Print
House File 148 - IntroducedA Bill ForAn Act 1relating to the criminal offense of invasion of privacy,
2providing penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692A.102, subsection 1, paragraph b,
2subparagraph (7), Code 2017, is amended to read as follows:
3(7) Invasion of privacy — nudity in violation of section
4709.21, subsection 4.
5 Sec. 2. Section 692A.126, subsection 1, Code 2017, is
6amended by adding the following new paragraph:
7 NEW PARAGRAPH. w. Invasion of privacy in violation of
8section 709.21, subsection 2 or 3.
9 Sec. 3. Section 709.21, Code 2017, is amended by striking
10the section and inserting in lieu thereof the following:
11709.21 Invasion of privacy.
121. As used in this section:
13a. “Full or partial nudity” means the showing of any part
14of the human genitals or pubic area or buttocks, or any part
15of the nipple of the breast of a female, with less than fully
16opaque covering.
17b. “Photographs or films” means the making of any
18photograph, motion picture film, videotape, or any other
19recording or transmission of the image of a person.
20c. “Sex act” means the same as defined in section 702.17.
21d. “Visual depiction” means the same as defined in section
22728.1.
232. A person who knowingly disseminates, publishes,
24distributes, posts, or causes to be disseminated, published,
25distributed, or posted, a visual depiction showing another
26person in a state of full or partial nudity or engaged in a sex
27act, without the consent of the other person, commits invasion
28of privacy.
293. A person who knowingly creates a visual depiction of
30another person in a state of full or partial nudity or engaged
31in a sex act, if the other person does not consent or is
32unable to consent to creation of the visual depiction, commits
33invasion of privacy.
344. A person who knowingly views, photographs, or films
35another person, for the purpose of arousing or gratifying the
-1-1sexual desire of any person, commits invasion of privacy if all
2of the following apply:
3a. The other person does not consent or is unable to consent
4to being viewed, photographed, or filmed.
5b. The other person is in a state of full or partial nudity.
6c. The other person has a reasonable expectation of privacy
7while in a state of full or partial nudity.
85. Subsections 2 and 3 do not apply to any of the following:
9a. Visual depictions involving voluntary exposure by a
10person in public or commercial settings.
11b. Disclosures made in the public interest, including but
12not limited to the reporting of unlawful conduct, or the lawful
13and common practices of law enforcement, criminal reporting,
14legal proceedings, or medical treatment.
156. A person who violates this section commits an aggravated
16misdemeanor.
177. For purposes of determining whether a person should
18register as a sex offender pursuant to the provisions of
19chapter 692A for a violation of subsection 2 or 3, the fact
20finder shall make a determination as provided in section
21692A.126.
22 Sec. 4. Section 903B.2, Code 2017, is amended to read as
23follows:
24903B.2 Special sentence — class “D” felonies or
25misdemeanors.
26A Except as otherwise provided in this section, a person
27convicted of a misdemeanor or a class “D” felony offense under
28chapter 709, section 726.2, or section 728.12 shall also be
29sentenced, in addition to any other punishment provided by law,
30to a special sentence committing the person into the custody
31of the director of the Iowa department of corrections for a
32period of ten years, with eligibility for parole as provided in
33chapter 906. For a person convicted of a violation of section
34709.21, subsection 2 or 3, a sexual motivation determination
35under section 692A.126 must be made in order for a person to
-2-1be sentenced to a special sentence. The board of parole shall
2determine whether the person should be released on parole
3or placed in a work release program. The special sentence
4imposed under this section shall commence upon completion of
5the sentence imposed under any applicable criminal sentencing
6provisions for the underlying criminal offense and the person
7shall begin the sentence under supervision as if on parole or
8work release. The person shall be placed on the corrections
9continuum in chapter 901B, and the terms and conditions of the
10special sentence, including violations, shall be subject to
11the same set of procedures set out in chapters 901B, 905, 906,
12and 908, and rules adopted under those chapters for persons on
13parole or work release. The revocation of release shall not be
14for a period greater than two years upon any first revocation,
15and five years upon any second or subsequent revocation. A
16special sentence shall be considered a category “A” sentence
17for purposes of calculating earned time under section 903A.2.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the criminal offense of invasion of
22privacy, provides penalties, and makes penalties applicable.
23Current law provides that a person commits the crime of
24invasion of privacy, an aggravated misdemeanor, if the person
25knowingly views, photographs, or films another person, for
26the purpose of arousing or gratifying the sexual desire of
27any person, if all of the following apply: the other person
28does not consent or is unable to consent to being viewed,
29photographed, or filmed; the other person is in a state of
30full or partial nudity; and the other person has a reasonable
31expectation of privacy while in a state of full or partial
32nudity. Under the bill, the current law creating the criminal
33offense of invasion of privacy is moved to Code section
34709.21(4), but strikes the requirement that the prosecution
35prove the victim did not have knowledge about being viewed,
-3-1photographed, or filmed.
