Senate
File
84
-
Enrolled
Senate
File
84
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
SEXUAL
EXPLOITATION
OF
A
MINOR
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
Senate
File
84,
p.
2
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.
Sec.
2.
Section
728.12,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
It
shall
be
unlawful
to
employ,
use,
persuade,
induce,
entice,
coerce,
solicit,
knowingly
permit,
or
otherwise
cause
or
attempt
to
cause
a
minor
or
a
law
enforcement
officer
or
agent
posing
as
a
minor
to
engage
in
a
prohibited
sexual
act
or
in
the
simulation
of
a
prohibited
sexual
act.
A
person
must
know,
or
have
reason
to
know,
or
intend
that
the
act
or
simulated
act
may
be
photographed,
filmed,
or
otherwise
preserved
in
a
visual
depiction.
A
person
who
commits
a
violation
of
this
subsection
commits
a
class
“C”
“B”
felony.
Notwithstanding
section
902.9
,
the
court
may
assess
a
fine
of
not
more
than
fifty
thousand
dollars
for
each
offense
under
this
subsection
in
addition
to
imposing
any
other
authorized
Senate
File
84,
p.
3
sentence.
2.
It
shall
be
unlawful
to
knowingly
promote
any
material
visually
depicting
a
live
performance
of
a
minor
engaging
in
a
prohibited
sexual
act
or
in
the
simulation
of
a
prohibited
sexual
act.
A
person
who
commits
a
violation
of
this
subsection
commits
a
class
“D”
“C”
felony.
Notwithstanding
section
902.9
,
the
court
may
assess
a
fine
of
not
more
than
twenty-five
thousand
dollars
for
each
offense
under
this
subsection
in
addition
to
imposing
any
other
authorized
sentence.
3.
It
shall
be
unlawful
to
knowingly
purchase
or
possess
a
visual
depiction
of
a
minor
engaging
in
a
prohibited
sexual
act
or
the
simulation
of
a
prohibited
sexual
act.
A
visual
depiction
containing
pictorial
representations
of
different
minors
shall
be
prosecuted
and
punished
as
separate
offenses
for
each
pictorial
representation
of
a
different
minor
in
the
visual
depiction.
However,
violations
of
this
subsection
involving
multiple
visual
depictions
of
the
same
minor
shall
be
prosecuted
and
punished
as
one
offense.
A
person
who
commits
a
violation
of
this
subsection
commits
an
aggravated
misdemeanor
a
class
“D”
felony
for
a
first
offense
and
a
class
“D”
“C”
felony
for
a
second
or
subsequent
offense.
For
purposes
of
this
subsection
,
an
offense
is
considered
a
second
or
subsequent
offense
if,
prior
to
the
person’s
having
been
convicted
under
this
subsection
,
any
of
the
following
apply:
the
person
has
a
prior
conviction
or
deferred
judgment
under
this
subsection
or
has
a
prior
conviction
or
deferred
judgment
in
another
jurisdiction
for
a
substantially
similar
offense.
The
court
shall
judicially
notice
the
statutes
of
other
states
that
define
offenses
substantially
similar
to
the
offenses
defined
in
this
subsection
and
that
therefore
can
be
considered
corresponding
statutes.
a.
The
person
has
a
prior
conviction
or
deferred
judgment
under
this
subsection
.
b.
The
person
has
a
prior
conviction,
deferred
judgment,
or
the
equivalent
of
a
deferred
judgment
in
another
jurisdiction
for
an
offense
substantially
similar
to
the
offense
defined
in
this
subsection
.
The
court
shall
judicially
notice
the
statutes
of
other
states
that
define
offenses
substantially
Senate
File
84,
p.
4
similar
to
the
offense
defined
in
this
subsection
and
that
therefore
can
be
considered
corresponding
statutes.
Sec.
3.
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
.
Sec.
4.
Section
901.11,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
At
the
time
of
sentencing,
the
court
shall
determine
when
a
person
convicted
of
sexual
exploitation
of
a
minor
as
described
in
section
902.12,
subsection
6,
shall
first
become
eligible
for
parole
or
work
release
within
the
parameters
specified
in
section
902.12,
subsection
6,
based
upon
all
pertinent
information
including
the
person’s
criminal
record,
a
validated
risk
assessment,
and
the
negative
impact
the
offense
has
had
on
the
victim
or
other
persons.
