H.F. 2332 Section 1. Section 728.1, subsection 3, Code 2009, is 1 amended to read as follows: 2 3. “Material” means any book, magazine, newspaper or 3 other printed or written material or any picture, drawing, 4 photograph, motion picture, or other pictorial representation 5 or any statue or other figure, or any recording, transcription 6 or mechanical, chemical or electrical reproduction , or any live 7 transmission, or any other articles, equipment, machines or 8 materials. 9 Sec. 2. Section 728.1, subsection 7, paragraphs e and g, 10 Code 2009, are amended to read as follows: 11 e. Sadomasochistic abuse of a minor for the purpose of 12 arousing or satisfying the sexual desires of a person who may 13 view a visual depiction of the abuse. 14 g. Nudity of a minor for the purpose of arousing or 15 satisfying the sexual desires of a person who may view a 16 visual depiction of the nude minor. 17 Sec. 3. Section 728.1, Code 2009, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 11. “Visual depiction” means but is 20 not limited to any picture, slide, photograph, digital or 21 electronic image, negative image, undeveloped film, motion 22 picture, videotape, digital or electronic recording, live 23 transmission, or other pictorial or three-dimensional 24 representation. 25 Sec. 4. Section 728.12, subsection 1, Code 2009, is amended 26 to read as follows: 27 1. It shall be unlawful to employ, use, persuade, induce, 28 entice, coerce, solicit, knowingly permit, or otherwise cause 29 or attempt to cause a minor to engage in a prohibited sexual 30 act or in the simulation of a prohibited sexual act. A person 31 must know, or have reason to know, or intend that the act 32 or simulated act may be photographed, filmed, or otherwise 33 preserved in a negative, slide, book, magazine, computer, 34 computer disk, or other print or visual medium, or be preserved 35 -1- LSB 6132HH (2) 83 jm/rj 1/ 4

H.F. 2332 in an electronic, magnetic, or optical storage system, or in 1 any other type of storage system visual depiction . A person 2 who commits a violation of this subsection commits a class 3 “C” felony. Notwithstanding section 902.9, the court may 4 assess a fine of not more than fifty thousand dollars for each 5 offense under this subsection in addition to imposing any other 6 authorized sentence. 7 Sec. 5. Section 728.12, subsection 3, unnumbered paragraph 8 1, Code 2009, is amended to read as follows: 9 It shall be unlawful to knowingly purchase or possess a 10 negative, slide, book, magazine, computer, computer disk, or 11 other print or visual medium, or an electronic, magnetic, or 12 optical storage system, or any other type of storage system 13 which depicts visual depiction of a minor engaging in a 14 prohibited sexual act or the simulation of a prohibited sexual 15 act. A person who commits a violation of this subsection 16 commits an aggravated misdemeanor for a first offense and a 17 class “D” felony for a second or subsequent offense. For 18 purposes of this subsection, an offense is considered a second 19 or subsequent offense if, prior to the person’s having been 20 convicted under this subsection, any of the following apply: 21 Sec. 6. Section 728.14, subsections 1 and 2, Code 2009, are 22 amended to read as follows: 23 1. A commercial film and photographic print processor 24 who has knowledge of or observes, within the scope of the 25 processor’s professional capacity or employment, a film, 26 photograph, video tape, negative, or slide which depicts visual 27 depiction of a minor whom the processor knows or reasonably 28 should know to be under the age of eighteen, engaged in a 29 prohibited sexual act or in the simulation of a prohibited 30 sexual act, shall report the visual depiction to the county 31 attorney immediately or as soon as possible as required in this 32 section. The processor shall not report to the county attorney 33 visual depictions involving mere nudity of the minor, but shall 34 report visual depictions involving a prohibited sexual act. 35 -2- LSB 6132HH (2) 83 jm/rj 2/ 4

H.F. 2332 This section shall not be construed to require a processor 1 to review all films, photographs, video tapes, negatives, or 2 slides visual depictions delivered to the processor within the 3 processor’s professional capacity or employment. 4 2. For purposes of this section, “prohibited sexual act” 5 means any of the following: 6 a. A sex act as defined in section 702.17. 7 b. An act of bestiality involving a minor. 8 c. Fondling or touching the pubes or genitals of a minor for 9 the purpose of arousing or satisfying the sexual desires of a 10 person who may view a visual depiction of the act. 11 d. Fondling or touching the pubes or genitals of a person by 12 a minor for the purpose of arousing or satisfying the sexual 13 desires of a person who may view a visual depiction of the act. 14 e. Sadomasochistic abuse of a minor for the purpose of 15 arousing or satisfying the sexual desires of a person who may 16 view a visual depiction of the abuse. 17 f. Sadomasochistic abuse of a person by a minor for the 18 purpose of arousing or satisfying the sexual desires of a 19 person who may view a visual depiction of the abuse. 20 g. Nudity of a minor for the purpose of arousing or 21 satisfying the sexual desires of a person who may view a 22 visual depiction of the nude minor. 23 2. 3. A person who violates this section is guilty of a 24 simple misdemeanor. 25 EXPLANATION 26 This bill relates to the possession or distribution of 27 obscene material. 28 The bill modifies the definition of “material” in Code 29 chapter 728 to include live transmissions. 30 Under the bill, the modification of the definition of 31 the term “material” results in changes to the elements of 32 the following criminal offenses within Code chapter 728: 33 dissemination of obscene material to minors (Code section 34 728.2), admitting minors to premises where obscene material is 35 -3- LSB 6132HH (2) 83 jm/rj 3/ 4

H.F. 2332 exhibited (Code section 728.3), rental or sale of hard-core 1 pornography (Code section 728.4), sexual exploitation of a 2 minor (Code section 728.12(2)), and telephone dissemination of 3 obscene material (Code section 728.15). 4 The bill also defines the term “visual depiction” within 5 Code chapter 728 to include any picture, slide, photograph, 6 digital or electronic image, negative image, undeveloped film, 7 motion picture, videotape, digital or electronic recording, 8 live transmission, or other pictorial or three-dimensional 9 representation. 10 The changes in the bill to the criminal offense of sexual 11 exploitation of a minor in Code section 728.12(3) are in 12 response to the State v. Muhlenbruch, 728 N.W.2d 212 (Iowa 13 2007). 14 The bill modifies the elements of the criminal offense 15 of sexual exploitation of a minor in Code section 728.12(3) 16 by substituting references for a computer and other types of 17 storage systems with the term “visual depiction” as defined 18 by the bill. The bill also substitutes “visual depiction” 19 for storage systems referenced in Code sections 728.12(1) and 20 728.14 to conform with the sexual exploitation of a minor 21 changes in Code section 728.12(3) due to the Muhlenbruch case. 22 In addition, the word “visual” is added before the word 23 “depiction” throughout Code chapter 728 to conform with the 24 changes made by the bill. 25 -4- LSB 6132HH (2) 83 jm/rj 4/ 4