S-3118

   Amend Senate File 84, as passed by the Senate, as follows:
   1.  Page 1, before line 1 by inserting: 
<DIVISION I
SEXUAL EXPLOITATION OF A MINOR>
   2.  Page 1, before line 1 by inserting: 
   <Section 1.  Section 710.10, subsections 1, 2, 3, and 4, Code 2023, are amended to read as follows:
   1.  A person commits a class “C” felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed to be under the age of thirteen including a law enforcement officer or agent posing as a minor under the age of thirteen.
   2.  A person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
   3.  A person commits a class “D” felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
   4.  A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen. A person convicted under this subsection shall not be subject to the registration requirements under chapter 692A unless the finder of fact determines that the illegal act was sexually motivated.>
   3.  Page 1, line 5, after <minor> by inserting <or a law enforcement officer or agent posing as a minor>
   4.  Page 2, line 4, after <conviction> by inserting <or deferred judgment>
   5.  Page 2, line 5, after <conviction> by inserting <or deferred judgment>
   6.  Page 2, after line 18 by inserting: 
   <Sec. ___.  Section 728.15, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor or a law enforcement officer or agent posing as a minor.>
   7.  Page 4, after line 24 by inserting: 
<DIVISION ___
STALKING UTILIZING A TECHNOLOGICAL DEVICE

   Sec. ___.  Section 692A.102, subsection 1, paragraph a, subparagraph (6), subparagraph division (b), Code 2023, is amended to read as follows:
   (b)  Stalking in violation of section 708.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126, except a violation of section 708.11, subsection 3, paragraph “b” “a”, subparagraph (3), shall be classified a tier II offense as provided in paragraph “b”.
   Sec. ___.  Section 692A.102, subsection 1, paragraph b, subparagraph (8), Code 2023, is amended to read as follows:
   (8)  Stalking in violation of section 708.11, subsection 3, paragraph “b” “a”, subparagraph (3), if a determination is made that the offense was sexually motivated pursuant to section 692A.126.
   Sec. ___.  Section 708.11, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
   Sec. ___.  Section 708.11, subsection 1, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  “Technological device” means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.
   Sec. ___.  Section 708.11, subsection 3, Code 2023, is amended to read as follows:
   3.  a.  A person who commits stalking in violation of this section commits a class “C” felony for a third or subsequent offense. if any of the following apply:
   (1)  The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
   (2)  The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
   (3)  The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
   (4)  The person utilizes a technological device while committing stalking.
   (5)  For a third or subsequent offense.
   b.  A person who commits stalking in violation of this section commits a class “D” felony if any of the following apply:
   (1)  The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
   (2)  The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
   (3)  The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
   (4)  The offense is a second offense.
   b.  A person who commits stalking in violation of this section commits a class “D” felony if the offense is a second offense which is not included in paragraph “a”.
   c.  A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph “b” “a”.>
   8.  Title page, by striking lines 1 and 2 and inserting <An Act relating to the criminal offenses of sexual exploitation of a minor and stalking committed while utilizing a technological device, the enticement and sexual exploitation of minors and the dissemination of obscene material to minors and the utilization of undercover law enforcement officers or agents posing as minors, and providing penalties.>
   9.  By renumbering as necessary.