Senate File 84 - EnrolledAn Actrelating to the criminal offenses of sexual exploitation
of a minor and stalking committed while utilizing a
technological device, the enticement and sexual exploitation
of minors and the dissemination of obscene material to
minors and the utilization of undercover law enforcement
officers or agents posing as minors, and providing
penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
Sexual exploitation of a minor
   Section 1.  Section 710.10, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
   1.  A person commits a class “C” felony when, without
authority and with the intent to commit sexual abuse or sexual
exploitation upon a minor under the age of thirteen, the person
entices or attempts to entice a person reasonably believed
to be under the age of thirteen including a law enforcement
officer or agent posing as a minor under the age of thirteen
.
   2.  A person commits a class “D” felony when, without
authority and with the intent to commit an illegal sex act upon
or sexual exploitation of a minor under the age of sixteen,
the person entices or attempts to entice a person reasonably
believed to be under the age of sixteen including a law
enforcement officer or agent posing as a minor under the age
of sixteen
.
   3.  A person commits a class “D” felony when, without
authority and with the intent to commit an illegal act upon a
minor under the age of sixteen, the person entices a person
reasonably believed to be under the age of sixteen including a
law enforcement officer or agent posing as a minor under the
age of sixteen
.
   4.  A person commits an aggravated misdemeanor when, without
authority and with the intent to commit an illegal act upon
a minor under the age of sixteen, the person attempts to
entice a person reasonably believed to be under the age of
sixteen including a law enforcement officer or agent posing as
a minor under the age of sixteen
. A person convicted under
this subsection shall not be subject to the registration
requirements under chapter 692A unless the finder of fact
determines that the illegal act was sexually motivated.
   Sec. 2.  Section 728.12, subsections 1, 2, and 3, Code 2023,
are amended to read as follows:
   1.  It shall be unlawful to employ, use, persuade, induce,
-1-entice, coerce, solicit, knowingly permit, or otherwise cause
or attempt to cause a minor or a law enforcement officer or
agent posing as a minor
to engage in a prohibited sexual act
or in the simulation of a prohibited sexual act. A person
must know, or have reason to know, or intend that the act
or simulated act may be photographed, filmed, or otherwise
preserved in a visual depiction. A person who commits a
violation of this subsection commits a class “C” “B” felony.
Notwithstanding section 902.9, the court may assess a fine of
not more than fifty thousand dollars for each offense under
this subsection in addition to imposing any other authorized
sentence.
   2.  It shall be unlawful to knowingly promote any material
visually depicting a live performance of a minor engaging in
a prohibited sexual act or in the simulation of a prohibited
sexual act. A person who commits a violation of this
subsection commits a class “D” “C” felony. Notwithstanding
section 902.9, the court may assess a fine of not more than
twenty-five thousand dollars for each offense under this
subsection in addition to imposing any other authorized
sentence.
   3.  It shall be 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 of this subsection
involving multiple visual depictions of the same minor shall
be prosecuted and punished as one offense. A person who
commits a violation of this subsection commits an aggravated
misdemeanor
 a class “D” felony for a first offense and a
class “D” “C” felony for a second or subsequent offense. For
purposes of this subsection, an offense is considered a second
or subsequent offense if, prior to the person’s having been
-2-convicted under this subsection, any of the following apply:
 the person has a prior conviction or deferred judgment under
this subsection or has a prior conviction or deferred judgment
in another jurisdiction for a substantially similar offense.
The court shall judicially notice the statutes of other states
that define offenses substantially similar to the offenses
defined in this subsection and that therefore can be considered
corresponding statutes.

   a.  The person has a prior conviction or deferred judgment
under this subsection.
   b.  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.
   Sec. 3.  Section 728.15, subsection 1, paragraph b, Code
2023, is amended to read as follows:
   b.  A person shall not knowingly disseminate obscene material
by the use of telephones or telephone facilities to a minor or
a law enforcement officer or agent posing as a minor
.
   Sec. 4.  Section 901.11, Code 2023, is amended by adding the
following new subsection:
   NEW SUBSECTION.  6.  At the time of sentencing, the court
shall determine when a person convicted of sexual exploitation
of a minor as described in section 902.12, subsection 6, shall
first become eligible for parole or work release within the
parameters specified in section 902.12, subsection 6, based
upon all pertinent information including the person’s criminal
record, a validated risk assessment, and the negative impact
the offense has had on the victim or other persons.
   Sec. 5.  Section 902.12, Code 2023, is amended by adding the
following new subsection:
   NEW SUBSECTION.  6.  A person serving a sentence for a
-3-conviction of sexual exploitation of a minor in violation
of section 728.12, subsection 1, shall be denied parole or
work release until the person has served between one-half and
seven-tenths of the maximum term of the person’s sentence as
determined under section 901.11, subsection 6.
   Sec. 6.  Section 903B.1, Code 2023, is amended to read as
follows:
   903B.1  Special sentence — class “B” or class “C” felonies.
   A person convicted of a class “C” felony or greater offense
under chapter 709 or section 728.12or a class “B” felony
under section 713.3, subsection 1, paragraph “d”, or a class
“C” felony under section 728.12,
shall also be sentenced, in
addition to any other punishment provided by law, to a special
sentence committing the person into the custody of the director
of the Iowa department of corrections for the rest of the
person’s life, with eligibility for parole as provided in
chapter 906. The board of parole shall determine whether the
person should be released on parole or placed in a work release
program. The special sentence imposed under this section shall
commence upon completion of the sentence imposed under any
applicable criminal sentencing provisions for the underlying
criminal offense and the person shall begin the sentence under
supervision as if on parole or work release. The person shall
be placed on the corrections continuum in chapter 901B, and
the terms and conditions of the special sentence, including
violations, shall be subject to the same set of procedures set
out in chapters 901B, 905, 906, and 908, and rules adopted
under those chapters for persons on parole or work release.
