S.F. 84 Section 1. Section 728.12, subsections 1, 2, and 3, Code 1 2023, are amended to read as follows: 2 1. It shall be unlawful to employ, use, persuade, induce, 3 entice, coerce, solicit, knowingly permit, or otherwise cause 4 or attempt to cause a minor to engage in a prohibited sexual 5 act or in the simulation of a prohibited sexual act. A person 6 must know, or have reason to know, or intend that the act 7 or simulated act may be photographed, filmed, or otherwise 8 preserved in a visual depiction. A person who commits a 9 violation of this subsection commits a class “C” “B” felony. 10 Notwithstanding section 902.9 , the court may assess a fine of 11 not more than fifty thousand dollars for each offense under 12 this subsection in addition to imposing any other authorized 13 sentence. 14 2. It shall be unlawful to knowingly promote any material 15 visually depicting a live performance of a minor engaging in 16 a prohibited sexual act or in the simulation of a prohibited 17 sexual act. A person who commits a violation of this 18 subsection commits a class “D” “C” felony. Notwithstanding 19 section 902.9 , the court may assess a fine of not more than 20 twenty-five thousand dollars for each offense under this 21 subsection in addition to imposing any other authorized 22 sentence. 23 3. It shall be unlawful to knowingly purchase or possess 24 a visual depiction of a minor engaging in a prohibited sexual 25 act or the simulation of a prohibited sexual act. A visual 26 depiction containing pictorial representations of different 27 minors shall be prosecuted and punished as separate offenses 28 for each pictorial representation of a different minor in the 29 visual depiction. However, violations of this subsection 30 involving multiple visual depictions of the same minor shall 31 be prosecuted and punished as one offense. A person who 32 commits a violation of this subsection commits an aggravated 33 misdemeanor a class “D” felony for a first offense and a 34 class “D” “C” felony for a second or subsequent offense. For 35 -1- LSB 1440XS (3) 90 as/rh 1/ 6

S.F. 84 purposes of this subsection , an offense is considered a second 1 or subsequent offense if, prior to the person’s having been 2 convicted under this subsection , any of the following apply: 3 the person has a prior conviction under this subsection or has 4 a prior conviction in another jurisdiction for a substantially 5 similar offense. The court shall judicially notice the 6 statutes of other states that define offenses substantially 7 similar to the offenses defined in this subsection and that 8 therefore can be considered corresponding statutes. 9 a. The person has a prior conviction or deferred judgment 10 under this subsection . 11 b. The person has a prior conviction, deferred judgment, or 12 the equivalent of a deferred judgment in another jurisdiction 13 for an offense substantially similar to the offense defined 14 in this subsection . The court shall judicially notice the 15 statutes of other states that define offenses substantially 16 similar to the offense defined in this subsection and that 17 therefore can be considered corresponding statutes. 18 Sec. 2. Section 901.11, Code 2023, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 6. At the time of sentencing, the court 21 shall determine when a person convicted of sexual exploitation 22 of a minor as described in section 902.12, subsection 6, shall 23 first become eligible for parole or work release within the 24 parameters specified in section 902.12, subsection 6, based 25 upon all pertinent information including the person’s criminal 26 record, a validated risk assessment, and the negative impact 27 the offense has had on the victim or other persons. 28 Sec. 3. Section 902.12, Code 2023, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 6. A person serving a sentence for a 31 conviction of sexual exploitation of a minor in violation 32 of section 728.12, subsection 1, shall be denied parole or 33 work release until the person has served between one-half and 34 seven-tenths of the maximum term of the person’s sentence as 35 -2- LSB 1440XS (3) 90 as/rh 2/ 6

S.F. 84 determined under section 901.11, subsection 6. 1 Sec. 4. Section 903B.1, Code 2023, is amended to read as 2 follows: 3 903B.1 Special sentence —— class “B” or class “C” felonies. 4 A person convicted of a class “C” felony or greater offense 5 under chapter 709 or section 728.12 , or a class “B” felony 6 under section 713.3, subsection 1 , paragraph “d” , or a class 7 “C” felony under section 728.12 , shall also be sentenced, in 8 addition to any other punishment provided by law, to a special 9 sentence committing the person into the custody of the director 10 of the Iowa department of corrections for the rest of the 11 person’s life, with eligibility for parole as provided in 12 chapter 906 . The board of parole shall determine whether the 13 person should be released on parole or placed in a work release 14 program. The special sentence imposed under this section shall 15 commence upon completion of the sentence imposed under any 16 applicable criminal sentencing provisions for the underlying 17 criminal offense and the person shall begin the sentence under 18 supervision as if on parole or work release. The person shall 19 be placed on the corrections continuum in chapter 901B , and 20 the terms and conditions of the special sentence, including 21 violations, shall be subject to the same set of procedures set 22 out in chapters 901B , 905 , 906 , and 908 , and rules adopted 23 under those chapters for persons on parole or work release. 24 The revocation of release shall not be for a period greater 25 than two years upon any first revocation, and five years upon 26 any second or subsequent revocation. A special sentence 27 shall be considered a category “A” sentence for purposes of 28 calculating earned time under section 903A.2 . 29 Sec. 5. Section 907.3, subsection 1, paragraph a, Code 2023, 30 is amended by adding the following new subparagraph: 31 NEW SUBPARAGRAPH . (15) The offense is a violation of 32 section 728.12. 33 Sec. 6. Section 915.100, subsection 2, Code 2023, is amended 34 by adding the following new paragraph: 35 -3- LSB 1440XS (3) 90 as/rh 3/ 6

