S.F. 2039 Section 1. Section 272.2, subsection 14, paragraph b, 1 subparagraph (1), subparagraph division (g), Code 2016, is 2 amended to read as follows: 3 (g) Telephone Using electronic communication device 4 dissemination of obscene material to minors under section 5 728.15 . 6 Sec. 2. Section 692A.102, subsection 1, paragraph a, 7 subparagraph (10), subparagraph division (a), Code 2016, is 8 amended to read as follows: 9 (a) Dissemination or exhibition of obscene material to 10 minors in violation of section 728.2 or telephone dissemination 11 of using electronic communication device to disseminate obscene 12 material to minors in violation of section 728.15 . 13 Sec. 3. Section 728.15, Code 2016, is amended to read as 14 follows: 15 728.15 Telephone dissemination of Using electronic 16 communication device to disseminate obscene material to minors. 17 1. a. As used in this section , “person” unless the context 18 otherwise requires: 19 a. “Electronic communication device” means a telephone or 20 a mobile telephone or other electronic device used to move 21 information from one place to another. 22 b. “Person” excludes any information-access service provider 23 that merely provides transmission capacity without control over 24 the content of the transmission. 25 b. 2. A person shall not knowingly disseminate obscene 26 material by the use of telephones or telephone facilities an 27 electronic communication device to a minor. 28 2. 3. It shall be a defense in any prosecution for a 29 violation of subsection 1 2 by a person accused of knowingly 30 disseminating obscene material by the use of telephones an 31 electronic communication device or telephone facilities to a 32 minor that the person accused has taken either of the following 33 measures to restrict access to the obscene material: 34 a. The person accused has done all of the following: 35 -1- LSB 5241XS (7) 86 jm/rj 1/ 6

S.F. 2039 (1) Required the person receiving the obscene material to 1 use an authorized access or identification code, as provided by 2 the information provider, before transmission of the obscene 3 material begins. 4 (2) Previously issued the code by mailing it to the 5 applicant after taking reasonable measures to ascertain that 6 the applicant was eighteen years of age or older. 7 (3) Established a procedure to immediately cancel the 8 code of any person after receiving notice, in writing or by 9 telephone electronic communication device , that the code has 10 been lost, stolen, or used by persons under the age of eighteen 11 years or that the code is no longer desired. 12 b. The person accused has required payment by credit card 13 before transmission of the obscene material. 14 3. 4. Any list of applicants or recipients compiled or 15 maintained by an information-access service provider for 16 purposes of compliance with subsection 2 3 is confidential and 17 shall not be sold or otherwise disseminated except upon order 18 of the court. 19 4. 5. a. A violation of subsection 1 2 is an aggravated 20 misdemeanor. 21 b. A violation of subsection 1 2 by a person who has been 22 previously convicted of a violation of subsection 1 2 is a 23 class “D” felony. 24 Sec. 4. Section 802.2, subsection 1, Code 2016, is amended 25 to read as follows: 26 1. An information or indictment for sexual abuse in the 27 first, second, or third degree committed on or with a person 28 who is under the age of eighteen years shall be found within 29 ten twenty-five years after the person upon whom the offense 30 is committed attains eighteen years of age, or if the person 31 against whom the information or indictment is sought is 32 identified through the use of a DNA profile, an information or 33 indictment shall be found within three years from the date the 34 person is identified by the person’s DNA profile, whichever is 35 -2- LSB 5241XS (7) 86 jm/rj 2/ 6

S.F. 2039 later. 1 Sec. 5. Section 802.2B, subsection 6, Code 2016, is amended 2 by striking the subsection. 3 Sec. 6. NEW SECTION . 802.2C Sexually motivated offenses —— 4 minors. 5 An information or indictment for a violation of section 6 728.2 or 728.3, 728.5, subsection 1, paragraph “f” , 728.5, 7 subsection 2, or section 728.12, 728.14, or 728.15 committed on 8 or with a person who is under the age of eighteen years shall be 9 found within twenty-five years after the person upon whom the 10 offense is committed attains eighteen years of age, or if the 11 person against whom the information or indictment is sought is 12 identified through the use of a DNA profile, an information or 13 indictment shall be found within three years from the date the 14 person is identified by the person’s DNA profile, whichever is 15 later. 16 Sec. 7. Section 802.3, Code 2016, is amended to read as 17 follows: 18 802.3 Felony —— aggravated or serious misdemeanor. 19 In all cases, except those enumerated in section 802.1 , 20 802.2 , 802.2A , 802.2B , 802.2C, or 802.10 , an indictment or 21 information for a felony or aggravated or serious misdemeanor 22 shall be found within three years after its commission. 23 Sec. 8. Section 802.4, Code 2016, is amended to read as 24 follows: 25 802.4 Simple misdemeanor —— ordinance. 26 A In all cases except for any case enumerated in section 27 802.2C, a prosecution for a simple misdemeanor or violation 28 of a municipal or county rule or ordinance shall be commenced 29 within one year after its commission. 30 Sec. 9. Section 802.10, subsection 3, Code 2016, is amended 31 to read as follows: 32 3. However, notwithstanding subsection 2 , an indictment 33 or information shall be found against a person within three 34 years from the date the person is identified by the person’s 35 -3- LSB 5241XS (7) 86 jm/rj 3/ 6

