H.F. 526 Section 1. Section 232.8, subsection 1, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. The juvenile court shall have exclusive 3 jurisdiction in a proceeding concerning a child under the age 4 of eighteen alleged to have committed the offense of invasion 5 of privacy in violation of section 709.21, subsection 2 or 3. 6 Sec. 2. Section 692A.102, subsection 1, paragraph b, 7 subparagraph (7), Code 2017, is amended to read as follows: 8 (7) Invasion of privacy —— nudity in violation of section 9 709.21 , subsection 4 . 10 Sec. 3. Section 709.21, Code 2017, is amended by striking 11 the section and inserting in lieu thereof the following: 12 709.21 Invasion of privacy. 13 1. As used in this section: 14 a. “Full or partial nudity” means the showing of any part 15 of the human genitals or pubic area or buttocks, or any part 16 of the nipple of the breast of a female, with less than fully 17 opaque covering. 18 b. “Photographs or films” means the making of any 19 photograph, motion picture film, videotape, or any other 20 recording or transmission of the image of a person. 21 c. “Sex act” means the same as defined in section 702.17. 22 2. A person who, without the consent of another person, 23 knowingly disseminates, publishes, distributes, posts, or 24 causes to be disseminated, published, distributed, or posted a 25 photograph or film showing the other person in a state of full 26 or partial nudity or engaged in a sex act, commits invasion of 27 privacy. 28 3. A person who knowingly photographs or films another 29 person in a state of full or partial nudity or engaged in a 30 sex act, if the other person does not consent or is unable to 31 consent to creation of the photograph or film, commits invasion 32 of privacy. 33 4. A person who knowingly views, photographs, or films 34 another person, for the purpose of arousing or gratifying the 35 -1- LSB 1308HV (3) 87 jm/rh/rj 1/ 5

H.F. 526 sexual desire of any person, commits invasion of privacy if all 1 of the following apply: 2 a. The other person does not consent or is unable to consent 3 to being viewed, photographed, or filmed. 4 b. The other person is in a state of full or partial nudity. 5 c. The other person has a reasonable expectation of privacy 6 while in a state of full or partial nudity. 7 5. Subsections 2 and 3 do not apply to any of the following: 8 a. A photograph or film involving voluntary exposure by a 9 person in public or commercial settings. 10 b. Disclosures made in the public interest, including but 11 not limited to the reporting of unlawful conduct, disclosures 12 by law enforcement, news reporting, legal proceeding 13 disclosures, or medical treatment disclosures. 14 c. Disclosures by an interactive computer service of 15 information provided by another information content provider, 16 as those terms are defined in 47 U.S.C. §230. 17 6. A person who violates this section commits an aggravated 18 misdemeanor. 19 7. A person who violates subsection 2 or 3 shall not be 20 sentenced to serve a special sentence pursuant to section 21 903B.2. 22 Sec. 4. Section 903B.2, Code 2017, is amended to read as 23 follows: 24 903B.2 Special sentence —— class “D” felonies or 25 misdemeanors. 26 A Except as otherwise provided in section 709.21, subsection 27 7, a person convicted of a misdemeanor or a class “D” felony 28 offense under chapter 709 , section 726.2 , or section 728.12 29 shall also be sentenced, in addition to any other punishment 30 provided by law, to a special sentence committing the person 31 into the custody of the director of the Iowa department of 32 corrections for a period of ten years, with eligibility for 33 parole as provided in chapter 906 . The board of parole shall 34 determine whether the person should be released on parole 35 -2- LSB 1308HV (3) 87 jm/rh/rj 2/ 5

