SF 2186 (LSB 5533SV (2) 90)

SENATE FILE 2186

BY  COMMITTEE ON TECHNOLOGY

(SUCCESSOR TO SSB 3004)

A BILL FOR

An Act relating to harassment and extortion involving a person whose image was used in creating, adapting, or modifying a photograph or film, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.7, subsection 1, paragraph a, subparagraph (5), Code 2024, is amended to read as follows:
   (5)  Disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.  For purposes of this subparagraph, “another person” includes a person whose image was used in creating, adapting, or modifying a photograph or film with the intent to depict that other person who is recognizable by the person’s face, likeness, or other distinguishing characteristic.
    Sec. 2.  Section 708.7, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  A person who commits a violation of subsection 1, paragraph “a”, subparagraph (5), that results in the victim of the violation committing suicide, in addition to the penalties provided in subsection 2, may be charged with involuntary manslaughter under section 707.5.
    Sec. 3.  Section 711.4, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  Threatens to disseminate, publish, distribute, or post a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting. For purposes of this subsection, “another person” includes a person whose image was used in creating, adapting, or modifying a photograph or film with the intent to depict that other person who is recognizable by the person’s face, likeness, or other distinguishing characteristic.
    Sec. 4.  Section 711.4, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  A person who commits a violation of subsection 1, paragraph “h”, that results in the victim of the violation committing suicide, in addition to the penalties provided in subsection 2, may be charged with involuntary manslaughter under section 707.5.
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 harassment and extortion involving a person whose image was used in creating, adapting, or modifying a photograph or film.
   Under current Code section 708.7(1)(a)(5), a person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.
   The bill provides that for purposes of the above provision, “another person” includes a person whose image was used in creating, adapting, or modifying a photograph or film with the intent to depict that other person who is recognizable by the person’s face, likeness, or other distinguishing characteristic.
   A violation of Code section 708.7(1)(a)(5) is an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
   The bill provides that, in addition to the above penalties, a person who commits a violation of Code section 708.7(1)(a)(5) that results in the victim of the violation committing suicide may be charged with involuntary manslaughter.
   The bill provides that a person commits extortion with the purpose of obtaining for oneself or another anything of value, tangible or intangible, including labor or services, if the person threatens to disseminate, publish, distribute, or post a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting. The bill provides that “another person” includes a person whose image was used in creating, adapting, or modifying a photograph or film with the intent to depict that other person who is recognizable by the person’s face, likeness, or other distinguishing characteristic.
   Extortion is a class “D” felony. 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.
   The bill provides that a person who commits a violation of Code section 711.4(5)(h) that results in the victim of the violation committing suicide may also be charged with involuntary manslaughter.