S.F. 2039 DNA profile. If the action involves sexual abuse or another 1 sexual offense, the indictment or information shall be found as 2 provided in section 802.2 , or 802.2B , or 802.2C, if the person 3 is identified by the person’s DNA profile. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the limitations of criminal actions 8 (statute of limitations) in sexually motivated or exploitation 9 offenses that involve a minor and modifies the criminal offense 10 for disseminating obscene materials to minors. 11 SEXUAL ABUSE. The bill amends Code section 802.2 by allowing 12 an indictment or information for sexual abuse in the first, 13 second, or third degree committed on or with a person under 18 14 years of age to be found within 25 years after the person upon 15 whom the offense is committed attains 18 years of age. 16 Current law provides that an indictment or information for 17 sexual abuse in the first, second, or third degree committed 18 on or with a person under 18 years of age shall be found within 19 10 years after the person upon whom the offense is committed 20 attains 18 years of age. 21 A person who commits sexual abuse in the first degree 22 commits a class “A” felony and is subject to a special sentence 23 under Code section 903B.1 for the rest of the person’s life 24 if the person ever completes the sentence for the underlying 25 criminal offense. A person who commits sexual abuse in the 26 second degree commits a class “B” felony and is subject to 27 a special sentence under Code section 903B.1 for the rest of 28 the person’s life upon completion of the sentence for the 29 underlying criminal offense. A person who commits sexual 30 abuse in the third degree commits a class “C” felony and is 31 subject to a special sentence under Code section 903B.1 for 32 the rest of the person’s life upon completion of the sentence 33 for the underlying criminal offense. A person who commits any 34 sexual abuse offense must register as a sex offender under Code 35 -4- LSB 5241XS (7) 86 jm/rj 4/ 6

S.F. 2039 section 692A. 1 SEXUALLY MOTIVATED OR EXPLOITATION OFFENSES. The bill 2 creates new Code section 802.2C which allows an information 3 or indictment for the following felony and aggravated and 4 serious misdemeanor offenses and one simple misdemeanor offense 5 committed on or with either a child under 14 years of age or a 6 person under 18 years of age to be found within 25 years after 7 the person upon whom the offense is committed attains 18 years 8 of age: dissemination and exhibition of obscene material to 9 minors in violation of Code section 728.2, admitting minors to 10 premises where obscene material is exhibited in violation of 11 Code section 728.3, public indecent exposure in violation of 12 Code section 728.5(1)(f) or 728.5(2), sexual exploitation of a 13 minor in violation of Code section 728.12, commercial film and 14 photographic print processor reports of depictions of minors 15 engaged in prohibited sexual acts in violation of Code section 16 728.14 (simple misdemeanor), and the criminal offense now known 17 as using an electronic communication device to disseminate 18 obscene material to minors in violation of Code section 728.15. 19 Current law provides that an indictment or information for 20 the offenses listed in the bill be found within three years 21 after its commission. However, under current law for sexual 22 exploitation of a minor in violation of Code section 728.12, 23 an indictment or information may be found 10 years after the 24 person upon whom the offense is committed attains 18 years of 25 age, and for depictions of minors engaged in prohibited acts in 26 violation of Code section 728.14, an information may be found 27 one year after the commission of the offense. 28 A person who commits dissemination and exhibition of obscene 29 material to minors commits a serious misdemeanor and must 30 register as a sex offender. A person who commits admitting 31 minors to premises where obscene material is exhibited commits 32 a serious or aggravated misdemeanor and must register as a 33 sex offender. A person who commits public indecent exposure 34 commits a serious or aggravated misdemeanor. A person who 35 -5- LSB 5241XS (7) 86 jm/rj 5/ 6

S.F. 2039 commits sexual exploitation of a minor commits an aggravated 1 misdemeanor or a class “C” or class “D” felony depending on 2 the facts and circumstances of the case and must register 3 as a sex offender. A person who commits a felonious sexual 4 exploitation of a minor is also subject to a special sentence 5 under Code section 903B.1 for the rest of the person’s life or 6 a special Code section 903B.2 for 10 years upon completion of 7 the sentence for the underlying criminal offense. A person 8 who commits commercial film and photographic print processor 9 reports of depictions of minors engaged in prohibited sexual 10 acts commits a simple misdemeanor. A person who commits 11 the criminal offense now known under the bill as using an 12 electronic communication device to disseminate obscene material 13 to minors commits an aggravated misdemeanor or class “D” felony 14 and must register as a sex offender. 15 DNA PROFILE. The bill also provides that if the person 16 against whom the information or indictment is sought is 17 identified through the use of a DNA profile for an offense 18 described in the bill, an information or indictment shall be 19 found within 25 years after the victim attains 18 years of age, 20 or within three years from the date the person is identified by 21 the person’s DNA profile, whichever is later. 22 ELECTRONIC DISSEMINATION OF OBSCENE MATERIAL. The bill 23 also amends Code section 728.15 by striking references to 24 “telephone” and changing the name of the criminal offense 25 of “telephone dissemination of obscene material to minors” 26 to “using electronic communication device to disseminate 27 obscene material to minors”. The bill defines “electronic 28 communication device” to mean a telephone or a mobile telephone 29 or other electronic device used to move information from one 30 place to another. The criminal penalty for a violation of 31 Code section 728.15 remains an aggravated misdemeanor or class 32 “D” felony depending on the facts and circumstances of the 33 violation. 34 -6- LSB 5241XS (7) 86 jm/rj 6/ 6