2The bill creates two additional invasion of privacy criminal
3offenses in Code section 709.21(2) and (3).
4New Code section 709.21(2) provides that a person who
5knowingly disseminates, publishes, distributes, posts, or
6causes to be disseminated, published, distributed, or posted, a
7visual depiction showing another person in a state of full or
8partial nudity or engaged in a sex act, without the consent of
9the other person commits an invasion of privacy.
10New Code section 709.21(3) provides that a person who
11knowingly creates a visual depiction that shows another person
12in a state of full or partial nudity or engaged in a sex act,
13if the other person did not or was unable to consent to the
14creation, commits invasion of privacy.
15Current law and the bill define “full or partial nudity” to
16mean the showing of any part of the human genitals or pubic
17area or buttocks, or any part of the nipple of the breast of a
18female, with less than fully opaque covering.
19Current law and the bill define “photographs or films”
20to mean the making of any photograph, motion picture film,
21videotape, or any other recording or transmission of the image
22of a person.
23The bill defines “visual depiction” to mean the same as
24defined under Code section 728.1.
25A “sex act” is defined in Code section 702.17.
26New Code section 709.21(2) and (3) do not apply to the
27following: visual depictions involving voluntary exposure in
28public or commercial settings; or to disclosures made in the
29public interest, including but not limited to for the reporting
30of unlawful conduct, or for the lawful and common practices
31of law enforcement, criminal reporting, legal proceedings, or
32medical treatment.
33A person who violates the bill commits an aggravated
34misdemeanor. An aggravated misdemeanor is punishable by
35confinement for no more than two years and a fine of at least
-4-1$625 but not more than $6,250.
2Under current law and the bill, a person convicted of
3invasion of privacy in violation of Code section 709.21(4)
4is required to register as a sex offender under Code chapter
5692A. The bill provides that if a person commits invasion of
6privacy in violation of the new Code section 709.21(2) or (3),
7the person may be required to register as a sex offender if
8the fact finder determines, beyond a reasonable doubt, that
9the violation was sexually motivated pursuant to Code section
10692A.126.
11A person who commits invasion of privacy is also subject to
12a special 10-year sentence, which may include parole, under
13Code section 903B.2. A person convicted of a violation of Code
14section 709.21(2) or (3) shall not be sentenced to a 10-year
15special sentence unless sexual motivation under Code section
16692A.126 is found.
-5-jm/rh/rj
2providing penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692A.102, subsection 1, paragraph b,
2subparagraph (7), Code 2017, is amended to read as follows:
3(7) Invasion of privacy — nudity in violation of section
4709.21, subsection 4.
5 Sec. 2. Section 692A.126, subsection 1, Code 2017, is
6amended by adding the following new paragraph:
7 NEW PARAGRAPH. w. Invasion of privacy in violation of
8section 709.21, subsection 2 or 3.
9 Sec. 3. Section 709.21, Code 2017, is amended by striking
10the section and inserting in lieu thereof the following:
11709.21 Invasion of privacy.
121. As used in this section:
13a. “Full or partial nudity” means the showing of any part
14of the human genitals or pubic area or buttocks, or any part
15of the nipple of the breast of a female, with less than fully
16opaque covering.
17b. “Photographs or films” means the making of any
18photograph, motion picture film, videotape, or any other
19recording or transmission of the image of a person.
20c. “Sex act” means the same as defined in section 702.17.
21d. “Visual depiction” means the same as defined in section
22728.1.
232. A person who knowingly disseminates, publishes,
24distributes, posts, or causes to be disseminated, published,
25distributed, or posted, a visual depiction showing another
26person in a state of full or partial nudity or engaged in a sex
27act, without the consent of the other person, commits invasion
28of privacy.
293. A person who knowingly creates a visual depiction of
30another person in a state of full or partial nudity or engaged
31in a sex act, if the other person does not consent or is
32unable to consent to creation of the visual depiction, commits
33invasion of privacy.
344. A person who knowingly views, photographs, or films
35another person, for the purpose of arousing or gratifying the
-1-1sexual desire of any person, commits invasion of privacy if all
2of the following apply:
3a. The other person does not consent or is unable to consent
4to being viewed, photographed, or filmed.
5b. The other person is in a state of full or partial nudity.
6c. The other person has a reasonable expectation of privacy
7while in a state of full or partial nudity.
85. Subsections 2 and 3 do not apply to any of the following:
9a. Visual depictions involving voluntary exposure by a
10person in public or commercial settings.
11b. Disclosures made in the public interest, including but
12not limited to the reporting of unlawful conduct, or the lawful
13and common practices of law enforcement, criminal reporting,
14legal proceedings, or medical treatment.
156. A person who violates this section commits an aggravated
16misdemeanor.
