House
Study
Bill
32
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
penalties
for
the
criminal
offense
of
1
sexual
exploitation
of
a
minor
by
the
purchase
or
possession
2
of
child
pornography.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
728.12,
subsection
3,
unnumbered
1
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
2
It
shall
be
unlawful
to
knowingly
purchase
or
possess
a
3
visual
depiction
of
a
minor
engaging
in
a
prohibited
sexual
4
act
or
the
simulation
of
a
prohibited
sexual
act.
A
visual
5
depiction
containing
pictorial
representations
of
different
6
minors
shall
be
prosecuted
and
punished
as
separate
offenses
7
for
each
pictorial
representation
of
a
different
minor
in
the
8
visual
depiction.
However,
violations
of
this
subsection
9
involving
multiple
visual
depictions
of
the
same
minor
shall
10
be
prosecuted
and
punished
as
one
offense.
A
person
who
11
commits
a
violation
of
this
subsection
commits
an
aggravated
12
misdemeanor
a
class
“D”
felony
for
a
first
offense
and
a
13
class
“D”
“C”
felony
for
a
second
or
subsequent
offense.
For
14
purposes
of
this
subsection
,
an
offense
is
considered
a
second
15
or
subsequent
offense
if,
prior
to
the
person’s
having
been
16
convicted
under
this
subsection
,
any
of
the
following
apply:
17
EXPLANATION
18
This
bill
relates
to
the
penalties
for
the
criminal
offense
19
of
sexual
exploitation
of
a
minor
by
the
purchase
or
possession
20
of
child
pornography.
21
The
bill
increases
the
criminal
penalty
for
knowingly
22
purchasing
or
possessing
a
visual
depiction
of
a
minor
engaged
23
in
a
prohibited
sexual
or
simulated
sexual
act.
For
a
first
24
offense
violation,
the
bill
increases
the
criminal
penalty
25
from
an
aggravated
misdemeanor
to
a
class
“D”
felony.
For
a
26
second
or
subsequent
violation,
the
bill
increases
the
criminal
27
penalty
from
a
class
“D”
felony
to
a
class
“C”
felony.
28
Under
the
bill,
by
increasing
the
criminal
penalty
from
a
29
class
“D”
felony
to
a
class
“C”
felony,
a
person
convicted
30
of
a
second
or
subsequent
offense
of
sexual
exploitation
31
of
a
minor
in
violation
of
Code
section
728.12(3)
is
also
32
required
to
serve
a
special
sentence
for
the
rest
of
the
33
person’s
life
under
Code
section
903B.1.
Current
law
requires
34
a
person
convicted
of
a
first
or
subsequent
offense
of
sexual
35
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_____
exploitation
of
a
minor
in
violation
of
Code
section
728.12(3)
1
to
serve
a
10-year
special
sentence
under
Code
section
903B.2.
2
A
person
serving
a
special
sentence
is
required
to
register
3
as
a
sex
offender
for
a
period
equal
to
the
term
of
the
special
4
sentence,
but
in
no
case
shall
the
person
register
as
a
sex
5
offender
for
less
than
10
years
pursuant
to
Code
section
6
692A.106(2).
7
An
aggravated
misdemeanor
is
punishable
by
confinement
for
8
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
9
than
$6,250.
A
class
“D”
felony
is
punishable
by
confinement
10
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
11
not
more
than
$7,500.
A
class
“C”
felony
is
punishable
by
12
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
13
$1,000
but
not
more
than
$10,000.
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