H.F. 526 or placed in a work release program. The special sentence 1 imposed under this section shall commence upon completion of 2 the sentence imposed under any applicable criminal sentencing 3 provisions for the underlying criminal offense and the person 4 shall begin the sentence under supervision as if on parole or 5 work release. The person shall be placed on the corrections 6 continuum in chapter 901B , and the terms and conditions of the 7 special sentence, including violations, shall be subject to 8 the same set of procedures set out in chapters 901B , 905 , 906 , 9 and 908 , and rules adopted under those chapters for persons on 10 parole or work release. The revocation of release shall not be 11 for a period greater than two years upon any first revocation, 12 and five years upon any second or subsequent revocation. A 13 special sentence shall be considered a category “A” sentence 14 for purposes of calculating earned time under section 903A.2 . 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the criminal offense of invasion of 19 privacy, provides penalties, and makes penalties applicable. 20 Current law provides that a person commits the crime of 21 invasion of privacy, an aggravated misdemeanor, if the person 22 knowingly views, photographs, or films another person, for 23 the purpose of arousing or gratifying the sexual desire of 24 any person, if all of the following apply: the other person 25 does not consent or is unable to consent to being viewed, 26 photographed, or filmed; the other person is in a state of 27 full or partial nudity; and the other person has a reasonable 28 expectation of privacy while in a state of full or partial 29 nudity. Under the bill, the current law creating the criminal 30 offense of invasion of privacy is moved to Code section 31 709.21(4), but strikes the requirement that the prosecution 32 prove the victim did not have knowledge about being viewed, 33 photographed, or filmed. 34 The bill creates two additional invasion of privacy criminal 35 -3- LSB 1308HV (3) 87 jm/rh/rj 3/ 5

H.F. 526 offenses in Code section 709.21(2) and (3). 1 The bill provides that if a juvenile commits invasion of 2 privacy in violation of either of the newly created offenses in 3 Code section 709.21(2) or (3), the juvenile court shall have 4 exclusive jurisdiction in a proceeding concerning the juvenile. 5 New Code section 709.21(2) provides that a person who, 6 without the consent of another person, knowingly disseminates, 7 publishes, distributes, posts, or causes to be disseminated, 8 published, distributed, or posted, a photograph or film showing 9 the other person in a state of full or partial nudity or 10 engaged in a sex act, commits an invasion of privacy. 11 New Code section 709.21(3) provides that a person who 12 knowingly photographs or films another person in a state of 13 full or partial nudity or engaged in a sex act, if the other 14 person did not or is unable to consent to the creation of the 15 photograph or film, commits invasion of privacy. 16 Current law and the bill define “full or partial nudity” to 17 mean the showing of any part of the human genitals or pubic 18 area or buttocks, or any part of the nipple of the breast of a 19 female, with less than fully opaque covering. 20 Current law and the bill define “photographs or films” 21 to mean the making of any photograph, motion picture film, 22 videotape, or any other recording or transmission of the image 23 of a person. 24 A “sex act” is defined in Code section 702.17. 25 New Code section 709.21(2) and (3) do not apply to the 26 following: a photograph or film involving voluntary exposure 27 in public or commercial settings; or to disclosures made in the 28 public interest, including but not limited to for the reporting 29 of unlawful conduct, disclosures by law enforcement, news 30 reporting, legal proceeding disclosures, or medical treatment 31 disclosures. 32 A person who violates the bill commits an aggravated 33 misdemeanor. An aggravated misdemeanor is punishable by 34 confinement for no more than two years and a fine of at least 35 -4- LSB 1308HV (3) 87 jm/rh/rj 4/ 5

H.F. 526 $625 but not more than $6,250. 1 Under current law and the bill, a person convicted of 2 invasion of privacy in violation of Code section 709.21(4) is 3 required to register as a sex offender under Code chapter 692A. 4 The bill provides that if a person commits invasion of privacy 5 in violation of the new Code section 709.21(2) or (3), the 6 person is not required to register as a sex offender. 7 A person who commits invasion of privacy in violation of Code 8 section 709.21(4)is also subject to a special 10-year sentence, 9 which may include parole, under Code section 903B.2. The bill 10 provides that a person convicted of a violation of Code section 11 709.21(2) or (3) shall not be sentenced to a 10-year special 12 sentence. 13 -5- LSB 1308HV (3) 87 jm/rh/rj 5/ 5