Bill Text: IA SF2186 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: 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.(Formerly SSB 3004.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-04-19 - Amendment H-8379 filed. H.J. 930. [SF2186 Detail]
Download: Iowa-2023-SF2186-Introduced.html
Senate
File
2186
-
Introduced
SENATE
FILE
2186
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
3004)
A
BILL
FOR
An
Act
relating
to
harassment
and
extortion
involving
a
person
1
whose
image
was
used
in
creating,
adapting,
or
modifying
a
2
photograph
or
film,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5533SV
(2)
90
as/js
S.F.
2186
Section
1.
Section
708.7,
subsection
1,
paragraph
a,
1
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
2
(5)
Disseminates,
publishes,
distributes,
posts,
or
3
causes
to
be
disseminated,
published,
distributed,
or
posted
a
4
photograph
or
film
showing
another
person
in
a
state
of
full
or
5
partial
nudity
or
engaged
in
a
sex
act,
knowing
that
the
other
6
person
has
not
consented
to
the
dissemination,
publication,
7
distribution,
or
posting.
For
purposes
of
this
subparagraph,
8
“another
person”
includes
a
person
whose
image
was
used
in
9
creating,
adapting,
or
modifying
a
photograph
or
film
with
10
the
intent
to
depict
that
other
person
who
is
recognizable
11
by
the
person’s
face,
likeness,
or
other
distinguishing
12
characteristic.
13
Sec.
2.
Section
708.7,
Code
2024,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
7A.
A
person
who
commits
a
violation
of
16
subsection
1,
paragraph
“a”
,
subparagraph
(5),
that
results
in
17
the
victim
of
the
violation
committing
suicide,
in
addition
to
18
the
penalties
provided
in
subsection
2,
may
be
charged
with
19
involuntary
manslaughter
under
section
707.5.
20
Sec.
3.
Section
711.4,
subsection
1,
Code
2024,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
h.
Threatens
to
disseminate,
publish,
23
distribute,
or
post
a
photograph
or
film
showing
another
24
person
in
a
state
of
full
or
partial
nudity
or
engaged
in
a
25
sex
act,
knowing
that
the
other
person
has
not
consented
to
26
the
dissemination,
publication,
distribution,
or
posting.
For
27
purposes
of
this
subsection,
“another
person”
includes
a
person
28
whose
image
was
used
in
creating,
adapting,
or
modifying
a
29
photograph
or
film
with
the
intent
to
depict
that
other
person
30
who
is
recognizable
by
the
person’s
face,
likeness,
or
other
31
distinguishing
characteristic.
32
Sec.
4.
Section
711.4,
Code
2024,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
5.
A
person
who
commits
a
violation
of
35
-1-
LSB
5533SV
(2)
90
as/js
1/
3
S.F.
2186
subsection
1,
paragraph
“h”
,
that
results
in
the
victim
of
the
1
violation
committing
suicide,
in
addition
to
the
penalties
2
provided
in
subsection
2,
may
be
charged
with
involuntary
3
manslaughter
under
section
707.5.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
harassment
and
extortion
involving
a
8
person
whose
image
was
used
in
creating,
adapting,
or
modifying
9
a
photograph
or
film.
10
Under
current
Code
section
708.7(1)(a)(5),
a
person
11
commits
harassment
when,
with
intent
to
intimidate,
annoy,
12
or
alarm
another
person,
the
person
disseminates,
publishes,
13
distributes,
posts,
or
causes
to
be
disseminated,
published,
14
distributed,
or
posted
a
photograph
or
film
showing
another
15
person
in
a
state
of
full
or
partial
nudity
or
engaged
in
a
sex
16
act,
knowing
that
the
other
person
has
not
consented
to
the
17
dissemination,
publication,
distribution,
or
posting.
18
The
bill
provides
that
for
purposes
of
the
above
provision,
19
“another
person”
includes
a
person
whose
image
was
used
in
20
creating,
adapting,
or
modifying
a
photograph
or
film
with
21
the
intent
to
depict
that
other
person
who
is
recognizable
22
by
the
person’s
face,
likeness,
or
other
distinguishing
23
characteristic.
24
A
violation
of
Code
section
708.7(1)(a)(5)
is
an
aggravated
25
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
26
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
27
$855
but
not
more
than
$8,540.
28
The
bill
provides
that,
in
addition
to
the
above
penalties,
29
a
person
who
commits
a
violation
of
Code
section
708.7(1)(a)(5)
30
that
results
in
the
victim
of
the
violation
committing
suicide
31
may
be
charged
with
involuntary
manslaughter.
32
The
bill
provides
that
a
person
commits
extortion
with
the
33
purpose
of
obtaining
for
oneself
or
another
anything
of
value,
34
tangible
or
intangible,
including
labor
or
services,
if
the
35
-2-
LSB
5533SV
(2)
90
as/js
2/
3
S.F.
2186
person
threatens
to
disseminate,
publish,
distribute,
or
post
a
1
photograph
or
film
showing
another
person
in
a
state
of
full
or
2
partial
nudity
or
engaged
in
a
sex
act,
knowing
that
the
other
3
person
has
not
consented
to
the
dissemination,
publication,
4
distribution,
or
posting.
The
bill
provides
that
“another
5
person”
includes
a
person
whose
image
was
used
in
creating,
6
adapting,
or
modifying
a
photograph
or
film
with
the
intent
to
7
depict
that
other
person
who
is
recognizable
by
the
person’s
8
face,
likeness,
or
other
distinguishing
characteristic.
9
Extortion
is
a
class
“D”
felony.
A
class
“D”
felony
is
10
punishable
by
confinement
for
no
more
than
five
years
and
a
11
fine
of
at
least
$1,025
but
not
more
than
$10,245.
12
The
bill
provides
that
a
person
who
commits
a
violation
13
of
Code
section
711.4(5)(h)
that
results
in
the
victim
of
14
the
violation
committing
suicide
may
also
be
charged
with
15
involuntary
manslaughter.
16
-3-
LSB
5533SV
(2)
90
as/js
3/
3
