House File 762 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (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, enticing a minor away, and indecent exposure 3 through a webcam, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1450HV 82 6 jm/es/88 PAG LIN 1 1 Section 1. Section 692A.1, subsection 5, Code 2007, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. o. Indecent exposure through a webcam in 1 4 violation of section 709.9A. 1 5 Sec. 2. Section 692A.1, subsection 5, paragraph o, Code 1 6 2007, is amended to read as follows: 1 7o.p. An indictable offense committed in another 1 8 jurisdiction which would constitute an indictable offense 1 9 under paragraphs "a" through"n""o". 1 10 Sec. 3. Section 709.3, subsection 2, Code 2007, is amended 1 11 to read as follows: 1 12 2. The other person is under the age oftwelvethirteen. 1 13 Sec. 4. Section 709.4, subsection 2, paragraph b, Code 1 14 2007, is amended to read as follows: 1 15 b. The other person istwelve orthirteen years of age. 1 16 Sec. 5. NEW SECTION. 709.9A INDECENT EXPOSURE THROUGH A 1 17 WEBCAM. 1 18 1. As used in this section "webcam" means a real=time 1 19 camera that can transmit images through the internet. 1 20 2. A person commits indecent exposure through a webcam in 1 21 the first degree if the person exposes the person's genitals 1 22 or pubes through a webcam to a minor or a person believed to 1 23 be a minor, or commits a sex act intended to be viewed through 1 24 a webcam by a minor or a person believed to be a minor, and 1 25 the act is intended to arouse or satisfy the sexual desires of 1 26 either party. For purposes of this subsection "minor" means a 1 27 person under fourteen years of age. 1 28 3. A person commits indecent exposure through a webcam in 1 29 the second degree if the person exposes the person's genitals 1 30 or pubes through a webcam to another person, or commits a sex 1 31 act intended to be viewed through a webcam by another person, 1 32 and the act is intended to arouse or satisfy the sexual 1 33 desires of either party, and the person knows or reasonably 1 34 should know that the act is offensive to the viewer. 1 35 4. A person who violates this section commits a serious 2 1 misdemeanor. 2 2 Sec. 6. Section 903B.1, Code 2007, is amended to read as 2 3 follows: 2 4 903B.1 SPECIAL SENTENCE == CLASS "B" OR CLASS "C" 2 5 FELONIES. 2 6 A person convicted of a class "C" felony or greater offense 2 7 under chapter 709, or a class "C" felony under section 710.10, 2 8 or section 728.12, shall also be sentenced, in addition to any 2 9 other punishment provided by law, to a special sentence 2 10 committing the person into the custody of the director of the 2 11 Iowa department of corrections for the rest of the person's 2 12 life, with eligibility for parole as provided in chapter 906. 2 13 The special sentence imposed under this section shall commence 2 14 upon completion of the sentence imposed under any applicable 2 15 criminal sentencing provisions for the underlying criminal 2 16 offense and the person shall begin the sentence under 2 17 supervision as if on parole. The person shall be placed on 2 18 the corrections continuum in chapter 901B, and the terms and 2 19 conditions of the special sentence, including violations, 2 20 shall be subject to the same set of procedures set out in 2 21 chapters 901B, 905, 906, and chapter 908, and rules adopted 2 22 under those chapters for persons on parole. The revocation of 2 23 release shall not be for a period greater than two years upon 2 24 any first revocation, and five years upon any second or 2 25 subsequent revocation. A special sentence shall be considered 2 26 a category "A" sentence for purposes of calculating earned 2 27 time under section 903A.2. 2 28 Sec. 7. Section 903B.2, Code 2007, is amended to read as 2 29 follows: 2 30 903B.2 SPECIAL SENTENCE == CLASS "D" FELONIES OR 2 31 MISDEMEANORS. 2 32 A person convicted of a misdemeanor or a class "D" felony 2 33 offense under chapter 709, section 710.10, section 726.2, or 2 34 section 728.12 shall also be sentenced, in addition to any 2 35 other punishment provided by law, to a special sentence 3 1 committing the person into the custody of the director of the 3 2 Iowa department of corrections for a period of ten years, with 3 3 eligibility for parole as provided in chapter 906. The 3 4 special sentence imposed under this section shall commence 3 5 upon completion of the sentence imposed under any applicable 3 6 criminal sentencing provisions for the underlying criminal 3 7 offense and the person shall begin the sentence under 3 8 supervision as if on parole. The person shall be placed on 3 9 the corrections continuum in chapter 901B, and the terms and 3 10 conditions of the special sentence, including violations, 3 11 shall be subject to the same set of procedures set out in 3 12 chapters 901B, 905, 906, and 908, and rules adopted under 3 13 those chapters for persons on parole. The revocation of 3 14 release shall not be for a period greater than two years upon 3 15 any first revocation, and five years upon any second or 3 16 subsequent revocation. A special sentence shall be considered 3 17 a category "A" sentence for purposes of calculating earned 3 18 time under section 903A.2. 