Sec.
5.
Section
902.12,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
A
person
serving
a
sentence
for
a
conviction
of
sexual
exploitation
of
a
minor
in
violation
of
section
728.12,
subsection
1,
shall
be
denied
parole
or
work
release
until
the
person
has
served
between
one-half
and
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
determined
under
section
901.11,
subsection
6.
Sec.
6.
Section
903B.1,
Code
2023,
is
amended
to
read
as
follows:
903B.1
Special
sentence
——
class
“B”
or
class
“C”
felonies.
A
person
convicted
of
a
class
“C”
felony
or
greater
offense
under
chapter
709
or
section
728.12
,
or
a
class
“B”
felony
under
section
713.3,
subsection
1
,
paragraph
“d”
,
or
a
class
“C”
felony
under
section
728.12
,
shall
also
be
sentenced,
in
addition
to
any
other
punishment
provided
by
law,
to
a
special
sentence
committing
the
person
into
the
custody
of
the
director
of
the
Iowa
department
of
corrections
for
the
rest
of
the
person’s
life,
with
eligibility
for
parole
as
provided
in
chapter
906
.
The
board
of
parole
shall
determine
whether
the
person
should
be
released
on
parole
or
placed
in
a
work
release
program.
The
special
sentence
imposed
under
this
section
shall
Senate
File
84,
p.
5
commence
upon
completion
of
the
sentence
imposed
under
any
applicable
criminal
sentencing
provisions
for
the
underlying
criminal
offense
and
the
person
shall
begin
the
sentence
under
supervision
as
if
on
parole
or
work
release.
The
person
shall
be
placed
on
the
corrections
continuum
in
chapter
901B
,
and
the
terms
and
conditions
of
the
special
sentence,
including
violations,
shall
be
subject
to
the
same
set
of
procedures
set
out
in
chapters
901B
,
905
,
906
,
and
908
,
and
rules
adopted
under
those
chapters
for
persons
on
parole
or
work
release.
The
revocation
of
release
shall
not
be
for
a
period
greater
than
two
years
upon
any
first
revocation,
and
five
years
upon
any
second
or
subsequent
revocation.
A
special
sentence
shall
be
considered
a
category
“A”
sentence
for
purposes
of
calculating
earned
time
under
section
903A.2
.
Sec.
7.
Section
907.3,
subsection
1,
paragraph
a,
Code
2023,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(15)
The
offense
is
a
violation
of
section
728.12.
Sec.
8.
Section
915.100,
subsection
2,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
j.
In
cases
where
the
offender
was
convicted
of
sexual
exploitation
of
a
minor
in
violation
of
section
728.12,
subsection
1
or
2,
the
court
shall
order
restitution
under
this
section
in
an
amount
to
be
determined
by
the
court
as
follows:
(1)
The
court
shall
determine
the
full
amount
of
the
victim’s
losses
that
were
incurred
or
are
reasonably
projected
to
be
incurred
by
the
victim
as
a
result
of
the
sexual
exploitation
of
the
victim,
but
in
no
case
shall
such
amount
be
less
than
three
thousand
dollars.
(2)
After
completing
the
determination
required
under
subparagraph
(1),
the
court
shall
order
pecuniary
damages
in
an
amount
that
reflects
the
offender’s
relative
role
in
the
causal
process
that
underlies
the
victim’s
losses,
but
in
no
case
shall
such
amount
be
less
than
three
thousand
dollars.
(3)
For
purposes
of
this
paragraph,
in
addition
to
the
definition
of
victim
provided
in
section
915.10,
subsection
3,
“victim”
means
the
individual
harmed
as
a
result
of
a
commission
of
a
crime
under
section
728.12.
The
legal
guardian
of
the
Senate
File
84,
p.
6
victim
or
representative
of
the
victim’s
estate,
another
family
member,
or
any
other
person
appointed
as
suitable
by
the
court,
may
assume
the
crime
victim’s
rights
under
this
paragraph,
but
in
no
event
shall
the
offender
be
named
as
a
representative
or
guardian.
DIVISION
II
STALKING
UTILIZING
A
TECHNOLOGICAL
DEVICE
Sec.
9.
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.
10.
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.
11.
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.
12.
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.
13.
Section
708.11,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
84,
p.
7
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”
.
Senate
File
84,
p.
8
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”
.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
84,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor