Bill Text: IA SF2243 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to sexual exploitation of a minor by the creation, adaptation, or modification of a visual depiction to give the appearance that an identifiable minor is engaged in a prohibited sexual act or the simulation of a prohibited sexual act, and making penalties applicable. (Formerly SF 2136.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-04-30 - Fiscal note. [SF2243 Detail]
Download: Iowa-2023-SF2243-Enrolled.html
Senate
File
2243
-
Enrolled
Senate
File
2243
AN
ACT
RELATING
TO
SEXUAL
EXPLOITATION
OF
A
MINOR
BY
THE
CREATION,
ADAPTATION,
OR
MODIFICATION
OF
A
VISUAL
DEPICTION
TO
GIVE
THE
APPEARANCE
THAT
AN
IDENTIFIABLE
MINOR
IS
ENGAGED
IN
A
PROHIBITED
SEXUAL
ACT
OR
THE
SIMULATION
OF
A
PROHIBITED
SEXUAL
ACT,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
728.12,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
a.
It
shall
be
unlawful
to
knowingly
purchase
or
possess
a
visual
depiction
of
a
minor
engaging
in
a
prohibited
sexual
act
or
the
simulation
of
a
prohibited
sexual
act.
b.
A
visual
depiction
containing
pictorial
representations
of
different
minors
shall
be
prosecuted
and
punished
as
separate
offenses
for
each
pictorial
representation
of
a
different
minor
in
the
visual
depiction.
However,
violations
of
this
subsection
involving
multiple
visual
depictions
of
the
same
minor
shall
be
prosecuted
and
punished
as
one
offense.
c.
A
person
who
commits
a
violation
of
this
subsection
commits
a
class
“D”
felony
for
a
first
offense
and
a
class
“C”
felony
for
a
second
or
subsequent
offense.
d.
For
purposes
of
this
subsection
,
an
offense
is
considered
a
second
or
subsequent
offense
if,
prior
to
the
person’s
having
been
convicted
under
this
subsection
,
the
person
has
a
prior
conviction
or
deferred
judgment
under
this
subsection
or
has
a
prior
conviction
or
deferred
judgment
in
another
jurisdiction
Senate
File
2243,
p.
2
for
a
substantially
similar
offense.
The
court
shall
judicially
notice
the
statutes
of
other
states
that
define
offenses
substantially
similar
to
the
offenses
defined
in
this
subsection
and
that
therefore
can
be
considered
corresponding
statutes.
e.
Nothing
in
this
subsection
shall
be
construed
to
require
proof
of
the
actual
identity
of
the
identifiable
minor.
f.
For
purposes
of
this
subsection,
“visual
depiction
of
a
minor”
includes
any
visual
depiction
that
has
been
created,
adapted,
or
modified
to
give
the
appearance
that
an
identifiable
minor
is
engaged
in
a
prohibited
sexual
act
or
the
simulation
of
a
prohibited
sexual
act.
An
“identifiable
minor”
is
a
person
who
was
a
minor
at
the
time
the
visual
depiction
was
created,
adapted,
or
modified,
or
whose
image
as
a
minor
was
used
in
creating,
adapting,
or
modifying
the
visual
depiction
and
is
recognizable
as
an
actual
person
by
the
person’s
face,
likeness,
or
other
distinguishing
features.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2243,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
