House File 2334 - Introduced HOUSE FILE 2334 BY FORD A BILL FOR An Act relating to the criminal offense of sexual exploitation 1 of a minor, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6144HH (2) 83 jm/rj

H.F. 2334 Section 1. Section 728.12, Code 2009, is amended to read as 1 follows: 2 728.12 Sexual exploitation of a minor. 3 1. It shall be unlawful to attempt to or to employ, use, 4 persuade, induce, entice, coerce, solicit, knowingly permit, 5 or otherwise cause or attempt to cause a minor or a person 6 reasonably believed to be a minor to engage in a prohibited 7 sexual act or in the simulation of a prohibited sexual act. A 8 person must know, or have reason to know, or intend that the 9 act or simulated act may be photographed, filmed, or otherwise 10 preserved in a negative, slide, book, magazine, computer, 11 computer disk, or other print or visual medium, or be preserved 12 in an electronic, magnetic, or optical storage system, or 13 in any other type of storage system. A person who commits 14 a violation of this subsection commits a class “C” felony. 15 Notwithstanding section 902.9, the court may assess a fine of 16 not more than fifty thousand dollars for each offense under 17 this subsection in addition to imposing any other authorized 18 sentence. 19 2. It shall be unlawful to attempt to or to knowingly 20 promote any material visually depicting a live performance of a 21 minor or a person reasonably believed to be a minor engaging in 22 a prohibited sexual act or in the simulation of a prohibited 23 sexual act. A person who commits a violation of this 24 subsection commits a class “D” felony. Notwithstanding section 25 902.9, the court may assess a fine of not more than twenty-five 26 thousand dollars for each offense under this subsection in 27 addition to imposing any other authorized sentence. 28 3. It shall be unlawful to attempt to or to knowingly 29 purchase or possess a negative, slide, book, magazine, 30 computer, computer disk, or other print or visual medium, or 31 an electronic, magnetic, or optical storage system, or any 32 other type of storage system which depicts a minor or a person 33 reasonably believed to be a minor engaging in a prohibited 34 sexual act or the simulation of a prohibited sexual act. A 35 -1- LSB 6144HH (2) 83 jm/rj 1/ 2

H.F. 2334 person who commits a violation of this subsection commits 1 an aggravated misdemeanor for a first offense and a class 2 “D” felony for a second or subsequent offense. For purposes 3 of this subsection, an offense is considered a second or 4 subsequent offense if, prior to the person’s having been 5 convicted under this subsection, any of the following apply: 6 a. The person has a prior conviction or deferred judgment 7 under this subsection. 8 b. The person has a prior conviction, deferred judgment, or 9 the equivalent of a deferred judgment in another jurisdiction 10 for an offense substantially similar to the offense defined 11 in this subsection. The court shall judicially notice the 12 statutes of other states that define offenses substantially 13 similar to the offense defined in this subsection and that 14 therefore can be considered corresponding statutes. 15 4. This section does not apply to law enforcement officers, 16 court personnel, licensed physicians, licensed psychologists, 17 or attorneys in the performance of their official duties. 18 EXPLANATION 19 This bill relates to the criminal offense of sexual 20 exploitation of a minor. 21 The bill provides that a person who attempts to commit 22 sexual exploitation of a minor or who commits such an offense 23 involving a person reasonably believed to be a minor, is in 24 violation of Code section 728.12. A violation of current law 25 does not occur if a person attempts to commit a violation 26 of Code section 728.12 or the offense involves a person only 27 reasonably believed to be a minor. 28 A person who violates the bill commits anywhere from an 29 aggravated misdemeanor up to a class “C” felony depending on 30 the facts of the particular case. 31 A person convicted under the bill must register as a sex 32 offender under Code chapter 692A and is subject to a special 33 sentence as provided in Code section 903B.1 or 903B.2. 34 -2- LSB 6144HH (2) 83 jm/rj 2/ 2