SF 32 (LSB 1081XS (2) 91)

SENATE FILE 32

BY  McCLINTOCK

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, paragraph b, Code 2025, is amended to read as follows:
   b.  (1)  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 
   (2)  Violations of this subsection involving multiple visual depictions of the same minor shall be prosecuted and punished as one offense separate offenses for each pictorial representation of the same minor.
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.
   Code section 728.12(3) prohibits knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. Currently, visual depictions containing pictorial representations of different minors are prosecuted and punished as separate offenses for each pictorial representation of a different minor. However, violations involving multiple visual depictions containing pictorial representations of the same minor are prosecuted and punished as one offense.
   The bill provides that knowingly purchasing or possessing 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 Code section 728.12(3) commits a class “D” felony for a first offense and a class “C” felony for a second or subsequent offense. 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 class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
   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.