S.F. _____ H.F. _____ Section 1. Section 728.1, subsection 3, Code 2011, 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 through g, 10 Code 2011, 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 f. Sadomasochistic abuse of a person by a minor for the 15 purpose of arousing or satisfying the sexual desires of a 16 person who may view a visual depiction of the abuse. 17 g. Nudity of a minor for the purpose of arousing or 18 satisfying the sexual desires of a person who may view a visual 19 depiction of the nude minor. 20 Sec. 3. Section 728.1, Code 2011, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 11. “Visual depiction” means but is 23 not limited to any picture, slide, photograph, digital or 24 electronic image, negative image, undeveloped film, motion 25 picture, videotape, digital or electronic recording, live 26 transmission, or other pictorial or three-dimensional 27 representation. 28 Sec. 4. Section 728.12, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. It shall be unlawful to employ, use, persuade, induce, 31 entice, coerce, solicit, knowingly permit, or otherwise cause 32 or attempt to cause a minor to engage in a prohibited sexual 33 act or in the simulation of a prohibited sexual act. A person 34 must know, or have reason to know, or intend that the act 35 -1- LSB 5149DP (2) 84 jm/rj 1/ 4

S.F. _____ H.F. _____ or simulated act may be photographed, filmed, or otherwise 1 preserved in a negative, slide, book, magazine, computer, 2 computer disk, or other print or visual medium, or be preserved 3 in an electronic, magnetic, or optical storage system, or in 4 any other type of storage system visual depiction . A person 5 who commits a violation of this subsection commits a class 6 “C” felony. Notwithstanding section 902.9 , the court may 7 assess a fine of not more than fifty thousand dollars for each 8 offense under this subsection in addition to imposing any other 9 authorized sentence. 10 Sec. 5. Section 728.12, subsection 3, unnumbered paragraph 11 1, Code 2011, is amended to read as follows: 12 It shall be unlawful to knowingly purchase or possess a 13 negative, slide, book, magazine, computer, computer disk, or 14 other print or visual medium, or an electronic, magnetic, or 15 optical storage system, or any other type of storage system 16 which depicts visual depiction of a minor engaging in a 17 prohibited sexual act or the simulation of a prohibited sexual 18 act. A person who commits a violation of this subsection 19 commits an aggravated misdemeanor for a first offense and a 20 class “D” felony for a second or subsequent offense. For 21 purposes of this subsection , an offense is considered a second 22 or subsequent offense if, prior to the person’s having been 23 convicted under this subsection , any of the following apply: 24 Sec. 6. Section 728.14, Code 2011, is amended to read as 25 follows: 26 728.14 Commercial film and photographic print processor 27 reports of depictions of minors engaged in prohibited sexual 28 acts. 29 1. A commercial film and photographic print processor 30 who has knowledge of or observes, within the scope of the 31 processor’s professional capacity or employment, a film, 32 photograph, video tape, negative, or slide which depicts visual 33 depiction of a minor whom the processor knows or reasonably 34 should know to be under the age of eighteen, engaged in a 35 -2- LSB 5149DP (2) 84 jm/rj 2/ 4

S.F. _____ H.F. _____ prohibited sexual act or in the simulation of a prohibited 1 sexual act, shall report the visual depiction to the county 2 attorney immediately or as soon as possible as required in this 3 section . The processor shall not report to the county attorney 4 visual depictions involving mere nudity of the minor, but shall 5 report visual depictions involving a prohibited sexual act. 6 This section shall not be construed to require a processor 7 to review all films, photographs, video tapes, negatives, or 8 slides visual depictions delivered to the processor within the 9 processor’s professional capacity or employment. 10 2. For purposes of this section , “prohibited sexual act” 11 means any of the following: 12 a. A sex act as defined in section 702.17 . 13 b. An act of bestiality involving a minor. 14 c. Fondling or touching the pubes or genitals of a minor for 15 the purpose of arousing or satisfying the sexual desires of a 16 person who may view a visual depiction of the act. 17 d. Fondling or touching the pubes or genitals of a person by 18 a minor for the purpose of arousing or satisfying the sexual 19 desires of a person who may view a visual depiction of the act. 20 e. Sadomasochistic abuse of a minor for the purpose of 21 arousing or satisfying the sexual desires of a person who may 22 view a visual depiction of the abuse. 23 f. Sadomasochistic abuse of a person by a minor for the 24 purpose of arousing or satisfying the sexual desires of a 25 person who may view a visual depiction of the abuse. 26 g. Nudity of a minor for the purpose of arousing or 27 satisfying the sexual desires of a person who may view a visual 28 depiction of the nude minor. 29 2. 3. A person who violates this section is guilty of a 30 simple misdemeanor. 31 EXPLANATION 32 This bill relates to the possession, distribution, and 33 reporting of obscene material. 34 The bill modifies the definition of “material” in Code 35 -3- LSB 5149DP (2) 84 jm/rj 3/ 4

S.F. _____ H.F. _____ chapter 728 to include live transmissions. 1 Under the bill, the modification of the definition of 2 the term “material” results in changes to the elements of 3 the following criminal offenses within Code chapter 728: 4 dissemination of obscene material to minors (Code section 5 728.2), admitting minors to premises where obscene material is 6 exhibited (Code section 728.3), rental or sale of hard-core 7 pornography (Code section 728.4), sexual exploitation of a 8 minor (Code section 728.12(2)), and telephone dissemination of 9 obscene material (Code section 728.15). 10 The bill also defines the term “visual depiction” within 11 Code chapter 728 to include any picture, slide, photograph, 12 digital or electronic image, negative image, undeveloped film, 13 motion picture, videotape, digital or electronic recording, 14 live transmission, or other pictorial or three-dimensional 15 representation. 16 The bill modifies the elements of the criminal offense of 17 sexual exploitation of a minor in Code section 728.12(1) and 18 (3) by substituting references for a computer and other types 19 of storage systems with the term “visual depiction” as defined 20 by the bill. The bill also substitutes “visual depiction” for 21 storage systems referenced in Code section 728.14 to conform 22 with the sexual exploitation of a minor changes in Code section 23 728.12. 24 In addition, the word “visual” is added before the word 25 “depiction” throughout Code chapter 728 to conform with the 26 changes made by the bill. 27 The changes in the bill to the criminal offense of sexual 28 exploitation of a minor in Code section 728.12(3) are in 29 response to the State v. Muhlenbruch, 728 N.W.2d 212 (Iowa 30 2007). 31 -4- LSB 5149DP (2) 84 jm/rj 4/ 4