House Amendment to Senate File 84 S-3118 Amend Senate File 84, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 SEXUAL EXPLOITATION OF A MINOR > 4 2. Page 1, before line 1 by inserting: 5 < Section 1. Section 710.10, subsections 1, 2, 3, and 4, Code 6 2023, are amended to read as follows: 7 1. A person commits a class “C” felony when, without 8 authority and with the intent to commit sexual abuse or sexual 9 exploitation upon a minor under the age of thirteen, the person 10 entices or attempts to entice a person reasonably believed 11 to be under the age of thirteen including a law enforcement 12 officer or agent posing as a minor under the age of thirteen . 13 2. A person commits a class “D” felony when, without 14 authority and with the intent to commit an illegal sex act upon 15 or sexual exploitation of a minor under the age of sixteen, 16 the person entices or attempts to entice a person reasonably 17 believed to be under the age of sixteen including a law 18 enforcement officer or agent posing as a minor under the age 19 of sixteen . 20 3. A person commits a class “D” felony when, without 21 authority and with the intent to commit an illegal act upon a 22 minor under the age of sixteen, the person entices a person 23 reasonably believed to be under the age of sixteen including a 24 law enforcement officer or agent posing as a minor under the 25 age of sixteen . 26 4. A person commits an aggravated misdemeanor when, without 27 authority and with the intent to commit an illegal act upon 28 a minor under the age of sixteen, the person attempts to 29 entice a person reasonably believed to be under the age of 30 sixteen including a law enforcement officer or agent posing as 31 a minor under the age of sixteen . A person convicted under 32 this subsection shall not be subject to the registration 33 requirements under chapter 692A unless the finder of fact 34 determines that the illegal act was sexually motivated. > 35 -1- SF 84.1561.H (2) 90 md 1/ 4 #1. #2.

3. Page 1, line 5, after < minor > by inserting < or a law 1 enforcement officer or agent posing as a minor > 2 4. Page 2, line 4, after < conviction > by inserting < or 3 deferred judgment > 4 5. Page 2, line 5, after < conviction > by inserting < or 5 deferred judgment > 6 6. Page 2, after line 18 by inserting: 7 < Sec. ___. Section 728.15, subsection 1, paragraph b, Code 8 2023, is amended to read as follows: 9 b. A person shall not knowingly disseminate obscene material 10 by the use of telephones or telephone facilities to a minor or 11 a law enforcement officer or agent posing as a minor . > 12 7. Page 4, after line 24 by inserting: 13 < DIVISION ___ 14 STALKING UTILIZING A TECHNOLOGICAL DEVICE 15 Sec. ___. Section 692A.102, subsection 1, paragraph a, 16 subparagraph (6), subparagraph division (b), Code 2023, is 17 amended to read as follows: 18 (b) Stalking in violation of section 708.11 , if a 19 determination is made that the offense was sexually motivated 20 pursuant to section 692A.126 , except a violation of section 21 708.11, subsection 3 , paragraph “b” “a” , subparagraph (3), shall 22 be classified a tier II offense as provided in paragraph “b” . 23 Sec. ___. Section 692A.102, subsection 1, paragraph b, 24 subparagraph (8), Code 2023, is amended to read as follows: 25 (8) Stalking in violation of section 708.11, subsection 3 , 26 paragraph “b” “a” , subparagraph (3), if a determination is made 27 that the offense was sexually motivated pursuant to section 28 692A.126 . 29 Sec. ___. Section 708.11, subsection 1, paragraph b, Code 30 2023, is amended to read as follows: 31 b. “Course of conduct” means repeatedly maintaining a visual 32 or physical proximity to a person without legitimate purpose, 33 repeatedly utilizing a technological device to locate, listen 34 to, or watch a person without authorization or legitimate 35 -2- SF 84.1561.H (2) 90 md 2/ 4 #3. #4. #5. #6. #7.

purpose, or repeatedly conveying oral or written threats, 1 threats implied by conduct, or a combination thereof, directed 2 at or toward a person. 3 Sec. ___. Section 708.11, subsection 1, Code 2023, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . e. “Technological device” means any 6 computer, cellular phone, smartphone, digital camera, video 7 camera, audio recording device, global positioning device, or 8 other electronic device that can be used for creating, storing, 9 or transmitting information in the form of electronic data. 10 Sec. ___. Section 708.11, subsection 3, Code 2023, is 11 amended to read as follows: 12 3. a. A person who commits stalking in violation of this 13 section commits a class “C” felony for a third or subsequent 14 offense. if any of the following apply: 15 (1) The person commits stalking while subject to 16 restrictions contained in a criminal or civil protective 17 order or injunction, or any other court order which prohibits 18 contact between the person and the victim, or while subject to 19 restrictions contained in a criminal or civil protective order 20 or injunction, or any other court order which prohibits contact 21 between the person and another person against whom the person 22 has committed a public offense. 23 (2) The person commits stalking while in possession of a 24 dangerous weapon, as defined in section 702.7. 25 (3) The person commits stalking by directing a course of 26 conduct at a specific person who is under eighteen years of 27 age. 28 (4) The person utilizes a technological device while 29 committing stalking. 30 (5) For a third or subsequent offense. 31 b. A person who commits stalking in violation of this 32 section commits a class “D” felony if any of the following 33 apply: 34 (1) The person commits stalking while subject to 35 -3- SF 84.1561.H (2) 90 md 3/ 4

restrictions contained in a criminal or civil protective 1 order or injunction, or any other court order which prohibits 2 contact between the person and the victim, or while subject to 3 restrictions contained in a criminal or civil protective order 4 or injunction or other court order which prohibits contact 5 between the person and another person against whom the person 6 has committed a public offense. 7 (2) The person commits stalking while in possession of a 8 dangerous weapon, as defined in section 702.7 . 9 (3) The person commits stalking by directing a course of 10 conduct at a specific person who is under eighteen years of 11 age. 12 (4) The offense is a second offense. 13 b. A person who commits stalking in violation of this 14 section commits a class “D” felony if the offense is a second 15 offense which is not included in paragraph “a” . 16 c. A person who commits stalking in violation of this 17 section commits an aggravated misdemeanor if the offense is a 18 first offense which is not included in paragraph “b” “a” . > 19 8. Title page, by striking lines 1 and 2 and inserting < An 20 Act relating to the criminal offenses of sexual exploitation of 21 a minor and stalking committed while utilizing a technological 22 device, the enticement and sexual exploitation of minors 23 and the dissemination of obscene material to minors and the 24 utilization of undercover law enforcement officers or agents 25 posing as minors, and providing penalties. > 26 9. By renumbering as necessary. 27 -4- SF 84.1561.H (2) 90 md 4/ 4 #8.