House File 2241 - Introduced HOUSE FILE 2241 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2049) A BILL FOR An Act relating to sexual exploitation of a minor by the 1 creation, adaptation, or modification of a visual depiction 2 to give the appearance that an identifiable minor is engaged 3 in a prohibited sexual act or the simulation of a prohibited 4 sexual act, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5064HV (1) 90 as/js

H.F. 2241 Section 1. Section 728.12, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. a. It shall be unlawful to knowingly purchase or possess 3 a visual depiction of a minor engaging in a prohibited sexual 4 act or the simulation of a prohibited sexual act. 5 b. A visual depiction containing pictorial representations 6 of different minors shall be prosecuted and punished as 7 separate offenses for each pictorial representation of a 8 different minor in the visual depiction. However, violations 9 of this subsection involving multiple visual depictions of the 10 same minor shall be prosecuted and punished as one offense. 11 c. A person who commits a violation of this subsection 12 commits a class “D” felony for a first offense and a class “C” 13 felony for a second or subsequent offense. 14 d. For purposes of this subsection , an offense is considered 15 a second or subsequent offense if, prior to the person’s having 16 been convicted under this subsection , the person has a prior 17 conviction or deferred judgment under this subsection or has a 18 prior conviction or deferred judgment in another jurisdiction 19 for a substantially similar offense. The court shall 20 judicially notice the statutes of other states that define 21 offenses substantially similar to the offenses defined in this 22 subsection and that therefore can be considered corresponding 23 statutes. 24 e. Nothing in this subsection shall be construed to require 25 proof of the actual identity of the identifiable minor. 26 f. For purposes of this subsection, “visual depiction 27 of a minor” includes any visual depiction that has been 28 created, adapted, or modified to give the appearance that an 29 identifiable minor is engaged in a prohibited sexual act or the 30 simulation of a prohibited sexual act. An “identifiable minor” 31 is a person who was a minor at the time the visual depiction was 32 created, adapted, or modified, or whose image as a minor was 33 used in creating, adapting, or modifying the visual depiction 34 and is recognizable as an actual person by the person’s face, 35 -1- LSB 5064HV (1) 90 as/js 1/ 3

H.F. 2241 likeness, or other distinguishing features. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to sexual exploitation of a minor by the 5 knowing use of a visual depiction of a minor to create, adapt, 6 or modify a photograph or film with the intent to falsely 7 depict the minor engaging in a prohibited sexual act or the 8 simulation of a prohibited sexual act. 9 Current law provides that it is unlawful to knowingly 10 purchase or possess a visual depiction of a minor engaging in a 11 prohibited sexual act or the simulation of a prohibited sexual 12 act. 13 The bill does not require proof of the actual identity of the 14 identifiable minor. 15 The bill provides that “visual depiction of a minor” 16 includes any visual depiction that has been created, adapted, 17 or modified to give the appearance that an identifiable minor 18 is engaged in a prohibited sexual act or the simulation of a 19 prohibited sexual act. An “identifiable minor” is a person 20 who was a minor at the time the visual depiction was created, 21 adapted, or modified, or whose image as a minor was used in 22 creating, adapting, or modifying the visual depiction and 23 is recognizable as an actual person by the person’s face, 24 likeness, or other distinguishing features. “Visual depiction” 25 is defined in Code chapter 728 (obscenity) to include any 26 picture, slide, photograph, digital or electronic image, 27 negative image, undeveloped film, motion picture, videotape, 28 digital or electronic recording, live transmission, or other 29 pictorial or three-dimensional representation. 30 A violation of Code section 728.12(3) is a class “D” felony 31 for a first offense and a class “C” felony for a second or 32 subsequent offense. A class “D” felony is punishable by 33 confinement for no more than five years and a fine of at least 34 $1,025 but not more than $10,245. A class “C” felony is 35 -2- LSB 5064HV (1) 90 as/js 2/ 3