Bill Text: IA SF470 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to sexual exploitation of a minor, and making penalties applicable.(Formerly SF 221.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-08 - Committee report, recommending passage. S.J. 256. [SF470 Detail]
Download: Iowa-2023-SF470-Introduced.html
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
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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470
Section
1.
Section
728.12,
subsection
3,
Code
2023,
is
1
amended
to
read
as
follows:
2
3.
a.
It
shall
be
unlawful
to
knowingly
purchase
or
possess
3
a
visual
depiction
containing
a
pictorial
representation
of
a
4
minor
engaging
in
a
prohibited
sexual
act
or
the
simulation
of
5
a
prohibited
sexual
act.
6
b.
A
visual
depiction
containing
pictorial
representations
7
of
different
minors
shall
be
prosecuted
and
punished
as
8
separate
offenses
for
each
pictorial
representation
of
a
9
different
minor
in
the
visual
depiction.
However,
violations
10
of
this
subsection
involving
multiple
visual
depictions
11
c.
A
visual
depiction
containing
pictorial
representations
12
of
the
same
minor
shall
be
prosecuted
and
punished
as
one
13
offense
separate
offenses
for
each
pictorial
representation
of
14
the
same
minor
.
15
d.
A
person
who
commits
a
violation
of
this
subsection
16
commits
an
aggravated
misdemeanor
for
a
first
offense
and
a
17
class
“D”
felony
for
a
second
or
subsequent
offense.
18
e.
For
purposes
of
this
subsection
,
an
offense
is
considered
19
a
second
or
subsequent
offense
if,
prior
to
the
person’s
having
20
been
convicted
under
this
subsection
,
any
of
the
following
21
apply:
22
a.
(1)
The
person
has
a
prior
conviction
or
deferred
23
judgment
under
this
subsection
.
24
b.
(2)
The
person
has
a
prior
conviction,
deferred
25
judgment,
or
the
equivalent
of
a
deferred
judgment
in
another
26
jurisdiction
for
an
offense
substantially
similar
to
the
27
offense
defined
in
this
subsection
.
The
court
shall
judicially
28
notice
the
statutes
of
other
states
that
define
offenses
29
substantially
similar
to
the
offense
defined
in
this
subsection
30
and
that
therefore
can
be
considered
corresponding
statutes.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
sexual
exploitation
of
a
minor,
and
35
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S.F.
470
makes
penalties
applicable.
1
Current
law
provides
that
it
is
unlawful
to
knowingly
2
purchase
or
possess
a
visual
depiction
of
a
minor
engaging
in
a
3
prohibited
sexual
act
or
the
simulation
of
a
prohibited
sexual
4
act.
A
visual
depiction
containing
pictorial
representations
5
of
different
minors
shall
be
prosecuted
and
punished
as
6
separate
offenses
for
each
pictorial
representation
of
a
7
different
minor
in
the
visual
depiction.
However,
violations
8
involving
multiple
visual
depictions
containing
pictorial
9
representations
of
the
same
minor
shall
be
prosecuted
and
10
punished
as
one
offense.
11
The
bill
provides
that
a
person
who
knowingly
purchases
12
or
possesses
multiple
visual
depictions
containing
pictorial
13
representations
of
the
same
minor
engaging
in
prohibited
sexual
14
acts
or
the
simulation
of
prohibited
sexual
acts
shall
be
15
prosecuted
and
punished
as
separate
offenses.
16
A
person
who
commits
a
violation
of
this
subsection
commits
17
an
aggravated
misdemeanor
for
a
first
offense
and
a
class
“D”
18
felony
for
a
second
or
subsequent
offense.
An
aggravated
19
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
20
years
and
a
fine
of
at
least
$855
but
not
more
than
$8,540.
A
21
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
22
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
23
$10,245.
24
A
violation
of
Code
section
728.12(3)
is
a
tier
II
sex
25
offense
and
a
person
convicted
of
the
offense
is
required
to
26
register
as
a
sex
offender.
A
person
convicted
of
the
offense
27
is
also
subject
to
a
10-year
special
sentence
imposed
in
28
addition
to
any
other
sentence.
29
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