SF 2226 (LSB 5241SV (1) 86)

SENATE FILE 2226

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2039)

A BILL FOR

An Act relating to the limitations of criminal actions in sexually motivated or exploitation offenses that involve a minor, modifying the criminal offense for disseminating obscene materials to minors, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 272.2, subsection 14, paragraph b, subparagraph (1), subparagraph division (g), Code 2016, is amended to read as follows:
   (g)  Telephone Using electronic communication device dissemination of obscene material to minors under section 728.15.
    Sec. 2.  Section 692A.102, subsection 1, paragraph a, subparagraph (10), subparagraph division (a), Code 2016, is amended to read as follows:
   (a)  Dissemination or exhibition of obscene material to minors in violation of section 728.2 or telephone dissemination of using electronic communication device to disseminate obscene material to minors in violation of section 728.15.
    Sec. 3.  Section 728.15, Code 2016, is amended to read as follows:
   728.15  Telephone dissemination of Using electronic communication device to disseminate obscene material to minors.
   1.  a.  As used in this section, “person” unless the context otherwise requires: 
   a.  “Electronic communication device” means a telephone or a mobile telephone or other electronic device used to move information from one place to another.
   b.  “Person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmission.
   b.  2.  A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities an electronic communication device to a minor.
   2.  3.  It shall be a defense in any prosecution for a violation of subsection 1 2 by a person accused of knowingly disseminating obscene material by the use of telephones an electronic communication device or telephone facilities to a minor that the person accused has taken either of the following measures to restrict access to the obscene material:
   a.  The person accused has done all of the following:
   (1)  Required the person receiving the obscene material to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene material begins.
   (2)  Previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was eighteen years of age or older.
   (3)  Established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone electronic communication device, that the code has been lost, stolen, or used by persons under the age of eighteen years or that the code is no longer desired.
   b.  The person accused has required payment by credit card before transmission of the obscene material.
   3.  4.  Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with subsection 2 3 is confidential and shall not be sold or otherwise disseminated except upon order of the court.
   4.  5.  a.  A violation of subsection 1 2 is an aggravated misdemeanor.
   b.  A violation of subsection 1 2 by a person who has been previously convicted of a violation of subsection 1 2 is a class “D” felony.
    Sec. 4.  Section 802.2, subsection 1, Code 2016, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten twenty-five years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
    Sec. 5.  Section 802.2B, subsection 6, Code 2016, is amended by striking the subsection.
    Sec. 6.  NEW SECTION.  802.2C  Sexually motivated offenses —— minors.
   An information or indictment for a violation of section 728.2 or 728.3, 728.5, subsection 1, paragraph “f”, 728.5, subsection 2, or section 728.12, 728.14, or 728.15 committed on or with a person who is under the age of eighteen years shall be found within twenty-five years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
    Sec. 7.  Section 802.3, Code 2016, is amended to read as follows:
   802.3  Felony —— aggravated or serious misdemeanor.
   In all cases, except those enumerated in section 802.1, 802.2, 802.2A, 802.2B, 802.2C, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
    Sec. 8.  Section 802.4, Code 2016, is amended to read as follows:
   802.4  Simple misdemeanor —— ordinance.
   A In all cases except for any case enumerated in section 802.2C, a prosecution for a simple misdemeanor or violation of a municipal or county rule or ordinance shall be commenced within one year after its commission.
    Sec. 9.  Section 802.10, subsection 3, Code 2016, is amended to read as follows:
   3.  However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse or another sexual offense, the indictment or information shall be found as provided in section 802.2, or 802.2B, or 802.2C, if the person is identified by the person’s DNA profile.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the limitations of criminal actions (statute of limitations) in sexually motivated or exploitation offenses that involve a minor and modifies the criminal offense for disseminating obscene materials to minors.
   SEXUAL ABUSE. The bill amends Code section 802.2 by allowing an indictment or information for sexual abuse in the first, second, or third degree committed on or with a person under 18 years of age to be found within 25 years after the person upon whom the offense is committed attains 18 years of age.
