SF 221 (LSB 1847XS (3) 90)

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 penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 728.12, subsection 3, Code 2023, is amended to read as follows:
   3.  a.  It shall be unlawful to knowingly purchase or possess a visual depiction containing a pictorial representation of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.
   b.  A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction. However, violations of this subsection involving multiple visual depictions
   c.  A visual depiction containing pictorial representations of the same minor shall be prosecuted and punished as one offense separate offenses for each pictorial representation of the same minor.
   d.  A person who commits a violation of this subsection commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense.
   e.  For purposes of this subsection, an offense is considered a second or subsequent offense if, prior to the person’s having been convicted under this subsection, any of the following apply:
   a.  (1)  The person has a prior conviction or deferred judgment under this subsection.
   b.  (2)  The person has a prior conviction, deferred judgment, or the equivalent of a deferred judgment in another jurisdiction for an offense substantially similar to the offense defined in this subsection. The court shall judicially notice the statutes of other states that define offenses substantially similar to the offense defined in this subsection and that therefore can be considered corresponding statutes.
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 sexual exploitation of a minor, and makes penalties applicable.
   Current law provides that it is unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction. However, violations involving multiple visual depictions containing pictorial representations of the same minor shall be prosecuted and punished as one offense.
   The bill provides that a person who knowingly purchases or possesses multiple visual depictions containing pictorial representations of the same minor engaging in prohibited sexual acts or the simulation of prohibited sexual acts shall be prosecuted and punished as separate offenses. 
   A person who commits a violation of this subsection commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   A violation of Code section 728.12(3) is a tier II sex offense and a person convicted of the offense is required to register as a sex offender. A person convicted of the offense is also subject to a 10-year special sentence imposed in addition to any other sentence.