Bill Text: IA HF321 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to sexual exploitation of a minor and providing penalties.(See HF 646.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-04 - Withdrawn. H.J. 771. [HF321 Detail]
Download: Iowa-2023-HF321-Introduced.html
House
File
321
-
Introduced
HOUSE
FILE
321
BY
HORA
(COMPANION
TO
SF
84
BY
DRISCOLL)
A
BILL
FOR
An
Act
relating
to
sexual
exploitation
of
a
minor
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
728.12,
subsections
1,
2,
and
3,
Code
1
2023,
are
amended
to
read
as
follows:
2
1.
It
shall
be
unlawful
to
employ,
use,
persuade,
induce,
3
entice,
coerce,
solicit,
knowingly
permit,
or
otherwise
cause
4
or
attempt
to
cause
a
minor
to
engage
in
a
prohibited
sexual
5
act
or
in
the
simulation
of
a
prohibited
sexual
act.
A
person
6
must
know,
or
have
reason
to
know,
or
intend
that
the
act
7
or
simulated
act
may
be
photographed,
filmed,
or
otherwise
8
preserved
in
a
visual
depiction.
A
person
who
commits
a
9
violation
of
this
subsection
commits
a
class
“C”
“B”
felony.
10
Notwithstanding
section
902.9
,
the
court
may
assess
a
fine
of
11
not
more
than
fifty
thousand
dollars
for
each
offense
under
12
this
subsection
in
addition
to
imposing
any
other
authorized
13
sentence.
14
2.
It
shall
be
unlawful
to
knowingly
promote
any
material
15
visually
depicting
a
live
performance
of
a
minor
engaging
in
16
a
prohibited
sexual
act
or
in
the
simulation
of
a
prohibited
17
sexual
act.
A
person
who
commits
a
violation
of
this
18
subsection
commits
a
class
“D”
“C”
felony.
Notwithstanding
19
section
902.9
,
the
court
may
assess
a
fine
of
not
more
than
20
twenty-five
thousand
dollars
for
each
offense
under
this
21
subsection
in
addition
to
imposing
any
other
authorized
22
sentence.
23
3.
It
shall
be
unlawful
to
knowingly
purchase
or
possess
24
a
visual
depiction
of
a
minor
engaging
in
a
prohibited
sexual
25
act
or
the
simulation
of
a
prohibited
sexual
act.
A
visual
26
depiction
containing
pictorial
representations
of
different
27
minors
shall
be
prosecuted
and
punished
as
separate
offenses
28
for
each
pictorial
representation
of
a
different
minor
in
the
29
visual
depiction.
However,
violations
of
this
subsection
30
involving
multiple
visual
depictions
of
the
same
minor
shall
31
be
prosecuted
and
punished
as
one
offense.
A
person
who
32
commits
a
violation
of
this
subsection
commits
an
aggravated
33
misdemeanor
a
class
“D”
felony
for
a
first
offense
and
a
34
class
“D”
“C”
felony
for
a
second
or
subsequent
offense.
For
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purposes
of
this
subsection
,
an
offense
is
considered
a
second
1
or
subsequent
offense
if,
prior
to
the
person’s
having
been
2
convicted
under
this
subsection
,
any
of
the
following
apply:
3
the
person
has
a
prior
conviction
under
this
subsection
or
has
4
a
prior
conviction
in
another
jurisdiction
for
a
substantially
5
similar
offense.
The
court
shall
judicially
notice
the
6
statutes
of
other
states
that
define
offenses
substantially
7
similar
to
the
offenses
defined
in
this
subsection
and
that
8
therefore
can
be
considered
corresponding
statutes.
9
a.
The
person
has
a
prior
conviction
or
deferred
judgment
10
under
this
subsection
.
11
b.
The
person
has
a
prior
conviction,
deferred
judgment,
or
12
the
equivalent
of
a
deferred
judgment
in
another
jurisdiction
13
for
an
offense
substantially
similar
to
the
offense
defined
14
in
this
subsection
.
The
court
shall
judicially
notice
the
15
statutes
of
other
states
that
define
offenses
substantially
16
similar
to
the
offense
defined
in
this
subsection
and
that
17
therefore
can
be
considered
corresponding
statutes.
18
Sec.
2.
Section
901.11,
Code
2023,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
6.
At
the
time
of
sentencing,
the
court
21
shall
determine
when
a
person
convicted
of
sexual
exploitation
22
of
a
minor
as
described
in
section
902.12,
subsection
6,
shall
23
first
become
eligible
for
parole
or
work
release
within
the
24
parameters
specified
in
section
902.12,
subsection
6,
based
25
upon
all
pertinent
information
including
the
person’s
criminal
26
record,
a
validated
risk
assessment,
and
the
negative
impact
27
the
offense
has
had
on
the
victim
or
other
persons.
