House File 2123 - Introduced
HOUSE FILE
BY STRUYK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the distribution, possession, and reporting of
2 obscene material and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5699YH 82
5 jm/rj/14
PAG LIN
1 1 Section 1. Section 728.1, subsection 3, Code 2007, is
1 2 amended to read as follows:
1 3 3. "Material" means any book, magazine, newspaper or other
1 4 printed or written material or any picture, drawing,
1 5 photograph, motion picture, or other pictorial representation
1 6 or any statue or other figure, or any recording, transcription
1 7 or mechanical, chemical or electrical reproduction, or any
1 8 live transmission, or any other articles, equipment, machines
1 9 or materials.
1 10 Sec. 2. Section 728.1, subsection 7, paragraphs e and g,
1 11 Code 2007, are amended to read as follows:
1 12 e. Sadomasochistic abuse of a minor for the purpose of
1 13 arousing or satisfying the sexual desires of a person who may
1 14 view a visual depiction of the abuse.
1 15 g. Nudity of a minor for the purpose of arousing or
1 16 satisfying the sexual desires of a person who may view a
1 17 visual depiction of the nude minor.
1 18 Sec. 3. Section 728.1, Code 2007, is amended by adding the
1 19 following new subsection:
1 20 NEW SUBSECTION. 11. "Visual depiction" means but is not
1 21 limited to any picture, drawing, cartoon, painting, slide,
1 22 photograph, digital or electronic image, book, magazine,
1 23 negative image, undeveloped film, motion picture, videotape,
1 24 digital or electronic recording, live transmission, sculpture,
1 25 or other pictorial or three=dimensional representation.
1 26 Sec. 4. Section 728.12, subsection 1, Code 2007, is
1 27 amended to read as follows:
1 28 1. It shall be unlawful to employ, use, persuade, induce,
1 29 entice, coerce, solicit, knowingly permit, or otherwise cause
1 30 or attempt to cause a minor to engage in a prohibited sexual
1 31 act or in the simulation of a prohibited sexual act. A person
1 32 must know, or have reason to know, or intend that the act or
1 33 simulated act may be photographed, filmed, or otherwise
1 34 preserved in a negative, slide, book, magazine, computer,
1 35 computer disk, or other print or visual medium, or be
2 1 preserved in an electronic, magnetic, or optical storage
2 2 system, or in any other type of storage system visual
2 3 depiction. A person who commits a violation of this
2 4 subsection commits a class "C" felony. Notwithstanding
2 5 section 902.9, the court may assess a fine of not more than
2 6 fifty thousand dollars for each offense under this subsection
2 7 in addition to imposing any other authorized sentence.
2 8 Sec. 5. Section 728.12, subsection 3, unnumbered paragraph
2 9 1, Code 2007, is amended to read as follows:
2 10 It shall be unlawful to knowingly purchase or possess a
2 11 negative, slide, book, magazine, computer, computer disk, or
2 12 other print or visual medium, or an electronic, magnetic, or
2 13 optical storage system, or any other type of storage system
2 14 which depicts a visual depiction of a minor engaging in a
2 15 prohibited sexual act or the simulation of a prohibited sexual
2 16 act. A person who commits a violation of this subsection
2 17 commits an aggravated misdemeanor for a first offense and a
2 18 class "D" felony for a second or subsequent offense. For
2 19 purposes of this subsection, an offense is considered a second
2 20 or subsequent offense if, prior to the person's having been
2 21 convicted under this subsection, any of the following apply:
2 22 Sec. 6. Section 728.14, subsection 1, Code 2007, is
2 23 amended to read as follows:
2 24 1. A commercial film and photographic print processor who
2 25 has knowledge of or observes, within the scope of the
2 26 processor's professional capacity or employment, a film,
2 27 photograph, video tape, negative, or slide which depicts
2 28 visual depiction of a minor whom the processor knows or
2 29 reasonably should know to be under the age of eighteen,
2 30 engaged in a prohibited sexual act or in the simulation of a
2 31 prohibited sexual act, shall report the visual depiction to
2 32 the county attorney immediately or as soon as possible as
2 33 required in this section. The processor shall not report to
2 34 the county attorney visual depictions involving mere nudity of
2 35 the minor, but shall report visual depictions involving a
3 1 prohibited sexual act. This section shall not be construed to
3 2 require a processor to review all films, photographs, video
3 3 tapes, negatives, or slides visual depictions delivered to the
3 4 processor within the processor's professional capacity or
3 5 employment.
3 6 For purposes of this section, "prohibited sexual act" means
3 7 any of the following:
3 8 a. A sex act as defined in section 702.17.
3 9 b. An act of bestiality involving a minor.
3 10 c. Fondling or touching the pubes or genitals of a minor
3 11 for the purpose of arousing or satisfying the sexual desires
3 12 of a person who may view a visual depiction of the act.
3 13 d. Fondling or touching the pubes or genitals of a person
3 14 by a minor for the purpose of arousing or satisfying the
3 15 sexual desires of a person who may view a visual depiction of
3 16 the act.
3 17 e. Sadomasochistic abuse of a minor for the purpose of
3 18 arousing or satisfying the sexual desires of a person who may
3 19 view a visual depiction of the abuse.
3 20 f. Sadomasochistic abuse of a person by a minor for the
3 21 purpose of arousing or satisfying the sexual desires of a
3 22 person who may view a visual depiction of the abuse.
3 23 g. Nudity of a minor for the purpose of arousing or
3 24 satisfying the sexual desires of a person who may view a
3 25 visual depiction of the nude minor.
3 26 EXPLANATION
3 27 This bill relates to the possession or distribution of
3 28 obscene material.
3 29 The bill modifies the definition of "material" in Code
3 30 chapter 728 to include live transmissions.
3 31 Under the bill, the modification of the definition of the
3 32 term "material" results in changes to the elements of the
3 33 following criminal offenses: dissemination of obscene
3 34 material to minors (Code section 728.2), admitting minors to
3 35 premises where obscene material is exhibited (Code section
4 1 728.3), rental or sale of hard=core pornography (Code section
4 2 728.4), sexual exploitation of a minor (Code section
4 3 728.12(2)), and telephone dissemination of obscene material
4 4 (Code section 728.15).
4 5 The bill changes the elements of the criminal offense of
4 6 sexual exploitation of a minor to prohibit purchasing or
4 7 possessing "visual depictions" of a minor engaged in a
4 8 prohibited or simulated sex act.
4 9 The bill defines the term "visual depiction" to include any
4 10 picture, drawing, cartoon, painting, slide, photograph,
4 11 digital or electronic image, book, magazine, negative image,
4 12 undeveloped film, motion picture, videotape, digital or
4 13 electronic recording, live transmission, sculpture, or other
4 14 pictorial or three=dimensional representation. The bill
4 15 strikes current references to a computer or other types of
4 16 storage systems that may preserve such prohibited images.
4 17 The changes to the criminal offense of sexual exploitation
4 18 of a minor are in response to State v. Muhlenbruch, 728 N.W.2d
4 19 212 (Iowa 2007).
4 20 The bill also substitutes "visual depiction" for storage
4 21 systems referenced in Code sections 728.12(1) and 728.14 to
4 22 conform with the sexual exploitation of a minor changes in
4 23 Code section 728.12(3) due to the Muhlenbruch case. In
4 24 addition, the bill adds the word "visual" in Code section
4 25 728.1(7) to also conform with the changes in the bill.
4 26 LSB 5699YH 82
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