Bill Text: IA HF2049 | 2023-2024 | 90th General Assembly | Introduced
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.(See HF 2241.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-03-06 - Withdrawn. H.J. 535. [HF2049 Detail]
Download: Iowa-2023-HF2049-Introduced.html
House
File
2049
-
Introduced
HOUSE
FILE
2049
BY
HAYES
A
BILL
FOR
An
Act
relating
to
sexual
exploitation
of
a
minor
by
the
1
creation,
adaptation,
or
modification
of
a
visual
depiction
2
to
give
the
appearance
that
an
identifiable
minor
is
engaged
3
in
a
prohibited
sexual
act
or
the
simulation
of
a
prohibited
4
sexual
act,
and
making
penalties
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
728.12,
subsection
3,
Code
2024,
is
1
amended
to
read
as
follows:
2
3.
a.
It
shall
be
unlawful
to
knowingly
purchase
or
possess
3
a
visual
depiction
of
a
minor
engaging
in
a
prohibited
sexual
4
act
or
the
simulation
of
a
prohibited
sexual
act.
5
b.
A
visual
depiction
containing
pictorial
representations
6
of
different
minors
shall
be
prosecuted
and
punished
as
7
separate
offenses
for
each
pictorial
representation
of
a
8
different
minor
in
the
visual
depiction.
However,
violations
9
of
this
subsection
involving
multiple
visual
depictions
of
the
10
same
minor
shall
be
prosecuted
and
punished
as
one
offense.
11
c.
A
person
who
commits
a
violation
of
this
subsection
12
commits
a
class
“D”
felony
for
a
first
offense
and
a
class
“C”
13
felony
for
a
second
or
subsequent
offense.
14
d.
For
purposes
of
this
subsection
,
an
offense
is
considered
15
a
second
or
subsequent
offense
if,
prior
to
the
person’s
having
16
been
convicted
under
this
subsection
,
the
person
has
a
prior
17
conviction
or
deferred
judgment
under
this
subsection
or
has
a
18
prior
conviction
or
deferred
judgment
in
another
jurisdiction
19
for
a
substantially
similar
offense.
The
court
shall
20
judicially
notice
the
statutes
of
other
states
that
define
21
offenses
substantially
similar
to
the
offenses
defined
in
this
22
subsection
and
that
therefore
can
be
considered
corresponding
23
statutes.
24
e.
Nothing
in
this
subsection
shall
be
construed
to
require
25
proof
of
the
actual
identity
of
the
identifiable
minor.
26
f.
For
purposes
of
this
subsection,
“visual
depiction
27
of
a
minor”
includes
any
visual
depiction
that
has
been
28
created,
adapted,
or
modified
to
give
the
appearance
that
an
29
identifiable
minor
is
engaged
in
a
prohibited
sexual
act
or
the
30
simulation
of
a
prohibited
sexual
act.
An
“identifiable
minor”
31
is
a
person
who
was
a
minor
at
the
time
the
visual
depiction
was
32
created,
adapted,
or
modified,
or
whose
image
as
a
minor
was
33
used
in
creating,
adapting,
or
modifying
the
visual
depiction
34
and
is
recognizable
as
an
actual
person
by
the
person’s
face,
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2049
likeness,
or
other
distinguishing
features.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
sexual
exploitation
of
a
minor
by
the
5
knowing
use
of
a
visual
depiction
of
a
minor
to
create,
adapt,
6
or
modify
a
photograph
or
film
with
the
intent
to
falsely
7
depict
the
minor
engaging
in
a
prohibited
sexual
act
or
the
8
simulation
of
a
prohibited
sexual
act.
9
Current
law
provides
that
it
is
unlawful
to
knowingly
10
purchase
or
possess
a
visual
depiction
of
a
minor
engaging
in
a
11
prohibited
sexual
act
or
the
simulation
of
a
prohibited
sexual
12
act.
13
The
bill
does
not
require
proof
of
the
actual
identity
of
the
14
identifiable
minor.
15
The
bill
provides
that
“visual
depiction
of
a
minor”
16
includes
any
visual
depiction
that
has
been
created,
adapted,
17
or
modified
to
give
the
appearance
that
an
identifiable
minor
18
is
engaged
in
a
prohibited
sexual
act
or
the
simulation
of
a
19
prohibited
sexual
act.
An
“identifiable
minor”
is
a
person
20
who
was
a
minor
at
the
time
the
visual
depiction
was
created,
21
adapted,
or
modified,
or
whose
image
as
a
minor
was
used
in
22
creating,
adapting,
or
modifying
the
visual
depiction
and
23
is
recognizable
as
an
actual
person
by
the
person’s
face,
24
likeness,
or
other
distinguishing
features.
“Visual
depiction”
25
is
defined
in
Code
chapter
728
(obscenity)
to
include
any
26
picture,
slide,
photograph,
digital
or
electronic
image,
27
negative
image,
undeveloped
film,
motion
picture,
videotape,
28
digital
or
electronic
recording,
live
transmission,
or
other
29
pictorial
or
three-dimensional
representation.
30
A
violation
of
Code
section
728.12(3)
is
a
class
“D”
felony
31
for
a
first
offense
and
a
class
“C”
felony
for
a
second
or
32
subsequent
offense.
A
class
“D”
felony
is
punishable
by
33
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
34
$1,025
but
not
more
than
$10,245.
A
class
“C”
felony
is
35
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