   Current law provides that an indictment or information for sexual abuse in the first, second, or third degree committed on or with a person under 18 years of age shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age.
   A person who commits sexual abuse in the first degree commits a class “A” felony and is subject to a special sentence under Code section 903B.1 for the rest of the person’s life if the person ever completes the sentence for the underlying criminal offense. A person who commits sexual abuse in the second degree commits a class “B” felony and is subject to a special sentence under Code section 903B.1 for the rest of the person’s life upon completion of the sentence for the underlying criminal offense. A person who commits sexual abuse in the third degree commits a class “C” felony and is subject to a special sentence under Code section 903B.1 for the rest of the person’s life upon completion of the sentence for the underlying criminal offense. A person who commits any sexual abuse offense must register as a sex offender under Code section 692A.
   SEXUALLY MOTIVATED OR EXPLOITATION OFFENSES. The bill creates new Code section 802.2C which allows an information or indictment for the following felony and aggravated and serious misdemeanor offenses and one simple misdemeanor offense committed on or with either a child under 14 years of age or a person under 18 years of age to be found within 25 years after the person upon whom the offense is committed attains 18 years of age: dissemination and exhibition of obscene material to minors in violation of Code section 728.2, admitting minors to premises where obscene material is exhibited in violation of Code section 728.3, public indecent exposure in violation of Code section 728.5(1)(f) or 728.5(2), sexual exploitation of a minor in violation of Code section 728.12, commercial film and photographic print processor reports of depictions of minors engaged in prohibited sexual acts in violation of Code section 728.14 (simple misdemeanor), and the criminal offense now known as using an electronic communication device to disseminate obscene material to minors in violation of Code section 728.15.
   Current law provides that an indictment or information for the offenses listed in the bill be found within three years after its commission. However, under current law for sexual exploitation of a minor in violation of Code section 728.12, an indictment or information may be found 10 years after the person upon whom the offense is committed attains 18 years of age, and for depictions of minors engaged in prohibited acts in violation of Code section 728.14, an information may be found one year after the commission of the offense.
   A person who commits dissemination and exhibition of obscene material to minors commits a serious misdemeanor and must register as a sex offender. A person who commits admitting minors to premises where obscene material is exhibited commits a serious or aggravated misdemeanor and must register as a sex offender. A person who commits public indecent exposure commits a serious or aggravated misdemeanor. A person who commits sexual exploitation of a minor commits an aggravated misdemeanor or a class “C” or class “D” felony depending on the facts and circumstances of the case and must register as a sex offender. A person who commits a felonious sexual exploitation of a minor is also subject to a special sentence under Code section 903B.1 for the rest of the person’s life or a special Code section 903B.2 for 10 years upon completion of the sentence for the underlying criminal offense. A person who commits commercial film and photographic print processor reports of depictions of minors engaged in prohibited sexual acts commits a simple misdemeanor. A person who commits the criminal offense now known under the bill as using an electronic communication device to disseminate obscene material to minors commits an aggravated misdemeanor or class “D” felony and must register as a sex offender. 
   DNA PROFILE. The bill also provides that if the person against whom the information or indictment is sought is identified through the use of a DNA profile for an offense described in the bill, an information or indictment shall be found within 25 years after the victim attains 18 years of age, or within three years from the date the person is identified by the person’s DNA profile, whichever is later.
   ELECTRONIC DISSEMINATION OF OBSCENE MATERIAL. The bill also amends Code section 728.15 by striking references to “telephone” and changing the name of the criminal offense of “telephone dissemination of obscene material to minors” to “using electronic communication device to disseminate obscene material to minors”. The bill defines “electronic communication device” to mean a telephone or a mobile telephone or other electronic device used to move information from one place to another. The criminal penalty for a violation of Code section 728.15 remains an aggravated misdemeanor or class “D” felony depending on the facts and circumstances of the violation.