H.F. 225 Section 1. NEW SECTION . 235G.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Disseminate” means the same as defined in section 728.1. 4 2. “Distributor” means a person who owns or operates an 5 internet site or internet-based application. 6 3. “Minor” means a person under the age of eighteen. 7 4. “Obscene material” means the same as defined in section 8 728.1. 9 5. “Personal identification information” means an unexpired 10 student identification card, a valid social security card, 11 an unexpired driver’s license, an unexpired nonoperator’s 12 identification card, an unexpired passport, a certified copy 13 of a birth certificate, or other valid, unexpired proof of 14 identity. 15 Sec. 2. NEW SECTION . 235G.2 Restriction on minor access to 16 internet sites and internet-based applications. 17 A distributor shall not knowingly allow a minor to access the 18 distributor’s internet site or internet-based application if 19 the distributor’s internet site or internet-based application 20 contains obscene material. 21 Sec. 3. NEW SECTION . 235G.3 Civil remedy —— attorney fees. 22 1. A parent or legal guardian of a minor may institute a 23 civil action for damages in the amount of five hundred dollars 24 for each violation of section 235G.2. 25 2. A court shall award a prevailing party in an action under 26 this section court costs, reasonable attorney fees, and expert 27 witness fees. 28 Sec. 4. NEW SECTION . 235G.4 Affirmative defense. 29 1. It is an affirmative defense to any claim or action 30 under section 235G.3 that the distributor has done all of the 31 following: 32 a. Required a person accessing its internet site or 33 internet-based application to provide to the distributor 34 personal identification information verifying the person was 35 -1- LSB 1156YH (4) 89 as/rh 1/ 10

H.F. 225 age eighteen or older when the person accessed the internet 1 site or internet-based application. 2 b. Required the person receiving the obscene material to use 3 an authorized access or identification code, as provided by the 4 distributor, before dissemination of the obscene material. 5 c. Previously issued an authorized access or identification 6 code to the person after taking reasonable measures to 7 ascertain that the person was eighteen years of age or older. 8 d. Established a procedure to immediately cancel the 9 authorized access or identification code of a person after 10 receiving notice that the code has been lost, stolen, or used 11 by persons under the age of eighteen years or that the code is 12 no longer desired. 13 2. It shall not be an affirmative defense to any claim 14 or action under section 235G.3 that a minor accessed the 15 distributor’s internet site or internet-based application 16 from an accredited school, public library, community college, 17 college, or university. 18 Sec. 5. Section 272.2, subsection 14, paragraph b, 19 subparagraph (1), subparagraph division (g), Code 2021, is 20 amended to read as follows: 21 (g) Telephone dissemination of Use of an electronic 22 communication device to disseminate obscene material to minors 23 under section 728.15 . 24 Sec. 6. Section 692A.102, subsection 1, paragraph a, 25 subparagraph (10), subparagraph division (a), Code 2021, is 26 amended to read as follows: 27 (a) Dissemination or exhibition of obscene material to 28 minors in violation of section 728.2 or telephone dissemination 29 of using an electronic communication device to disseminate 30 obscene material to minors in violation of section 728.15 . 31 Sec. 7. Section 728.15, Code 2021, is amended to read as 32 follows: 33 728.15 Telephone dissemination of Use of an electronic 34 communication device to disseminate obscene material to minors. 35 -2- LSB 1156YH (4) 89 as/rh 2/ 10