3 19 Sec. 8. Section 907.3, subsection 1, Code 2007, is amended 3 20 by adding the following new paragraph: 3 21 NEW PARAGRAPH. m. The offense is a violation of section 3 22 709.9A, subsection 2. 3 23 Sec. 9. Section 907.3, subsection 2, Code 2007, is amended 3 24 by adding the following new paragraph: 3 25 NEW PARAGRAPH. g. The offense is a violation of section 3 26 709.9A, subsection 2. 3 27 Sec. 10. Section 907.3, subsection 3, Code 2007, is 3 28 amended by adding the following new paragraph: 3 29 NEW PARAGRAPH. g. The offense is a violation of section 3 30 709.9A, subsection 2. 3 31 EXPLANATION 3 32 This bill relates to criminal offenses against minors 3 33 including sexual abuse and indecent exposure through a webcam. 3 34 Under the bill, a person who commits a sex act with a 3 35 person under 13 years of age commits sexual abuse in the 4 1 second degree. Current law provides that a person who commits 4 2 a sex act with a person under 12 years of age commits sexual 4 3 abuse in the second degree. A person who commits sexual abuse 4 4 in the second degree commits a class "B" felony. 4 5 Under the bill, a person who commits a consensual sex act 4 6 with a person 13 years of age commits sexual abuse in the 4 7 third degree. Current law provides that a person who commits 4 8 a sex act with a person 12 or 13 years of age commits sexual 4 9 abuse in the third degree. 4 10 Under the bill and in current law, a person who commits a 4 11 sex act with a person 14 or 15 years of age commits sexual 4 12 abuse in the third degree if any of the following apply: the 4 13 person is a member of the same household as the other person; 4 14 the person is related to the other person by blood or affinity 4 15 to the fourth degree; the person is in a position of authority 4 16 over the other person and uses that authority to coerce the 4 17 other person to submit; or the person is four or more years 4 18 older than the other person. A person who commits sexual 4 19 abuse in the third degree commits a class "C" felony. 4 20 Under the bill and in current law a consensual sex act with 4 21 a person 16 years of age or older is not punishable as a 4 22 criminal act. 4 23 The bill creates the criminal offense of indecent exposure 4 24 through a webcam. The bill defines "webcam" to mean a 4 25 real=time camera that can transmit images through the 4 26 internet. 4 27 Under the bill, a person commits indecent exposure through 4 28 a webcam in the first degree if the person exposes the 4 29 person's genitals or pubes through a webcam to a minor or a 4 30 person believed to be a minor, or commits a sex act intended 4 31 to be viewed through a webcam by a minor or a person believed 4 32 to be a minor, and the act is intended to arouse or satisfy 4 33 the sexual desires of either party. A person commits indecent 4 34 exposure through a webcam in the first degree if the minor is 4 35 under 14 years of age. 5 1 Under the bill, a person commits indecent exposure through 5 2 a webcam in the second degree under the same circumstances as 5 3 indecent exposure through a webcam in the first degree except 5 4 the exposure may be to another person of any age and the 5 5 person knows or reasonably should know that the act is 5 6 offensive to the viewer. 5 7 The bill prohibits a person from receiving a deferred 5 8 judgment, or a suspended or deferred sentence, if the person 5 9 is convicted of indecent exposure through a webcam and the 5 10 viewer is under 14 years of age. 5 11 A person who commits indecent exposure through a webcam 5 12 commits a serious misdemeanor. 5 13 The bill creates a special sentence for any person 5 14 convicted of enticing a minor away under Code section 710.10. 5 15 For a person sentenced for enticing a minor away that is 5 16 classified as a misdemeanor or class "D" felony, the special 5 17 sentence commences upon completion of the sentence for the 5 18 underlying criminal offense of enticing a minor away and the 5 19 person shall begin the sentence under supervision as if on 5 20 parole for a period of 10 years. 5 21 The bill also creates a special sentence for any person 5 22 convicted of enticing a minor away under Code section 710.10 5 23 that is classified as a class "C" felony. For a special 5 24 sentence classified as a class "C" felony, the special 5 25 sentence commences upon completion of the sentence for the 5 26 underlying criminal offense of enticing a minor away and the 5 27 person shall begin the sentence under supervision as if on 5 28 parole for the rest of the person's life. 5 29 A serious misdemeanor is punishable by confinement for no 5 30 more than one year and a fine of at least $315 but not more 5 31 than $1,875. An aggravated misdemeanor is punishable by 5 32 confinement for no more than two years and a fine of at least 5 33 $625 but not more than $6,250. A class "C" felony is 5 34 punishable by confinement for no more than 10 years and a fine 5 35 of at least $1,000 but not more than $10,000. A class "B" 6 1 felony is punishable by confinement for no more than 25 years. 6 2 LSB 1450HV 82 6 3 jm:nh/es/88