House
File
2048
-
Introduced
HOUSE
FILE
2048
BY
HAYES
A
BILL
FOR
An
Act
relating
to
harassment
by
the
dissemination,
publishing,
1
distribution,
or
posting
of
a
visual
depiction
showing
2
another
person
in
a
state
of
full
or
partial
nudity
or
3
engaged
in
a
sex
act
that
has
been
altered
to
falsely
depict
4
another
person,
and
making
penalties
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
708.7,
subsection
1,
paragraph
a,
1
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
2
(5)
Disseminates,
publishes,
distributes,
posts,
or
3
causes
to
be
disseminated,
published,
distributed,
or
posted
a
4
photograph
or
film
visual
depiction
as
defined
in
section
728.1
5
showing
another
person
in
a
state
of
full
or
partial
nudity
or
6
engaged
in
a
sex
act,
knowing
that
the
other
person
has
not
7
consented
to
the
dissemination,
publication,
distribution,
8
or
posting.
For
purposes
of
this
section,
“another
person”
9
includes
an
individual,
recognizable
by
the
person’s
face,
10
likeness,
or
other
distinguishing
features,
whose
image
is
used
11
to
create,
adapt,
or
modify
a
visual
depiction
to
depict
that
12
other
person
in
a
manner
as
described
in
this
subparagraph.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
harassment
by
the
dissemination,
17
publishing,
distribution,
or
posting
of
a
visual
depiction
18
showing
another
person
in
a
state
of
full
or
partial
nudity
or
19
engaged
in
a
sex
act
that
has
been
altered
to
falsely
depict
20
another
person.
21
Current
law
provides
that
a
person
commits
harassment
when,
22
with
intent
to
intimidate,
annoy,
or
alarm
another
person,
23
the
person
disseminates,
publishes,
distributes,
posts,
or
24
causes
to
be
disseminated,
published,
distributed,
or
posted
a
25
photograph
or
film
showing
another
person
in
a
state
of
full
or
26
partial
nudity
or
engaged
in
a
sex
act,
knowing
that
the
other
27
person
has
not
consented
to
the
dissemination,
publication,
28
distribution,
or
posting.
29
The
bill
provides
that
“another
person”
includes
an
30
individual,
recognizable
by
the
person’s
face,
likeness,
or
31
other
distinguishing
features,
whose
image
is
used
to
create,
32
adapt,
or
modify
a
visual
depiction
to
depict
that
other
person
33
as
being
in
a
state
of
full
or
partial
nudity
or
engaged
in
a
34
sex
act.
35
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“Visual
depiction”
is
defined
in
Code
chapter
728
1
(obscenity)
to
include
any
picture,
slide,
photograph,
2
digital
or
electronic
image,
negative
image,
undeveloped
film,
3
motion
picture,
videotape,
digital
or
electronic
recording,
4
live
transmission,
or
other
pictorial
or
three-dimensional
5
representation.
6
A
violation
of
Code
section
708.7(1)(a)(5)
is
harassment
7
in
the
first
degree
and
is
an
aggravated
misdemeanor.
An
8
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
9
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
10
$8,540.
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