177. For purposes of determining whether a person should
18register as a sex offender pursuant to the provisions of
19chapter 692A for a violation of subsection 2 or 3, the fact
20finder shall make a determination as provided in section
21692A.126.
22 Sec. 4. Section 903B.2, Code 2017, is amended to read as
23follows:
24903B.2 Special sentence — class “D” felonies or
25misdemeanors.
26A Except as otherwise provided in this section, a person
27convicted of a misdemeanor or a class “D” felony offense under
28chapter 709, section 726.2, or section 728.12 shall also be
29sentenced, in addition to any other punishment provided by law,
30to a special sentence committing the person into the custody
31of the director of the Iowa department of corrections for a
32period of ten years, with eligibility for parole as provided in
33chapter 906. For a person convicted of a violation of section
34709.21, subsection 2 or 3, a sexual motivation determination
35under section 692A.126 must be made in order for a person to
-2-1be sentenced to a special sentence. The board of parole shall
2determine whether the person should be released on parole
3or placed in a work release program. The special sentence
4imposed under this section shall commence upon completion of
5the sentence imposed under any applicable criminal sentencing
6provisions for the underlying criminal offense and the person
7shall begin the sentence under supervision as if on parole or
8work release. The person shall be placed on the corrections
9continuum in chapter 901B, and the terms and conditions of the
10special sentence, including violations, shall be subject to
11the same set of procedures set out in chapters 901B, 905, 906,
12and 908, and rules adopted under those chapters for persons on
13parole or work release. The revocation of release shall not be
14for a period greater than two years upon any first revocation,
15and five years upon any second or subsequent revocation. A
16special sentence shall be considered a category “A” sentence
17for purposes of calculating earned time under section 903A.2.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the criminal offense of invasion of
22privacy, provides penalties, and makes penalties applicable.
23Current law provides that a person commits the crime of
24invasion of privacy, an aggravated misdemeanor, if the person
25knowingly views, photographs, or films another person, for
26the purpose of arousing or gratifying the sexual desire of
27any person, if all of the following apply: the other person
28does not consent or is unable to consent to being viewed,
29photographed, or filmed; the other person is in a state of
30full or partial nudity; and the other person has a reasonable
31expectation of privacy while in a state of full or partial
32nudity. Under the bill, the current law creating the criminal
33offense of invasion of privacy is moved to Code section
34709.21(4), but strikes the requirement that the prosecution
35prove the victim did not have knowledge about being viewed,
-3-1photographed, or filmed.
2The bill creates two additional invasion of privacy criminal
3offenses in Code section 709.21(2) and (3).
4New Code section 709.21(2) provides that a person who
5knowingly disseminates, publishes, distributes, posts, or
6causes to be disseminated, published, distributed, or posted, a
7visual depiction showing another person in a state of full or
8partial nudity or engaged in a sex act, without the consent of
9the other person commits an invasion of privacy.
10New Code section 709.21(3) provides that a person who
11knowingly creates a visual depiction that shows another person
12in a state of full or partial nudity or engaged in a sex act,
13if the other person did not or was unable to consent to the
14creation, commits invasion of privacy.
15Current law and the bill define “full or partial nudity” to
16mean the showing of any part of the human genitals or pubic
17area or buttocks, or any part of the nipple of the breast of a
18female, with less than fully opaque covering.
19Current law and the bill define “photographs or films”
20to mean the making of any photograph, motion picture film,
21videotape, or any other recording or transmission of the image
22of a person.
23The bill defines “visual depiction” to mean the same as
24defined under Code section 728.1.
25A “sex act” is defined in Code section 702.17.
26New Code section 709.21(2) and (3) do not apply to the
27following: visual depictions involving voluntary exposure in
28public or commercial settings; or to disclosures made in the
29public interest, including but not limited to for the reporting
30of unlawful conduct, or for the lawful and common practices
31of law enforcement, criminal reporting, legal proceedings, or
32medical treatment.
33A person who violates the bill commits an aggravated
34misdemeanor. An aggravated misdemeanor is punishable by
35confinement for no more than two years and a fine of at least
-4-1$625 but not more than $6,250.
2Under current law and the bill, a person convicted of
3invasion of privacy in violation of Code section 709.21(4)
4is required to register as a sex offender under Code chapter
5692A. The bill provides that if a person commits invasion of
6privacy in violation of the new Code section 709.21(2) or (3),
7the person may be required to register as a sex offender if
8the fact finder determines, beyond a reasonable doubt, that
9the violation was sexually motivated pursuant to Code section
10692A.126.
11A person who commits invasion of privacy is also subject to
12a special 10-year sentence, which may include parole, under
13Code section 903B.2. A person convicted of a violation of Code
14section 709.21(2) or (3) shall not be sentenced to a 10-year
15special sentence unless sexual motivation under Code section
16692A.126 is found.
-5-jm/rh/rj