House File 569 - Introduced HOUSE FILE 569 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 203) A BILL FOR An Act relating to the enticement and sexual exploitation of 1 minors and the dissemination of obscene material to minors 2 and the utilization of undercover law enforcement officers 3 or agents posing as minors, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2224HV (1) 90 as/rh

H.F. 569 Section 1. Section 710.10, subsections 1, 2, 3, and 4, Code 1 2023, are amended to read as follows: 2 1. A person commits a class “C” felony when, without 3 authority and with the intent to commit sexual abuse or sexual 4 exploitation upon a minor under the age of thirteen, the person 5 entices or attempts to entice a person reasonably believed 6 to be under the age of thirteen including a law enforcement 7 officer or agent posing as a minor under the age of thirteen . 8 2. A person commits a class “D” felony when, without 9 authority and with the intent to commit an illegal sex act upon 10 or sexual exploitation of a minor under the age of sixteen, 11 the person entices or attempts to entice a person reasonably 12 believed to be under the age of sixteen including a law 13 enforcement officer or agent posing as a minor under the age 14 of sixteen . 15 3. A person commits a class “D” felony when, without 16 authority and with the intent to commit an illegal act upon a 17 minor under the age of sixteen, the person entices a person 18 reasonably believed to be under the age of sixteen including a 19 law enforcement officer or agent posing as a minor under the 20 age of sixteen . 21 4. A person commits an aggravated misdemeanor when, without 22 authority and with the intent to commit an illegal act upon 23 a minor under the age of sixteen, the person attempts to 24 entice a person reasonably believed to be under the age of 25 sixteen including a law enforcement officer or agent posing as 26 a minor under the age of sixteen . A person convicted under 27 this subsection shall not be subject to the registration 28 requirements under chapter 692A unless the finder of fact 29 determines that the illegal act was sexually motivated. 30 Sec. 2. Section 728.12, subsection 1, Code 2023, is amended 31 to read as follows: 32 1. It shall be unlawful to employ, use, persuade, induce, 33 entice, coerce, solicit, knowingly permit, or otherwise cause 34 or attempt to cause a minor or a law enforcement officer or 35 -1- LSB 2224HV (1) 90 as/rh 1/ 3

H.F. 569 agent posing as a minor to engage in a prohibited sexual act 1 or in the simulation of a prohibited sexual act. A person 2 must know, or have reason to know, or intend that the act 3 or simulated act may be photographed, filmed, or otherwise 4 preserved in a visual depiction. A person who commits a 5 violation of this subsection commits a class “C” felony. 6 Notwithstanding section 902.9 , the court may assess a fine of 7 not more than fifty thousand dollars for each offense under 8 this subsection in addition to imposing any other authorized 9 sentence. 10 Sec. 3. Section 728.15, subsection 1, paragraph b, Code 11 2023, is amended to read as follows: 12 b. A person shall not knowingly disseminate obscene material 13 by the use of telephones or telephone facilities to a minor or 14 a law enforcement officer or agent posing as a minor . 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 enticement and sexual exploitation 19 of minors and the dissemination of obscene material to minors 20 and the utilization of undercover law enforcement officers or 21 agents posing as minors. 22 The bill provides that a person commits a class “C” felony 23 when, without authority and with the intent to commit sexual 24 abuse or sexual exploitation upon a minor under the age of 13, 25 the person entices or attempts to entice a person reasonably 26 believed to be under the age of 13 including a law enforcement 27 officer or agent posing as a minor under the age of 13. A 28 person commits a class “D” felony when, without authority and 29 with the intent to commit an illegal sex act upon or sexual 30 exploitation of a minor under the age of 16, the person entices 31 or attempts to entice a person reasonably believed to be under 32 the age of 16 including a law enforcement officer or agent 33 posing as a minor under the age of 16. A person commits a 34 class “D” felony when, without authority and with the intent 35 -2- LSB 2224HV (1) 90 as/rh 2/ 3

H.F. 569 to commit an illegal act upon a minor under the age of 16, the 1 person entices a person reasonably believed to be under the age 2 of 16 including a law enforcement officer or agent posing as 3 a minor under the age of 16. A person commits an aggravated 4 misdemeanor when, without authority and with the intent to 5 commit an illegal act upon a minor under the age of 16, the 6 person attempts to entice a person reasonably believed to be 7 under the age of 16 including a law enforcement officer or 8 agent posing as a minor under the age of 16. 9 The bill provides that it is unlawful to employ, use, 10 persuade, induce, entice, coerce, solicit, knowingly permit, 11 or otherwise cause or attempt to cause a minor under the age 12 of 18 or a law enforcement officer or agent posing as a minor 13 under the age of 18 to engage in a prohibited sexual act or in 14 the simulation of a prohibited sexual act. A violation of this 15 provision is a class “C” felony. Notwithstanding Code section 16 902.9 (maximum sentence for felons), the court may assess a 17 fine of not more than $50,000 for each offense in addition to 18 imposing any other authorized sentence. 19 The bill provides that a person shall not knowingly 20 disseminate obscene material by the use of telephones or 21 telephone facilities to a minor under the age of 18 or a law 22 enforcement officer or agent posing as a minor under the age 23 of 18. A first violation of this provision is an aggravated 24 misdemeanor, and any subsequent violation is a class “D” 25 felony. 26 -3- LSB 2224HV (1) 90 as/rh 3/ 3