28
Sec.
3.
Section
902.12,
Code
2023,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
6.
A
person
serving
a
sentence
for
a
31
conviction
of
sexual
exploitation
of
a
minor
in
violation
32
of
section
728.12,
subsection
1,
shall
be
denied
parole
or
33
work
release
until
the
person
has
served
between
one-half
and
34
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
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determined
under
section
901.11,
subsection
6.
1
Sec.
4.
Section
903B.1,
Code
2023,
is
amended
to
read
as
2
follows:
3
903B.1
Special
sentence
——
class
“B”
or
class
“C”
felonies.
4
A
person
convicted
of
a
class
“C”
felony
or
greater
offense
5
under
chapter
709
or
section
728.12
,
or
a
class
“B”
felony
6
under
section
713.3,
subsection
1
,
paragraph
“d”
,
or
a
class
7
“C”
felony
under
section
728.12
,
shall
also
be
sentenced,
in
8
addition
to
any
other
punishment
provided
by
law,
to
a
special
9
sentence
committing
the
person
into
the
custody
of
the
director
10
of
the
Iowa
department
of
corrections
for
the
rest
of
the
11
person’s
life,
with
eligibility
for
parole
as
provided
in
12
chapter
906
.
The
board
of
parole
shall
determine
whether
the
13
person
should
be
released
on
parole
or
placed
in
a
work
release
14
program.
The
special
sentence
imposed
under
this
section
shall
15
commence
upon
completion
of
the
sentence
imposed
under
any
16
applicable
criminal
sentencing
provisions
for
the
underlying
17
criminal
offense
and
the
person
shall
begin
the
sentence
under
18
supervision
as
if
on
parole
or
work
release.
The
person
shall
19
be
placed
on
the
corrections
continuum
in
chapter
901B
,
and
20
the
terms
and
conditions
of
the
special
sentence,
including
21
violations,
shall
be
subject
to
the
same
set
of
procedures
set
22
out
in
chapters
901B
,
905
,
906
,
and
908
,
and
rules
adopted
23
under
those
chapters
for
persons
on
parole
or
work
release.
24
The
revocation
of
release
shall
not
be
for
a
period
greater
25
than
two
years
upon
any
first
revocation,
and
five
years
upon
26
any
second
or
subsequent
revocation.
A
special
sentence
27
shall
be
considered
a
category
“A”
sentence
for
purposes
of
28
calculating
earned
time
under
section
903A.2
.
29
Sec.
5.
Section
907.3,
subsection
1,
paragraph
a,
Code
2023,
30
is
amended
by
adding
the
following
new
subparagraph:
31
NEW
SUBPARAGRAPH
.
(15)
The
offense
is
a
violation
of
32
section
728.12.
33
Sec.
6.
Section
915.100,
subsection
2,
Code
2023,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
j.
In
cases
where
the
offender
was
convicted
1
of
sexual
exploitation
of
a
minor
in
violation
of
section
2
728.12,
subsection
1
or
2,
the
court
shall
order
restitution
3
under
this
section
in
an
amount
to
be
determined
by
the
court
4
as
follows:
5
(1)
The
court
shall
determine
the
full
amount
of
the
6
victim’s
losses
that
were
incurred
or
are
reasonably
projected
7
to
be
incurred
by
the
victim
as
a
result
of
the
sexual
8
exploitation
of
the
victim,
but
in
no
case
shall
such
amount
be
9
less
than
three
thousand
dollars.
10
(2)
After
completing
the
determination
required
under
11
subparagraph
(1),
the
court
shall
order
pecuniary
damages
in
12
an
amount
that
reflects
the
offender’s
relative
role
in
the
13
causal
process
that
underlies
the
victim’s
losses,
but
in
no
14
case
shall
such
amount
be
less
than
three
thousand
dollars.
15
(3)
For
purposes
of
this
paragraph,
in
addition
to
the
16
definition
of
victim
provided
in
section
915.10,
subsection
3,
17
“victim”
means
the
individual
harmed
as
a
result
of
a
commission
18
of
a
crime
under
section
728.12.
The
legal
guardian
of
the
19
victim
or
representative
of
the
victim’s
estate,
another
family
20
member,
or
any
other
person
appointed
as
suitable
by
the
court,
21
may
assume
the
crime
victim’s
rights
under
this
paragraph,
but
22
in
no
event
shall
the
offender
be
named
as
a
representative
or
23
guardian.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
sexual
exploitation
of
a
minor.
