HF 569 (LSB 2224HV (1) 90)

HOUSE FILE 569

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 203)

A BILL FOR

An Act relating to the enticement and sexual exploitation of minors and the dissemination of obscene material to minors and the utilization of undercover law enforcement officers or agents posing as minors, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 710.10, subsections 1, 2, 3, and 4, Code 2023, are amended to read as follows:
   1.  A person commits a class “C” felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed to be under the age of thirteen including a law enforcement officer or agent posing as a minor under the age of thirteen.
   2.  A person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
   3.  A person commits a class “D” felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
   4.  A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen. A person convicted under this subsection shall not be subject to the registration requirements under chapter 692A unless the finder of fact determines that the illegal act was sexually motivated.
    Sec. 2.  Section 728.12, subsection 1, Code 2023, is amended to read as follows:
   1.  It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor or a law enforcement officer or agent posing as a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. A person must know, or have reason to know, or intend that the act or simulated act may be photographed, filmed, or otherwise preserved in a visual depiction. A person who commits a violation of this subsection commits a class “C” felony. Notwithstanding section 902.9, the court may assess a fine of not more than fifty thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence.
    Sec. 3.  Section 728.15, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor or a law enforcement officer or agent posing as a minor.
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 the enticement and sexual exploitation of minors and the dissemination of obscene material to minors and the utilization of undercover law enforcement officers or agents posing as minors. 
   The bill provides that a person commits a class “C” felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of 13, the person entices or attempts to entice a person reasonably believed to be under the age of 13 including a law enforcement officer or agent posing as a minor under the age of 13. A person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of 16, the person entices or attempts to entice a person reasonably believed to be under the age of 16 including a law enforcement officer or agent posing as a minor under the age of 16. A person commits a class “D” felony when, without authority and with the intent to commit an illegal act upon a minor under the age of 16, the person entices a person reasonably believed to be under the age of 16 including a law enforcement officer or agent posing as a minor under the age of 16. A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of 16, the person attempts to entice a person reasonably believed to be under the age of 16 including a law enforcement officer or agent posing as a minor under the age of 16. 
   The bill provides that it is unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor under the age of 18 or a law enforcement officer or agent posing as a minor under the age of 18 to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. A violation of this provision is a class “C” felony. Notwithstanding Code section 902.9 (maximum sentence for felons), the court may assess a fine of not more than $50,000 for each offense in addition to imposing any other authorized sentence. 
   The bill provides that a person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor under the age of 18 or a law enforcement officer or agent posing as a minor under the age of 18. A first violation of this provision is an aggravated misdemeanor, and any subsequent violation is a class “D” felony.