Bill Text: IA HSB203 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to 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 making penalties applicable.(See HF 569.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-02 - Committee report approving bill, renumbered as HF 569. [HSB203 Detail]
Download: Iowa-2023-HSB203-Introduced.html
House
Study
Bill
203
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
enticement
and
sexual
exploitation
of
1
minors
and
the
dissemination
of
obscene
material
to
minors
2
and
the
utilization
of
undercover
law
enforcement
officers
3
or
agents
posing
as
minors,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
710.10,
subsections
1,
2,
3,
and
4,
Code
1
2023,
are
amended
to
read
as
follows:
2
1.
A
person
commits
a
class
“C”
felony
when,
without
3
authority
and
with
the
intent
to
commit
sexual
abuse
or
sexual
4
exploitation
upon
a
minor
under
the
age
of
thirteen,
the
person
5
entices
or
attempts
to
entice
a
person
reasonably
believed
6
to
be
under
the
age
of
thirteen
including
a
law
enforcement
7
officer
or
agent
posing
as
a
minor
under
the
age
of
thirteen
.
8
2.
A
person
commits
a
class
“D”
felony
when,
without
9
authority
and
with
the
intent
to
commit
an
illegal
sex
act
upon
10
or
sexual
exploitation
of
a
minor
under
the
age
of
sixteen,
11
the
person
entices
or
attempts
to
entice
a
person
reasonably
12
believed
to
be
under
the
age
of
sixteen
including
a
law
13
enforcement
officer
or
agent
posing
as
a
minor
under
the
age
14
of
sixteen
.
15
3.
A
person
commits
a
class
“D”
felony
when,
without
16
authority
and
with
the
intent
to
commit
an
illegal
act
upon
a
17
minor
under
the
age
of
sixteen,
the
person
entices
a
person
18
reasonably
believed
to
be
under
the
age
of
sixteen
including
a
19
law
enforcement
officer
or
agent
posing
as
a
minor
under
the
20
age
of
sixteen
.
21
4.
A
person
commits
an
aggravated
misdemeanor
when,
without
22
authority
and
with
the
intent
to
commit
an
illegal
act
upon
23
a
minor
under
the
age
of
sixteen,
the
person
attempts
to
24
entice
a
person
reasonably
believed
to
be
under
the
age
of
25
sixteen
including
a
law
enforcement
officer
or
agent
posing
as
26
a
minor
under
the
age
of
sixteen
.
A
person
convicted
under
27
this
subsection
shall
not
be
subject
to
the
registration
28
requirements
under
chapter
692A
unless
the
finder
of
fact
29
determines
that
the
illegal
act
was
sexually
motivated.
30
Sec.
2.
Section
728.12,
subsection
1,
Code
2023,
is
amended
31
to
read
as
follows:
32
1.
It
shall
be
unlawful
to
employ,
use,
persuade,
induce,
33
entice,
coerce,
solicit,
knowingly
permit,
or
otherwise
cause
34
or
attempt
to
cause
a
minor
or
a
law
enforcement
officer
or
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agent
posing
as
a
minor
to
engage
in
a
prohibited
sexual
act
1
or
in
the
simulation
of
a
prohibited
sexual
act.
A
person
2
must
know,
or
have
reason
to
know,
or
intend
that
the
act
3
or
simulated
act
may
be
photographed,
filmed,
or
otherwise
4
preserved
in
a
visual
depiction.
A
person
who
commits
a
5
violation
of
this
subsection
commits
a
class
“C”
felony.
6
Notwithstanding
section
902.9
,
the
court
may
assess
a
fine
of
7
not
more
than
fifty
thousand
dollars
for
each
offense
under
8
this
subsection
in
addition
to
imposing
any
other
authorized
9
sentence.
10
Sec.
3.
Section
728.15,
subsection
1,
paragraph
b,
Code
11
2023,
is
amended
to
read
as
follows:
12
b.
A
person
shall
not
knowingly
disseminate
obscene
material
13
by
the
use
of
telephones
or
telephone
facilities
to
a
minor
or
14
a
law
enforcement
officer
or
agent
posing
as
a
minor
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
enticement
and
sexual
exploitation
19
of
minors
and
the
dissemination
of
obscene
material
to
minors
20
and
the
utilization
of
undercover
law
enforcement
officers
or
21
agents
posing
as
minors.
22
The
bill
provides
that
a
person
commits
a
class
“C”
felony
23
when,
without
authority
and
with
the
intent
to
commit
sexual
24
abuse
or
sexual
exploitation
upon
a
minor
under
the
age
of
13,
25
the
person
entices
or
attempts
to
entice
a
person
reasonably
26
believed
to
be
under
the
age
of
13
including
a
law
enforcement
27
officer
or
agent
posing
as
a
minor
under
the
age
of
13.
A
28
person
commits
a
class
“D”
felony
when,
without
authority
and
29
with
the
intent
to
commit
an
illegal
sex
act
upon
or
sexual
30
exploitation
of
a
minor
under
the
age
of
16,
the
person
entices
31
or
attempts
to
entice
a
person
reasonably
believed
to
be
under
32
the
age
of
16
including
a
law
enforcement
officer
or
agent
33
posing
as
a
minor
under
the
age
of
16.
A
person
commits
a
34
class
“D”
felony
when,
without
authority
and
with
the
intent
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to
commit
an
illegal
act
upon
a
minor
under
the
age
of
16,
the
1
person
entices
a
person
reasonably
believed
to
be
under
the
age
2
of
16
including
a
law
enforcement
officer
or
agent
posing
as
3
a
minor
under
the
age
of
16.
A
person
commits
an
aggravated
4
misdemeanor
when,
without
authority
and
with
the
intent
to
5
commit
an
illegal
act
upon
a
minor
under
the
age
of
16,
the
6
person
attempts
to
entice
a
person
reasonably
believed
to
be
7
under
the
age
of
16
including
a
law
enforcement
officer
or
8
agent
posing
as
a
minor
under
the
age
of
16.
9
The
bill
provides
that
it
is
unlawful
to
employ,
use,
10
persuade,
induce,
entice,
coerce,
solicit,
knowingly
permit,
11
or
otherwise
cause
or
attempt
to
cause
a
minor
under
the
age
12
of
18
or
a
law
enforcement
officer
or
agent
posing
as
a
minor
13
under
the
age
of
18
to
engage
in
a
prohibited
sexual
act
or
in
14
the
simulation
of
a
prohibited
sexual
act.
A
violation
of
this
15
provision
is
a
class
“C”
felony.
Notwithstanding
Code
section
16
902.9
(maximum
sentence
for
felons),
the
court
may
assess
a
17
fine
of
not
more
than
$50,000
for
each
offense
in
addition
to
18
imposing
any
other
authorized
sentence.
19
The
bill
provides
that
a
person
shall
not
knowingly
20
disseminate
obscene
material
by
the
use
of
telephones
or
21
telephone
facilities
to
a
minor
under
the
age
of
18
or
a
law
22
enforcement
officer
or
agent
posing
as
a
minor
under
the
age
23
of
18.
A
first
violation
of
this
provision
is
an
aggravated
24
misdemeanor,
and
any
subsequent
violation
is
a
class
“D”
25
felony.
26
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