HF 43 (LSB 1544YH (3) 91)

HOUSE FILE 43

BY  GUSTOFF

A BILL FOR

An Act establishing the criminal offense of unlawful electronic transmission of sexually explicit visual material, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.102, subsection 1, paragraph a, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (06)  Electronic transmission of sexually explicit picture or video in violation of section 709.9A.
    Sec. 2.  NEW SECTION.  709.9A  Electronic transmission of sexually explicit visual material.
   A person who is eighteen years of age or older commits a serious misdemeanor if the person knowingly sends a picture or video, which the person knows or reasonably should know is unsolicited, by electronic means depicting any of the following:
   1.  Any person’s genitals or pubic area.
   2.  Any person engaging in a sex act, as defined in section 702.17.
   3.  The covered genitals of a male person that are in a discernibly turgid state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offense of unlawful electronic transmission of sexually explicit visual material.
   The bill provides that a person who is 18 years of age or older who knowingly sends an unsolicited picture or video by electronic means depicting any person’s genitals or pubic area, any person engaging in a sex act, or the covered genitals of a male person that are in a discernibly turgid state is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   A person convicted of a violation of the bill is required to register as a sex offender.
   A person convicted of a violation of the bill is also required to be sentenced to a special sentence committing the person into the custody of the director of the Iowa department of corrections for a period of 10 years, with eligibility for parole.