Senate File 221 - Introduced SENATE FILE 221 BY WESTRICH , GUTH , ALONS , DAWSON , SHIPLEY , DE WITT , EVANS , LOFGREN , GRUENHAGEN , SALMON , EDLER , and ZAUN A BILL FOR An Act relating to sexual exploitation of a minor, and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1847XS (3) 90 as/rh

S.F. 221 Section 1. Section 728.12, subsection 3, Code 2023, is 1 amended to read as follows: 2 3. a. It shall be unlawful to knowingly purchase or possess 3 a visual depiction containing a pictorial representation of a 4 minor engaging in a prohibited sexual act or the simulation of 5 a prohibited sexual act. 6 b. A visual depiction containing pictorial representations 7 of different minors shall be prosecuted and punished as 8 separate offenses for each pictorial representation of a 9 different minor in the visual depiction. However, violations 10 of this subsection involving multiple visual depictions 11 c. A visual depiction containing pictorial representations 12 of the same minor shall be prosecuted and punished as one 13 offense separate offenses for each pictorial representation of 14 the same minor . 15 d. A person who commits a violation of this subsection 16 commits an aggravated misdemeanor for a first offense and a 17 class “D” felony for a second or subsequent offense. 18 e. For purposes of this subsection , an offense is considered 19 a second or subsequent offense if, prior to the person’s having 20 been convicted under this subsection , any of the following 21 apply: 22 a. (1) The person has a prior conviction or deferred 23 judgment under this subsection . 24 b. (2) The person has a prior conviction, deferred 25 judgment, or the equivalent of a deferred judgment in another 26 jurisdiction for an offense substantially similar to the 27 offense defined in this subsection . The court shall judicially 28 notice the statutes of other states that define offenses 29 substantially similar to the offense defined in this subsection 30 and that therefore can be considered corresponding statutes. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to sexual exploitation of a minor, and 35 -1- LSB 1847XS (3) 90 as/rh 1/ 2

S.F. 221 makes penalties applicable. 1 Current law provides that it is unlawful to knowingly 2 purchase or possess a visual depiction of a minor engaging in a 3 prohibited sexual act or the simulation of a prohibited sexual 4 act. A visual depiction containing pictorial representations 5 of different minors shall be prosecuted and punished as 6 separate offenses for each pictorial representation of a 7 different minor in the visual depiction. However, violations 8 involving multiple visual depictions containing pictorial 9 representations of the same minor shall be prosecuted and 10 punished as one offense. 11 The bill provides that a person who knowingly purchases 12 or possesses multiple visual depictions containing pictorial 13 representations of the same minor engaging in prohibited sexual 14 acts or the simulation of prohibited sexual acts shall be 15 prosecuted and punished as separate offenses. 16 A person who commits a violation of this subsection commits 17 an aggravated misdemeanor for a first offense and a class “D” 18 felony for a second or subsequent offense. An aggravated 19 misdemeanor is punishable by confinement for no more than two 20 years and a fine of at least $855 but not more than $8,540. A 21 class “D” felony is punishable by confinement for no more than 22 five years and a fine of at least $1,025 but not more than 23 $10,245. 24 A violation of Code section 728.12(3) is a tier II sex 25 offense and a person convicted of the offense is required to 26 register as a sex offender. A person convicted of the offense 27 is also subject to a 10-year special sentence imposed in 28 addition to any other sentence. 29 -2- LSB 1847XS (3) 90 as/rh 2/ 2