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Bill > SF32


IA SF32

A bill for an act relating to sexual exploitation of a minor, and making penalties applicable.(See SF 150.)


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to sexual exploitation of a minor. Code section 728.12(3) prohibits knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. Currently, visual depictions containing pictorial representations of different minors are prosecuted and punished as separate offenses for each pictorial representation of a different minor. However, violations involving multiple visual depictions containing pictorial representations of the same minor are prosecuted and punished as one offense. The bill provides that knowingly purchasing or possessing multiple visual depictions containing pictorial representations of the same minor engaging in prohibited sexual acts or the simulation of prohibited sexual acts shall be prosecuted and punished as separate offenses. A person who commits a violation of Code section 728.12(3) commits a class “D” felony for a first offense and a class “C” felony for a second or subsequent offense. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A violation of Code section 728.12(3) is a tier II sex offense and a person convicted of the offense is required to register as a sex offender. A person convicted of the offense is also subject to a 10-year special sentence imposed in addition to any other sentence.

AI Summary

This bill modifies existing Iowa law regarding sexual exploitation of minors by changing how multiple visual depictions involving the same minor are prosecuted. Currently, if someone possesses multiple images of the same minor engaging in prohibited sexual acts, these were treated as a single offense. Under this new legislation, each pictorial representation of the same minor will now be prosecuted and punished as a separate offense, effectively increasing potential penalties. The bill maintains the existing criminal classification, where a first offense is a class "D" felony (punishable by up to 5 years in prison and a fine between $1,025 and $10,245) and a second or subsequent offense is a class "C" felony (punishable by up to 10 years in prison and a fine between $1,370 and $13,660). The offense remains a tier II sex offense, which means a convicted person must register as a sex offender and is subject to a 10-year special sentence in addition to the primary sentence. The goal appears to be to more strictly penalize individuals who possess multiple sexually exploitative images of the same minor.

Committee Categories

Justice

Sponsors (1)

Last Action

Committee report approving bill, renumbered as SF 150. S.J. 163. (on 01/29/2025)

bill text


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