H.F. 225 1. a. As used in this section , “person” excludes unless the 1 context otherwise requires: 2 a. “Electronic communication device” means a telephone or 3 a mobile telephone or other electronic device used to move 4 information from one place to another. 5 b. “Person” includes any information-access service provider 6 that merely provides transmission capacity without with control 7 over the content of the transmission. 8 b. 2. A person shall not knowingly disseminate obscene 9 material by the use of telephones or telephone facilities an 10 electronic communication device to a minor. 11 2. 3. It shall be a defense in any prosecution for a 12 violation of subsection 1 2 by a person accused of knowingly 13 disseminating obscene material by the use of telephones an 14 electronic communication device or telephone facilities to a 15 minor that the person accused has taken either of the following 16 measures to restrict access to the obscene material: 17 a. The person accused has done all of the following: 18 (1) Required the person receiving the obscene material to 19 use an authorized access or identification code, as provided by 20 the information provider, before transmission of the obscene 21 material begins. 22 (2) Previously issued the code by mailing it to the 23 applicant after taking reasonable measures to ascertain that 24 the applicant was eighteen years of age or older. 25 (3) Established a procedure to immediately cancel the 26 code of any person after receiving notice, in writing or by 27 telephone electronic communication device , that the code has 28 been lost, stolen, or used by persons under the age of eighteen 29 years or that the code is no longer desired. 30 b. The person accused has required payment by credit card 31 before transmission of the obscene material. 32 3. 4. Any list of applicants or recipients compiled or 33 maintained by an information-access service provider for 34 purposes of compliance with subsection 2 3 is confidential and 35 -3- LSB 1156YH (4) 89 as/rh 3/ 10

H.F. 225 shall not be sold or otherwise disseminated except upon order 1 of the court. 2 4. 5. a. A violation of subsection 1 2 is an aggravated 3 misdemeanor. 4 b. A violation of subsection 1 2 by a person who has been 5 previously convicted of a violation of subsection 1 2 is a 6 class “D” felony. 7 Sec. 8. Section 802.2, subsection 1, Code 2021, is amended 8 to read as follows: 9 1. An information or indictment for sexual abuse in the 10 first, second, or third degree committed on or with a person 11 who is under the age of eighteen years shall be found within 12 fifteen thirty years after the person upon whom the offense 13 is committed attains eighteen years of age, or if the person 14 against whom the information or indictment is sought is 15 identified through the use of a DNA profile, an information or 16 indictment shall be found within three years from the date the 17 person is identified by the person’s DNA profile, whichever is 18 later. 19 Sec. 9. Section 802.2B, subsection 6, Code 2021, is amended 20 by striking the subsection. 21 Sec. 10. NEW SECTION . 802.2E Sexually motivated offenses 22 —— minors. 23 An information or indictment for a violation of section 24 728.2 or 728.3, 728.5, subsection 1, paragraph “f” , 728.5, 25 subsection 2, or section 728.12, 728.14, or 728.15 committed on 26 or with a person who is under the age of eighteen years shall 27 be found within thirty years after the person upon whom the 28 offense is committed attains eighteen years of age, or if the 29 person against whom the information or indictment is sought is 30 identified through the use of a DNA profile, an information or 31 indictment shall be found within three years from the date the 32 person is identified by the person’s DNA profile, whichever is 33 later. 34 Sec. 11. Section 802.3, Code 2021, is amended to read as 35 -4- LSB 1156YH (4) 89 as/rh 4/ 10

H.F. 225 follows: 1 802.3 Felony —— aggravated or serious misdemeanor. 2 In all cases, except those enumerated in section 802.1 , 3 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E, or 802.10 , 4 an indictment or information for a felony or aggravated or 5 serious misdemeanor shall be found within three years after its 6 commission. 7 Sec. 12. Section 802.4, Code 2021, is amended to read as 8 follows: 9 802.4 Simple misdemeanor —— ordinance. 10 A In all cases except for any case enumerated in section 11 802.2E, a prosecution for a simple misdemeanor or violation 12 of a municipal or county rule or ordinance shall be commenced 13 within one year after its commission. 14 Sec. 13. Section 802.10, subsection 3, Code 2021, is amended 15 to read as follows: 16 3. However, notwithstanding subsection 2 , an indictment 17 or information shall be found against a person within three 18 years from the date the person is identified by the person’s 19 DNA profile. If the action involves sexual abuse, another 20 sexual offense, kidnapping, or human trafficking, the 21 indictment or information shall be found as provided in section 22 802.2 , 802.2B , 802.2C , or 802.2D , or 802.2E if the person is 23 identified by the person’s DNA profile. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to a minor’s ability to access obscene 28 material on a distributor’s internet site or internet-based 29 application, limitations of criminal actions (statute of 30 limitations) in sexually motivated or exploitation offenses 31 that involve a minor, and the dissemination of obscene 32 materials to minors. 33 MINOR ACCESS TO OBSCENE MATERIAL ON INTERNET. The 34 bill provides that if a distributor’s internet site or 35 -5- LSB 1156YH (4) 89 as/rh 5/ 10