28
Current
law
provides
that
it
is
a
class
“C”
felony
to
employ,
29
use,
persuade,
induce,
entice,
coerce,
solicit,
knowingly
30
permit,
or
otherwise
cause
or
attempt
to
cause
a
minor
to
31
engage
in
a
prohibited
sexual
act
or
in
the
simulation
of
a
32
prohibited
sexual
act.
The
bill
increases
the
penalty
to
a
33
class
“B”
felony.
34
Current
law
provides
that
it
is
a
class
“D”
felony
to
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knowingly
promote
any
material
visually
depicting
a
live
1
performance
of
a
minor
engaging
in
a
prohibited
sexual
act
2
or
in
the
simulation
of
a
prohibited
sexual
act.
The
bill
3
increases
the
penalty
to
a
class
“C”
felony.
4
Current
law
provides
that
it
is
an
aggravated
misdemeanor
5
for
a
first
offense
and
a
class
“D”
felony
for
a
second
or
6
subsequent
offense
to
knowingly
purchase
or
possess
a
visual
7
depiction
of
a
minor
engaging
in
a
prohibited
sexual
act
or
8
the
simulation
of
a
prohibited
sexual
act.
A
visual
depiction
9
containing
pictorial
representations
of
different
minors
shall
10
be
prosecuted
and
punished
as
separate
offenses
for
each
11
pictorial
representation
of
a
different
minor
in
the
visual
12
depiction.
The
bill
increases
the
penalty
to
a
class
“D”
13
felony
for
a
first
offense,
and
a
class
“C”
felony
for
a
second
14
or
subsequent
offense.
The
bill
provides
that
an
offense
is
15
considered
a
subsequent
offense
if
the
person
has
previously
16
been
convicted
of
knowingly
purchasing
or
possessing
a
visual
17
depiction
of
a
minor
engaging
in
a
prohibited
sexual
act
or
the
18
simulation
of
a
prohibited
sexual
act
or
the
person
has
a
prior
19
conviction
in
another
jurisdiction
for
a
substantially
similar
20
offense.
21
A
class
“B”
felony
is
punishable
by
confinement
for
no
more
22
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
23
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
for
24
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
25
than
$13,660.
A
class
“D”
felony
is
punishable
by
confinement
26
for
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
27
not
more
than
$10,245.
28
The
bill
provides
that
a
person
serving
a
sentence
for
29
a
conviction
of
sexual
exploitation
of
a
minor
that
is
a
30
class
“B”
felony
shall
be
denied
parole
or
work
release
until
31
the
person
has
served
between
one-half
and
seven-tenths
of
32
the
maximum
term
of
the
person’s
sentence.
At
the
time
of
33
sentencing,
the
court
shall
determine
when
a
person
convicted
34
of
sexual
exploitation
of
a
minor
shall
first
become
eligible
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for
parole
or
work
release
based
upon
all
pertinent
information
1
including
the
person’s
criminal
record,
a
validated
risk
2
assessment,
and
the
negative
impact
the
offense
has
had
on
the
3
victim
or
other
persons.
4
The
bill
provides
that
a
court
shall
not
defer
judgment
if
5
the
offense
is
a
conviction
of
sexual
exploitation
of
a
minor.
6
The
bill
provides
that
in
cases
where
the
offender
was
7
convicted
of
sexual
exploitation
of
a
minor
involving
causing
8
or
attempting
to
cause
a
minor
to
engage
in
a
prohibited
9
sexual
act
or
the
simulation
of
a
prohibited
sexual
act,
or
10
in
knowingly
promoting
any
material
visually
depicting
a
11
live
performance
of
a
minor
engaging
in
a
prohibited
sexual
12
act
or
in
the
simulation
of
a
prohibited
sexual
act,
the
13
court
shall
order
restitution.
The
court
shall
determine
the
14
full
amount
of
the
victim’s
losses
that
were
incurred
or
are
15
reasonably
projected
to
be
incurred
as
a
result
of
the
sexual
16
exploitation
of
the
victim,
but
in
no
case
shall
such
amount
17
be
less
than
$3,000.
The
court
shall
order
pecuniary
damages
18
in
an
amount
that
reflects
the
offender’s
relative
role
in
19
the
causal
process
that
underlies
the
victim’s
losses,
but
in
20
no
case
shall
such
amount
be
less
than
$3,000.
For
purposes
21
of
determining
restitution,
in
addition
to
the
definition
of
22
victim
provided
in
Code
section
915.10(3),
“victim”
means
the
23
individual
harmed
as
a
result
of
sexual
exploitation.
The
24
legal
guardian
of
the
victim
or
representative
of
the
victim’s
25
estate,
another
family
member,
or
any
other
person
appointed
as
26
suitable
by
the
court,
may
assume
the
crime
victim’s
rights,
27
but
in
no
event
shall
the
offender
be
named
as
a
representative
28
or
guardian.
29
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