Iowa SF 470: A bill for an act relating to sexual exploitation of a minor, and making penalties applicable.

Bill Text

Senate File 470 - Introduced
SENATE FILE 470
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 221)
A BILL FOR
An Act relating to sexual exploitation of a minor, and making1
penalties applicable.2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:3
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S.F. 470
Section 1. Section 728.12, subsection 3, Code 2023, is1
amended to read as follows:2
3. a. It shall be unlawful to knowingly purchase or possess3
a visual depiction containing a pictorial representation of a4
minor engaging in a prohibited sexual act or the simulation of5
a prohibited sexual act.6
b. A visual depiction containing pictorial representations7
of different minors shall be prosecuted and punished as8
separate offenses for each pictorial representation of a9
different minor in the visual depiction. However, violations10
of this subsection involving multiple visual depictions11
c. A visual depiction containing pictorial representations12
of the same minor shall be prosecuted and punished as one13
offense separate offenses for each pictorial representation of14
the same minor.15
d. A person who commits a violation of this subsection16
commits an aggravated misdemeanor for a first offense and a17
class “D” felony for a second or subsequent offense.18
e. For purposes of this subsection, an offense is considered19
a second or subsequent offense if, prior to the person’s having20
been convicted under this subsection, any of the following21
apply:22
a. (1) The person has a prior conviction or deferred23
judgment under this subsection.24
b. (2) The person has a prior conviction, deferred25
judgment, or the equivalent of a deferred judgment in another26
jurisdiction for an offense substantially similar to the27
offense defined in this subsection. The court shall judicially28
notice the statutes of other states that define offenses29
substantially similar to the offense defined in this subsection30
and that therefore can be considered corresponding statutes.31
EXPLANATION32
The inclusion of this explanation does not constitute agreement with33
the explanation’s substance by the members of the general assembly.34
This bill relates to sexual exploitation of a minor, and35
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S.F. 470
makes penalties applicable.1
Current law provides that it is unlawful to knowingly2
purchase or possess a visual depiction of a minor engaging in a3
prohibited sexual act or the simulation of a prohibited sexual4
act. A visual depiction containing pictorial representations5
of different minors shall be prosecuted and punished as6
separate offenses for each pictorial representation of a7
different minor in the visual depiction. However, violations8
involving multiple visual depictions containing pictorial9
representations of the same minor shall be prosecuted and10
punished as one offense.11
The bill provides that a person who knowingly purchases12
or possesses multiple visual depictions containing pictorial13
representations of the same minor engaging in prohibited sexual14
acts or the simulation of prohibited sexual acts shall be15
prosecuted and punished as separate offenses.16
A person who commits a violation of this subsection commits17
an aggravated misdemeanor for a first offense and a class “D”18
felony for a second or subsequent offense. An aggravated19
misdemeanor is punishable by confinement for no more than two20
years and a fine of at least $855 but not more than $8,540. A21
class “D” felony is punishable by confinement for no more than22
five years and a fine of at least $1,025 but not more than23
$10,245.24
A violation of Code section 728.12(3) is a tier II sex25
offense and a person convicted of the offense is required to26
register as a sex offender. A person convicted of the offense27
is also subject to a 10-year special sentence imposed in28
addition to any other sentence.29
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