H.F. 225 internet-based application contains obscene material, the 1 distributor shall not knowingly allow a minor to access the 2 internet site or internet-based application. A parent or legal 3 guardian of a minor may institute a civil action for damages 4 under this provision. The bill provides that the damages for a 5 violation of this provision shall be $500 for each violation, 6 and the prevailing party in the action shall recover court 7 costs and reasonable attorney fees. 8 The bill also provides an affirmative defense to any claim 9 or action under the bill that a distributor required a person 10 accessing its internet site or internet-based application 11 to provide to the distributor personal identification 12 information verifying the person was 18 years of age or older 13 when the person accessed the internet site or internet-based 14 application; required the person receiving the obscene 15 material to use an authorized access or identification code, 16 as provided by the distributor, before dissemination of the 17 obscene material; previously issued an authorized access or 18 identification code to the person after taking reasonable 19 measures to ascertain that the person was 18 years of age 20 or older; and established a procedure to immediately cancel 21 the authorized access or identification code of any person 22 after receiving notice that the code has been lost, stolen, 23 or used by persons under the age of 18 years or that the code 24 is no longer desired. The bill provides that it shall not 25 be an affirmative defense to any claim or action under the 26 bill that a minor accessed the distributor’s internet site or 27 internet-based application from an accredited school, public 28 library, community college, college, or university. 29 The bill provides definitions as follows: “disseminate” 30 means to transfer possession, with or without consideration; 31 “distributor” means a person who owns or operates an internet 32 site or internet-based application; “minor” means a person 33 under the age of 18; “obscene material” means any material 34 depicting or describing the genitals, sex acts, masturbation, 35 -6- LSB 1156YH (4) 89 as/rh 6/ 10

H.F. 225 excretory functions, or sadomasochistic abuse which the 1 average person, taking the material as a whole and applying 2 contemporary community standards with respect to what is 3 suitable material for minors, would find appeals to the 4 prurient interest and is patently offensive, and the material, 5 taken as a whole, lacks serious literary, scientific, political 6 or artistic value; and “personal identification information” 7 means an unexpired student identification card, a valid social 8 security card, an unexpired driver’s license, an unexpired 9 nonoperator’s identification card, an unexpired passport, 10 a certified copy of a birth certificate, or other valid, 11 unexpired proof of identity. 12 SEXUAL ABUSE. The bill amends Code section 802.2 by allowing 13 an indictment or information for sexual abuse in the first, 14 second, or third degree committed on or with a person under 18 15 years of age to be found within 30 years after the person upon 16 whom the offense is committed attains 18 years of age. Current 17 law provides that an indictment or information for sexual abuse 18 in the first, second, or third degree committed on or with a 19 person under 18 years of age shall be found within 15 years 20 after the person upon whom the offense is committed attains 18 21 years of age. 22 A person who commits sexual abuse in the first degree 23 commits a class “A” felony and is subject to a special sentence 24 under Code section 903B.1 for the rest of the person’s life 25 if the person ever completes the sentence for the underlying 26 criminal offense. A person who commits sexual abuse in the 27 second degree commits a class “B” felony and is subject to 28 a special sentence under Code section 903B.1 for the rest of 29 the person’s life upon completion of the sentence for the 30 underlying criminal offense. A person who commits sexual 31 abuse in the third degree commits a class “C” felony and is 32 subject to a special sentence under Code section 903B.1 for 33 the rest of the person’s life upon completion of the sentence 34 for the underlying criminal offense. A person who commits any 35 -7- LSB 1156YH (4) 89 as/rh 7/ 10