The revocation of release shall not be for a period greater
than two years upon any first revocation, and five years upon
any second or subsequent revocation. A special sentence
shall be considered a category “A” sentence for purposes of
calculating earned time under section 903A.2.
   Sec. 7.  Section 907.3, subsection 1, paragraph a, Code 2023,
is amended by adding the following new subparagraph:
-4-   NEW SUBPARAGRAPH.  (15)  The offense is a violation of
section 728.12.
   Sec. 8.  Section 915.100, subsection 2, Code 2023, is amended
by adding the following new paragraph:
   NEW PARAGRAPH.  j.  In cases where the offender was convicted
of sexual exploitation of a minor in violation of section
728.12, subsection 1 or 2, the court shall order restitution
under this section in an amount to be determined by the court
as follows:
   (1)  The court shall determine the full amount of the
victim’s losses that were incurred or are reasonably projected
to be incurred by the victim as a result of the sexual
exploitation of the victim, but in no case shall such amount be
less than three thousand dollars.
   (2)  After completing the determination required under
subparagraph (1), the court shall order pecuniary damages in
an amount that reflects the offender’s relative role in the
causal process that underlies the victim’s losses, but in no
case shall such amount be less than three thousand dollars.
   (3)  For purposes of this paragraph, in addition to the
definition of victim provided in section 915.10, subsection 3,
“victim” means the individual harmed as a result of a commission
of a crime under section 728.12. The legal guardian of the
victim or representative of the victim’s estate, another family
member, or any other person appointed as suitable by the court,
may assume the crime victim’s rights under this paragraph, but
in no event shall the offender be named as a representative or
guardian.
DIVISION II
Stalking utilizing a technological device
   Sec. 9.  Section 692A.102, subsection 1, paragraph a,
subparagraph (6), subparagraph division (b), Code 2023, is
amended to read as follows:
   (b)  Stalking in violation of section 708.11, if a
determination is made that the offense was sexually motivated
-5-pursuant to section 692A.126, except a violation of section
708.11, subsection 3, paragraph “b” “a”, subparagraph (3), shall
be classified a tier II offense as provided in paragraph “b”.
   Sec. 10.  Section 692A.102, subsection 1, paragraph b,
subparagraph (8), Code 2023, is amended to read as follows:
   (8)  Stalking in violation of section 708.11, subsection 3,
paragraph “b” “a”, subparagraph (3), if a determination is made
that the offense was sexually motivated pursuant to section
692A.126.
   Sec. 11.  Section 708.11, subsection 1, paragraph b, Code
2023, is amended to read as follows:
   b.  “Course of conduct” means repeatedly maintaining a visual
or physical proximity to a person without legitimate purpose,
repeatedly utilizing a technological device to locate, listen
to, or watch a person without authorization or legitimate
purpose, or repeatedly conveying oral or written threats,
threats implied by conduct, or a combination thereof, directed
at or toward a person.
   Sec. 12.  Section 708.11, subsection 1, Code 2023, is amended
by adding the following new paragraph:
   NEW PARAGRAPH.  e.  “Technological device” means any
computer, cellular phone, smartphone, digital camera, video
camera, audio recording device, global positioning device, or
other electronic device that can be used for creating, storing,
or transmitting information in the form of electronic data.
   Sec. 13.  Section 708.11, subsection 3, Code 2023, is amended
to read as follows:
   3.  a.  A person who commits stalking in violation of this
section commits a class “C” felony for a third or subsequent
offense.
 if any of the following apply:
   (1)  The person commits stalking while subject to
restrictions contained in a criminal or civil protective
order or injunction, or any other court order which prohibits
contact between the person and the victim, or while subject to
restrictions contained in a criminal or civil protective order
-6-or injunction, or any other court order which prohibits contact
between the person and another person against whom the person
has committed a public offense.
   (2)  The person commits stalking while in possession of a
dangerous weapon, as defined in section 702.7.
   (3)  The person commits stalking by directing a course of
conduct at a specific person who is under eighteen years of
age.
   (4)  The person utilizes a technological device while
committing stalking.
   (5)  For a third or subsequent offense.
   b.  A person who commits stalking in violation of this
section commits a class “D” felony if any of the following
apply:
   (1)  The person commits stalking while subject to
restrictions contained in a criminal or civil protective
order or injunction, or any other court order which prohibits
contact between the person and the victim, or while subject to
restrictions contained in a criminal or civil protective order
or injunction or other court order which prohibits contact
between the person and another person against whom the person
has committed a public offense.
   (2)  The person commits stalking while in possession of a
dangerous weapon, as defined in section 702.7.
   (3)  The person commits stalking by directing a course of
conduct at a specific person who is under eighteen years of
age.
   (4)  The offense is a second offense.
   b.  A person who commits stalking in violation of this
section commits a class “D” felony if the offense is a second
offense which is not included in paragraph “a”.
   c.  A person who commits stalking in violation of this
section commits an aggravated misdemeanor if the offense is a
first offense which is not included in paragraph “b” “a”.
______________________________
AMY SINCLAIRPresident of the Senate
______________________________
PAT GRASSLEYSpeaker of the House
   I hereby certify that this bill originated in the Senate and is known as Senate File 84, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the Senate
Approved _______________, 2023______________________________
KIM REYNOLDSGovernor
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