House File 2527 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HF 762)
(SUCCESSOR TO HF 694)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to criminal offenses against minors including
2 sexual abuse and indecent exposure by electronic transmission
3 of an image, and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6573HZ 82
6 jm/nh/8
PAG LIN
1 1 Section 1. Section 229A.2, subsection 10, paragraph a,
1 2 Code Supplement 2007, is amended to read as follows:
1 3 a. A violation of any provision of chapter 709, except
1 4 section 709.9A or section 709.18, subsection 2 or 3.
1 5 Sec. 2. Section 692A.1, subsection 5, Code 2007, is
1 6 amended by adding the following new paragraph:
1 7 NEW PARAGRAPH. o. Indecent exposure by electronic
1 8 transmission of an image in violation of section 709.9A.
1 9 Sec. 3. Section 692A.1, subsection 5, paragraph o, Code
1 10 2007, is amended to read as follows:
1 11 o. p. An indictable offense committed in another
1 12 jurisdiction which would constitute an indictable offense
1 13 under paragraphs "a" through "n" "o".
1 14 Sec. 4. Section 709.3, subsection 2, Code 2007, is amended
1 15 to read as follows:
1 16 2. The other person is under the age of twelve thirteen.
1 17 Sec. 5. Section 709.4, subsection 2, paragraph b, Code
1 18 2007, is amended to read as follows:
1 19 b. The other person is twelve or thirteen years of age.
1 20 Sec. 6. NEW SECTION. 709.9A INDECENT EXPOSURE BY
1 21 ELECTRONIC TRANSMISSION OF AN IMAGE.
1 22 1. A person who electronically transmits an image of the
1 23 person's exposed genitals or pubes, or electronically
1 24 transmits an image of the person committing a sex act, commits
1 25 an aggravated misdemeanor if all of the following apply:
1 26 a. The image is intended to be viewed by a child or a
1 27 person believed to be a child.
1 28 b. The person intends to arouse or satisfy the sexual
1 29 desires of either party.
1 30 2. A person who electronically transmits an image of the
1 31 person's exposed genitals or pubes, or electronically
1 32 transmits an image of the person committing a sex act, commits
1 33 a serious misdemeanor if all of the following apply:
1 34 a. The image is intended to be viewed by another person.
1 35 b. The person intends to arouse or satisfy the sexual
2 1 desires of either party.
2 2 c. The person knows or reasonably should know that the
2 3 image is offensive to the viewer.
2 4 Sec. 7. Section 907.3, subsection 1, Code 2007, is amended
2 5 by adding the following new paragraph:
2 6 NEW PARAGRAPH. m. The offense is a violation of section
2 7 709.9A, subsection 1.
2 8 Sec. 8. Section 907.3, subsection 2, Code 2007, is amended
2 9 by adding the following new paragraph:
2 10 NEW PARAGRAPH. g. The offense is a violation of section
2 11 709.9A, subsection 1.
2 12 EXPLANATION
2 13 This bill relates to criminal offenses against minors
2 14 including sexual abuse and indecent exposure by electronic
2 15 transmission of an image.
2 16 Under the bill, a person who commits a sex act with a
2 17 person under 13 years of age commits sexual abuse in the
2 18 second degree. Current law provides that a person who commits
2 19 a sex act with a person under 12 years of age commits sexual
2 20 abuse in the second degree. A person who commits sexual abuse
2 21 in the second degree commits a class "B" felony.
2 22 Under the bill, a person who commits a consensual sex act
2 23 with a person 13 years of age commits sexual abuse in the
2 24 third degree. Current law provides that a person who commits
2 25 a sex act with a person 12 or 13 years of age commits sexual
2 26 abuse in the third degree.
2 27 Under the bill and in current law, a person who commits a
2 28 sex act with a person 14 or 15 years of age commits sexual
2 29 abuse in the third degree if any of the following apply: the
2 30 person is a member of the same household as the other person;
2 31 the person is related to the other person by blood or affinity
2 32 to the fourth degree; the person is in a position of authority
2 33 over the other person and uses that authority to coerce the
2 34 other person to submit; or the person is four or more years
2 35 older than the other person. A person who commits sexual
3 1 abuse in the third degree commits a class "C" felony.
3 2 Under the bill and in current law a consensual sex act with
3 3 a person 16 years of age or older is not punishable as a
3 4 criminal act.
3 5 The bill creates a criminal offense of indecent exposure by
3 6 electronic transmission of an image in Code chapter 709.
3 7 Under the bill, a person commits indecent exposure by
3 8 electronic transmission of an image punishable as an
3 9 aggravated misdemeanor if the person electronically transmits
3 10 an image of the person committing a sex act, and if the image
3 11 is intended to be viewed by a child or a person believed to be
3 12 a child and the person intends to arouse the sexual desires of
3 13 either party.
3 14 Under the bill, a person commits indecent exposure by
3 15 electronic transmission of an image punishable as a serious
3 16 misdemeanor if the person electronically transmits an image of
3 17 the person committing a sex act, and if all of the following
3 18 apply: the image is intended to be viewed by another person,
3 19 the person intends to arouse the sexual desires of either
3 20 party, and the person knows or reasonably knows that the image
3 21 is offensive to the viewer.
3 22 A criminal offense in Code chapter 709 classified as an
3 23 aggravated misdemeanor or serious misdemeanor is subject to
3 24 the special sentence provisions of Code section 903B.2. The
3 25 special sentence of a person convicted of indecent exposure by
3 26 electronic transmission of an image under the bill commences
3 27 upon completion of the sentence for the underlying criminal
3 28 offense of indecent exposure by electronic transmission of an
3 29 image. The special sentence, under the bill, places the
3 30 person on parole status for a period of 10 years.
3 31 In addition, an offense in Code chapter 709 may also be
3 32 used as evidence in prosecutions for similar offenses pursuant
3 33 to Code section 701.11(3), and is considered a "sexually
3 34 predatory offense" for prosecutions under Code chapter 901A.
3 35 Victims under 18 years of age of an offense under Code chapter
4 1 709 are also eligible for victim services pursuant to Code
4 2 sections 915.35 through 915.37, and may apply for compensation
4 3 through the crime victim compensation program without filing a
4 4 police report pursuant to Code section 915.84.
4 5 The bill prohibits a person from receiving a deferred
4 6 judgment, or a suspended or deferred sentence, if the person
4 7 is convicted of indecent exposure by electronic transmission
4 8 of an image and the viewer is under 14 years of age.
4 9 A serious misdemeanor is punishable by confinement for no
4 10 more than one year and a fine of at least $315 but not more
4 11 than $1,875. An aggravated misdemeanor is punishable by
4 12 confinement for no more than two years and a fine of at least
4 13 $625 but not more than $6,250. A class "C" felony is
4 14 punishable by confinement for no more than 10 years and a fine
4 15 of at least $1,000 but not more than $10,000. A class "B"
4 16 felony is punishable by confinement for no more than 25 years.
4 17 LSB 6573HZ 82
4 18 jm/nh/8