S.F. 84 NEW PARAGRAPH . j. In cases where the offender was convicted 1 of sexual exploitation of a minor in violation of section 2 728.12, subsection 1 or 2, the court shall order restitution 3 under this section in an amount to be determined by the court 4 as follows: 5 (1) The court shall determine the full amount of the 6 victim’s losses that were incurred or are reasonably projected 7 to be incurred by the victim as a result of the sexual 8 exploitation of the victim, but in no case shall such amount be 9 less than three thousand dollars. 10 (2) After completing the determination required under 11 subparagraph (1), the court shall order pecuniary damages in 12 an amount that reflects the offender’s relative role in the 13 causal process that underlies the victim’s losses, but in no 14 case shall such amount be less than three thousand dollars. 15 (3) For purposes of this paragraph, in addition to the 16 definition of victim provided in section 915.10, subsection 3, 17 “victim” means the individual harmed as a result of a commission 18 of a crime under section 728.12. The legal guardian of the 19 victim or representative of the victim’s estate, another family 20 member, or any other person appointed as suitable by the court, 21 may assume the crime victim’s rights under this paragraph, but 22 in no event shall the offender be named as a representative or 23 guardian. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to sexual exploitation of a minor. 28 Current law provides that it is a class “C” felony to employ, 29 use, persuade, induce, entice, coerce, solicit, knowingly 30 permit, or otherwise cause or attempt to cause a minor to 31 engage in a prohibited sexual act or in the simulation of a 32 prohibited sexual act. The bill increases the penalty to a 33 class “B” felony. 34 Current law provides that it is a class “D” felony to 35 -4- LSB 1440XS (3) 90 as/rh 4/ 6

S.F. 84 knowingly promote any material visually depicting a live 1 performance of a minor engaging in a prohibited sexual act 2 or in the simulation of a prohibited sexual act. The bill 3 increases the penalty to a class “C” felony. 4 Current law provides that it is an aggravated misdemeanor 5 for a first offense and a class “D” felony for a second or 6 subsequent offense to knowingly purchase or possess a visual 7 depiction of a minor engaging in a prohibited sexual act or 8 the simulation of a prohibited sexual act. A visual depiction 9 containing pictorial representations of different minors shall 10 be prosecuted and punished as separate offenses for each 11 pictorial representation of a different minor in the visual 12 depiction. The bill increases the penalty to a class “D” 13 felony for a first offense, and a class “C” felony for a second 14 or subsequent offense. The bill provides that an offense is 15 considered a subsequent offense if the person has previously 16 been convicted of knowingly purchasing or possessing a visual 17 depiction of a minor engaging in a prohibited sexual act or the 18 simulation of a prohibited sexual act or the person has a prior 19 conviction in another jurisdiction for a substantially similar 20 offense. 21 A class “B” felony is punishable by confinement for no more 22 than five years and a fine of at least $1,025 but not more than 23 $10,245. A class “C” felony is punishable by confinement for 24 no more than 10 years and a fine of at least $1,370 but not more 25 than $13,660. A class “D” felony is punishable by confinement 26 for no more than five years and a fine of at least $1,025 but 27 not more than $10,245. 28 The bill provides that a person serving a sentence for 29 a conviction of sexual exploitation of a minor that is a 30 class “B” felony shall be denied parole or work release until 31 the person has served between one-half and seven-tenths of 32 the maximum term of the person’s sentence. At the time of 33 sentencing, the court shall determine when a person convicted 34 of sexual exploitation of a minor shall first become eligible 35 -5- LSB 1440XS (3) 90 as/rh 5/ 6

S.F. 84 for parole or work release based upon all pertinent information 1 including the person’s criminal record, a validated risk 2 assessment, and the negative impact the offense has had on the 3 victim or other persons. 4 The bill provides that a court shall not defer judgment if 5 the offense is a conviction of sexual exploitation of a minor. 6 The bill provides that in cases where the offender was 7 convicted of sexual exploitation of a minor involving causing 8 or attempting to cause a minor to engage in a prohibited 9 sexual act or the simulation of a prohibited sexual act, or 10 in knowingly promoting any material visually depicting a 11 live performance of a minor engaging in a prohibited sexual 12 act or in the simulation of a prohibited sexual act, the 13 court shall order restitution. The court shall determine the 14 full amount of the victim’s losses that were incurred or are 15 reasonably projected to be incurred as a result of the sexual 16 exploitation of the victim, but in no case shall such amount 17 be less than $3,000. The court shall order pecuniary damages 18 in an amount that reflects the offender’s relative role in 19 the causal process that underlies the victim’s losses, but in 20 no case shall such amount be less than $3,000. For purposes 21 of determining restitution, in addition to the definition of 22 victim provided in Code section 915.10(3), “victim” means the 23 individual harmed as a result of sexual exploitation. The 24 legal guardian of the victim or representative of the victim’s 25 estate, another family member, or any other person appointed as 26 suitable by the court, may assume the crime victim’s rights, 27 but in no event shall the offender be named as a representative 28 or guardian. 29 -6- LSB 1440XS (3) 90 as/rh 6/ 6