Senate File 2186 - Introduced SENATE FILE 2186 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 3004) A BILL FOR An Act relating to harassment and extortion involving a person 1 whose image was used in creating, adapting, or modifying a 2 photograph or film, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5533SV (2) 90 as/js

S.F. 2186 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 showing another person in a state of full or 5 partial nudity or engaged in a sex act, knowing that the other 6 person has not consented to the dissemination, publication, 7 distribution, or posting. For purposes of this subparagraph, 8 “another person” includes a person whose image was used in 9 creating, adapting, or modifying a photograph or film with 10 the intent to depict that other person who is recognizable 11 by the person’s face, likeness, or other distinguishing 12 characteristic. 13 Sec. 2. Section 708.7, Code 2024, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 7A. A person who commits a violation of 16 subsection 1, paragraph “a” , subparagraph (5), that results in 17 the victim of the violation committing suicide, in addition to 18 the penalties provided in subsection 2, may be charged with 19 involuntary manslaughter under section 707.5. 20 Sec. 3. Section 711.4, subsection 1, Code 2024, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . h. Threatens to disseminate, publish, 23 distribute, or post a photograph or film showing another 24 person in a state of full or partial nudity or engaged in a 25 sex act, knowing that the other person has not consented to 26 the dissemination, publication, distribution, or posting. For 27 purposes of this subsection, “another person” includes a person 28 whose image was used in creating, adapting, or modifying a 29 photograph or film with the intent to depict that other person 30 who is recognizable by the person’s face, likeness, or other 31 distinguishing characteristic. 32 Sec. 4. Section 711.4, Code 2024, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 5. A person who commits a violation of 35 -1- LSB 5533SV (2) 90 as/js 1/ 3

S.F. 2186 subsection 1, paragraph “h” , that results in the victim of the 1 violation committing suicide, in addition to the penalties 2 provided in subsection 2, may be charged with involuntary 3 manslaughter under section 707.5. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to harassment and extortion involving a 8 person whose image was used in creating, adapting, or modifying 9 a photograph or film. 10 Under current Code section 708.7(1)(a)(5), a person 11 commits harassment when, with intent to intimidate, annoy, 12 or alarm another person, the person disseminates, publishes, 13 distributes, posts, or causes to be disseminated, published, 14 distributed, or posted a photograph or film showing another 15 person in a state of full or partial nudity or engaged in a sex 16 act, knowing that the other person has not consented to the 17 dissemination, publication, distribution, or posting. 18 The bill provides that for purposes of the above provision, 19 “another person” includes a person whose image was used in 20 creating, adapting, or modifying a photograph or film with 21 the intent to depict that other person who is recognizable 22 by the person’s face, likeness, or other distinguishing 23 characteristic. 24 A violation of Code section 708.7(1)(a)(5) is an aggravated 25 misdemeanor. An aggravated misdemeanor is punishable by 26 confinement for no more than two years and a fine of at least 27 $855 but not more than $8,540. 28 The bill provides that, in addition to the above penalties, 29 a person who commits a violation of Code section 708.7(1)(a)(5) 30 that results in the victim of the violation committing suicide 31 may be charged with involuntary manslaughter. 32 The bill provides that a person commits extortion with the 33 purpose of obtaining for oneself or another anything of value, 34 tangible or intangible, including labor or services, if the 35 -2- LSB 5533SV (2) 90 as/js 2/ 3

S.F. 2186 person threatens to disseminate, publish, distribute, or post a 1 photograph or film showing another person in a state of full or 2 partial nudity or engaged in a sex act, knowing that the other 3 person has not consented to the dissemination, publication, 4 distribution, or posting. The bill provides that “another 5 person” includes a person whose image was used in creating, 6 adapting, or modifying a photograph or film with the intent to 7 depict that other person who is recognizable by the person’s 8 face, likeness, or other distinguishing characteristic. 9 Extortion is a class “D” felony. A class “D” felony is 10 punishable by confinement for no more than five years and a 11 fine of at least $1,025 but not more than $10,245. 12 The bill provides that a person who commits a violation 13 of Code section 711.4(5)(h) that results in the victim of 14 the violation committing suicide may also be charged with 15 involuntary manslaughter. 16 -3- LSB 5533SV (2) 90 as/js 3/ 3