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House File 2446 - IntroducedA Bill ForAn Act 1relating to sexual exploitation of a minor, and making
2penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.12, subsection 3, Code 2022, is
2amended to read as follows:
33. a. It shall be unlawful to knowingly purchase or possess
4a visual depiction containing a pictorial representation of a
5minor engaging in a prohibited sexual act or the simulation of
6a prohibited sexual act.
7b. A visual depiction containing pictorial representations
8of different minors shall be prosecuted and punished as
9separate offenses for each pictorial representation of a
10different minor in the visual depiction. However, violations
11of this subsection involving multiple visual depictions
12c. A visual depiction containing pictorial representations
13of the same minor shall be prosecuted and punished as one
14offense separate offenses for each pictorial representation of
15the same minor.
16d. A person who commits a violation of this subsection
17commits an aggravated misdemeanor for a first offense and a
18class “D” felony for a second or subsequent offense.
19e. For purposes of this subsection, an offense is considered
20a second or subsequent offense if, prior to the person’s having
21been convicted under this subsection, any of the following
22apply:
23a. (1) The person has a prior conviction or deferred
24judgment under this subsection.
25b. (2) The person has a prior conviction, deferred
26judgment, or the equivalent of a deferred judgment in another
27jurisdiction for an offense substantially similar to the
28offense defined in this subsection. The court shall judicially
29notice the statutes of other states that define offenses
30substantially similar to the offense defined in this subsection
31and that therefore can be considered corresponding statutes.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to sexual exploitation of a minor, and
-1-1makes penalties applicable.
2Current law provides that it is unlawful to knowingly
3purchase or possess a visual depiction of a minor engaging in a
4prohibited sexual act or the simulation of a prohibited sexual
5act. A visual depiction containing pictorial representations
6of different minors shall be prosecuted and punished as
7separate offenses for each pictorial representation of a
8different minor in the visual depiction. However, violations
9involving multiple visual depictions containing pictorial
10representations of the same minor shall be prosecuted and
11punished as one offense.
12The bill provides that a person who knowingly purchases
13or possesses multiple visual depictions containing pictorial
14representations of the same minor engaging in prohibited sexual
15acts or the simulation of prohibited sexual acts shall be
16prosecuted and punished as separate offenses.
17A person who commits a violation of this subsection commits
18an aggravated misdemeanor for a first offense and a class “D”
19felony for a second or subsequent offense. An aggravated
20misdemeanor is punishable by confinement for no more than two
21years and a fine of at least $855 but not more than $8,540. A
22class “D” felony is punishable by confinement for no more than
23five years and a fine of at least $1,025 but not more than
24$10,245.
25A violation of Code section 728.12(3) is a tier II sex
26offense and a person convicted of the offense is required to
27register as a sex offender. A person convicted of the offense
28is also subject to a 10-year special sentence imposed in
29addition to any other sentence.
-2-as/rh
2penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.12, subsection 3, Code 2022, is
2amended to read as follows:
33. a. It shall be unlawful to knowingly purchase or possess
4a visual depiction containing a pictorial representation of a
5minor engaging in a prohibited sexual act or the simulation of
6a prohibited sexual act.
7b. A visual depiction containing pictorial representations
8of different minors shall be prosecuted and punished as
9separate offenses for each pictorial representation of a
10different minor in the visual depiction. However, violations
11of this subsection involving multiple visual depictions
12c. A visual depiction containing pictorial representations
13of the same minor shall be prosecuted and punished as one
14offense separate offenses for each pictorial representation of
15the same minor.
16d. A person who commits a violation of this subsection
17commits an aggravated misdemeanor for a first offense and a
18class “D” felony for a second or subsequent offense.
19e. For purposes of this subsection, an offense is considered
20a second or subsequent offense if, prior to the person’s having
21been convicted under this subsection, any of the following
22apply:
23a. (1) The person has a prior conviction or deferred
24judgment under this subsection.
25b. (2) The person has a prior conviction, deferred
26judgment, or the equivalent of a deferred judgment in another
27jurisdiction for an offense substantially similar to the
28offense defined in this subsection. The court shall judicially
29notice the statutes of other states that define offenses
30substantially similar to the offense defined in this subsection
31and that therefore can be considered corresponding statutes.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to sexual exploitation of a minor, and
-1-1makes penalties applicable.
2Current law provides that it is unlawful to knowingly
3purchase or possess a visual depiction of a minor engaging in a
4prohibited sexual act or the simulation of a prohibited sexual
5act. A visual depiction containing pictorial representations
6of different minors shall be prosecuted and punished as
7separate offenses for each pictorial representation of a
8different minor in the visual depiction. However, violations
9involving multiple visual depictions containing pictorial
10representations of the same minor shall be prosecuted and
11punished as one offense.
12The bill provides that a person who knowingly purchases
13or possesses multiple visual depictions containing pictorial
14representations of the same minor engaging in prohibited sexual
15acts or the simulation of prohibited sexual acts shall be
16prosecuted and punished as separate offenses.
17A person who commits a violation of this subsection commits
18an aggravated misdemeanor for a first offense and a class “D”
19felony for a second or subsequent offense. An aggravated
20misdemeanor is punishable by confinement for no more than two
21years and a fine of at least $855 but not more than $8,540. A
22class “D” felony is punishable by confinement for no more than
23five years and a fine of at least $1,025 but not more than
24$10,245.
25A violation of Code section 728.12(3) is a tier II sex
26offense and a person convicted of the offense is required to
27register as a sex offender. A person convicted of the offense
28is also subject to a 10-year special sentence imposed in
29addition to any other sentence.
-2-as/rh