HF 3 (LSB 1116YH (2) 86)

HOUSE FILE 3

BY  JONES

A BILL FOR

An Act relating to invasion of privacy, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.21, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  The other person does not have knowledge about and does not consent or is unable to consent to being viewed, photographed, or filmed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the criminal offense of invasion of privacy.
   The bill provides that a person who knowingly views, photographs, or films a victim, for the purpose of arousing or gratifying the sexual desire of any person, commits invasion of privacy if all of the following apply: the victim does not consent or is unable to consent to being viewed, photographed, or filmed; the victim is in a state of full or partial nudity; and the victim has a reasonable expectation of privacy while in a state of full or partial nudity.
   Under the bill, the victim may have knowledge that the perpetrator is viewing, photographing, or filming the victim. Current law requires the victim to have no knowledge the perpetrator is viewing, photographing, or filming the victim.
   A person who violates the bill commits a serious misdemeanor and must register as a sex offender. A person convicted of invasion of privacy also is subject to a 10-year special sentence under Code section 903B.2. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.