HF 2240 (LSB 5066HV (1) 90)

HOUSE FILE 2240

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2048)

A BILL FOR

An Act relating to harassment by the dissemination, publishing, distribution, or posting of a visual depiction showing another person in a state of full or partial nudity or engaged in a sex act that has been altered to falsely depict another person, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.7, subsection 1, paragraph a, subparagraph (5), Code 2024, is amended to read as follows:
   (5)  Disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film visual depiction as defined in section 728.1 showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.  For purposes of this section, “another person” includes an individual, recognizable by the person’s face, likeness, or other distinguishing features, whose image is used to create, adapt, or modify a visual depiction to depict that other person in a manner as described in this subparagraph.
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 harassment by the dissemination, publishing, distribution, or posting of a visual depiction showing another person in a state of full or partial nudity or engaged in a sex act that has been altered to falsely depict another person.
   Current law provides that a person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.
   The bill provides that “another person” includes an individual, recognizable by the person’s face, likeness, or other distinguishing features, whose image is used to create, adapt, or modify a visual depiction to depict that other person as being in a state of full or partial nudity or engaged in a sex act.
   “Visual depiction” is defined in Code chapter 728 (obscenity) to include any picture, slide, photograph, digital or electronic image, negative image, undeveloped film, motion picture, videotape, digital or electronic recording, live transmission, or other pictorial or three-dimensional representation.
   A violation of Code section 708.7(1)(a)(5) is harassment in the first degree and is an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.