HSB 32 (LSB 1456YC (3) 85)

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 sexual exploitation of a minor by the purchase or possession of child pornography.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 728.12, subsection 3, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   It shall be unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction. However, violations of this subsection involving multiple visual depictions of the same minor shall be prosecuted and punished as one offense. A person who commits a violation of this subsection commits an aggravated misdemeanor
 
a class “D” felony for a first offense and a class “D”
 
“C” felony for a second or subsequent offense. For purposes of this subsection, an offense is considered a second or subsequent offense if, prior to the person’s having been convicted under this subsection, any of the following apply:
EXPLANATION
   This bill relates to the penalties for the criminal offense of sexual exploitation of a minor by the purchase or possession of child pornography.
   The bill increases the criminal penalty for knowingly purchasing or possessing a visual depiction of a minor engaged in a prohibited sexual or simulated sexual act. For a first offense violation, the bill increases the criminal penalty from an aggravated misdemeanor to a class “D” felony. For a second or subsequent violation, the bill increases the criminal penalty from a class “D” felony to a class “C” felony. 
   Under the bill, by increasing the criminal penalty from a class “D” felony to a class “C” felony, a person convicted of a second or subsequent offense of sexual exploitation of a minor in violation of Code section 728.12(3) is also required to serve a special sentence for the rest of the person’s life under Code section 903B.1. Current law requires a person convicted of a first or subsequent offense of sexual exploitation of a minor in violation of Code section 728.12(3) to serve a 10-year special sentence under Code section 903B.2.
   A person serving a special sentence is required to register as a sex offender for a period equal to the term of the special sentence, but in no case shall the person register as a sex offender for less than 10 years pursuant to Code section 692A.106(2).
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.