H.F. 225 sexual abuse offense must register as a sex offender under Code 1 section 692A. 2 SEXUALLY MOTIVATED OR EXPLOITATION OFFENSES. The bill 3 creates new Code section 802.2E which allows an information 4 or indictment for the following felony and aggravated and 5 serious misdemeanor offenses and one simple misdemeanor offense 6 committed on or with either a child under 14 years of age or a 7 person under 18 years of age to be found within 30 years after 8 the person upon whom the offense is committed attains 18 years 9 of age: dissemination and exhibition of obscene material to 10 minors in violation of Code section 728.2, admitting minors 11 to premises where obscene material is exhibited in violation 12 of Code section 728.3, public indecent exposure in violation 13 of Code section 728.5(1)(f) or 728.5(2), sexual exploitation 14 of a minor in violation of Code section 728.12, commercial 15 film and photographic print processor reports of depictions 16 of minors engaged in prohibited sexual acts in violation of 17 Code section 728.14 (simple misdemeanor), and the criminal 18 offense as amended in the bill relating to using an electronic 19 communication device to disseminate obscene material to minors 20 in violation of Code section 728.15. 21 Current law provides that an indictment or information for 22 the offenses listed in the bill be found within three years 23 after its commission. However, under current law for sexual 24 exploitation of a minor in violation of Code section 728.12, 25 an indictment or information may be found 10 years after the 26 person upon whom the offense is committed attains 18 years of 27 age, and for depictions of minors engaged in prohibited acts in 28 violation of Code section 728.14, an information may be found 29 one year after the commission of the offense. 30 A person who commits dissemination and exhibition of obscene 31 material to minors commits a serious misdemeanor and must 32 register as a sex offender. A person who commits admitting 33 minors to premises where obscene material is exhibited commits 34 a serious or aggravated misdemeanor and must register as a 35 -8- LSB 1156YH (4) 89 as/rh 8/ 10

H.F. 225 sex offender. A person who commits public indecent exposure 1 commits a serious or aggravated misdemeanor. A person who 2 commits sexual exploitation of a minor commits an aggravated 3 misdemeanor or a class “C” or class “D” felony depending on 4 the facts and circumstances of the case and must register 5 as a sex offender. A person who commits a felonious sexual 6 exploitation of a minor is also subject to a special sentence 7 under Code section 903B.1 for the rest of the person’s life or 8 a special Code section 903B.2 for 10 years upon completion of 9 the sentence for the underlying criminal offense. A person 10 who commits commercial film and photographic print processor 11 reports of depictions of minors engaged in prohibited sexual 12 acts commits a simple misdemeanor. A person who commits 13 the criminal offense now known under the bill as using an 14 electronic communication device to disseminate obscene material 15 to minors commits an aggravated misdemeanor or class “D” felony 16 and must register as a sex offender. 17 DNA PROFILE. The bill also provides that if the person 18 against whom the information or indictment is sought is 19 identified through the use of a DNA profile for an offense 20 described in the bill, an information or indictment shall be 21 found within 25 years after the victim attains 18 years of age, 22 or within three years from the date the person is identified by 23 the person’s DNA profile, whichever is later. 24 ELECTRONIC DISSEMINATION OF OBSCENE MATERIAL. The bill 25 also amends Code section 728.15 by striking references to 26 “telephone” and changing the name of the criminal offense 27 from “telephone dissemination of obscene material to minors” 28 to “use of an electronic communication device to disseminate 29 obscene material to minors”. The bill defines “electronic 30 communication device” to mean a telephone or a mobile telephone 31 or other electronic device used to move information from one 32 place to another. The criminal penalty for a violation of 33 Code section 728.15 remains an aggravated misdemeanor or class 34 “D” felony depending on the facts and circumstances of the 35 -9- LSB 1156YH (4) 89 as/rh 9/ 10