Bill Text: IA SF2039 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the limitations of criminal actions in sexually motivated or exploitation offenses that involve a minor, modifying the criminal offense for disseminating obscene materials to minors, and providing penalties. (See SF 2226.)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-26 - Subcommittee, Petersen, Bisignano, and Whitver. S.J. 105. [SF2039 Detail]

Download: Iowa-2015-SF2039-Introduced.html

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Senate File 2039 - Introduced




                                 SENATE FILE       
                                 BY  PETERSEN

                                      A BILL FOR

  1 An Act relating to the limitations of criminal actions in
  2    sexually motivated or exploitation offenses that involve
  3    a minor, modifying the criminal offense for disseminating
  4    obscene materials to minors, and providing penalties.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5241XS (7) 86
    jm/rj

PAG LIN



  1  1    Section 1.  Section 272.2, subsection 14, paragraph b,
  1  2 subparagraph (1), subparagraph division (g), Code 2016, is
  1  3 amended to read as follows:
  1  4    (g)  Telephone Using electronic communication device
  1  5  dissemination of obscene material to minors under section
  1  6 728.15.
  1  7    Sec. 2.  Section 692A.102, subsection 1, paragraph a,
  1  8 subparagraph (10), subparagraph division (a), Code 2016, is
  1  9 amended to read as follows:
  1 10    (a)  Dissemination or exhibition of obscene material to
  1 11 minors in violation of section 728.2 or telephone dissemination
  1 12 of using electronic communication device to disseminate obscene
  1 13 material to minors in violation of section 728.15.
  1 14    Sec. 3.  Section 728.15, Code 2016, is amended to read as
  1 15 follows:
  1 16    728.15  Telephone dissemination of Using electronic
  1 17 communication device to disseminate obscene material to minors.
  1 18    1.  a.  As used in this section, "person" unless the context
  1 19 otherwise requires:
  1 20    a.  "Electronic communication device" means a telephone or
  1 21 a mobile telephone or other electronic device used to move
  1 22 information from one place to another.
  1 23    b.  "Person" excludes any information=access service provider
  1 24 that merely provides transmission capacity without control over
  1 25 the content of the transmission.
  1 26    b.  2.  A person shall not knowingly disseminate obscene
  1 27 material by the use of telephones or telephone facilities an
  1 28 electronic communication device to a minor.
  1 29    2.  3.  It shall be a defense in any prosecution for a
  1 30 violation of subsection 1 2 by a person accused of knowingly
  1 31 disseminating obscene material by the use of telephones an
  1 32 electronic communication device or telephone facilities to a
  1 33 minor that the person accused has taken either of the following
  1 34 measures to restrict access to the obscene material:
  1 35    a.  The person accused has done all of the following:
  2  1    (1)  Required the person receiving the obscene material to
  2  2 use an authorized access or identification code, as provided by
  2  3 the information provider, before transmission of the obscene
  2  4 material begins.
  2  5    (2)  Previously issued the code by mailing it to the
  2  6 applicant after taking reasonable measures to ascertain that
  2  7 the applicant was eighteen years of age or older.
  2  8    (3)  Established a procedure to immediately cancel the
  2  9 code of any person after receiving notice, in writing or by
  2 10 telephone electronic communication device, that the code has
  2 11 been lost, stolen, or used by persons under the age of eighteen
  2 12 years or that the code is no longer desired.
  2 13    b.  The person accused has required payment by credit card
  2 14 before transmission of the obscene material.
  2 15    3.  4.  Any list of applicants or recipients compiled or
  2 16 maintained by an information=access service provider for
  2 17 purposes of compliance with subsection 2 3 is confidential and
  2 18 shall not be sold or otherwise disseminated except upon order
  2 19 of the court.
  2 20    4.  5.  a.  A violation of subsection 1 2 is an aggravated
  2 21 misdemeanor.
  2 22    b.  A violation of subsection 1 2 by a person who has been
  2 23 previously convicted of a violation of subsection 1 2 is a
  2 24 class "D" felony.
  2 25    Sec. 4.  Section 802.2, subsection 1, Code 2016, is amended
  2 26 to read as follows:
  2 27    1.  An information or indictment for sexual abuse in the
  2 28 first, second, or third degree committed on or with a person
  2 29 who is under the age of eighteen years shall be found within
  2 30 ten twenty=five years after the person upon whom the offense
  2 31 is committed attains eighteen years of age, or if the person
  2 32 against whom the information or indictment is sought is
  2 33 identified through the use of a DNA profile, an information or
  2 34 indictment shall be found within three years from the date the
  2 35 person is identified by the person's DNA profile, whichever is
  3  1 later.
  3  2    Sec. 5.  Section 802.2B, subsection 6, Code 2016, is amended
  3  3 by striking the subsection.
  3  4    Sec. 6.  NEW SECTION.  802.2C  Sexually motivated offenses ==
  3  5 minors.
  3  6    An information or indictment for a violation of section
  3  7 728.2 or 728.3, 728.5, subsection 1, paragraph "f", 728.5,
  3  8 subsection 2, or section 728.12, 728.14, or 728.15 committed on
  3  9 or with a person who is under the age of eighteen years shall be
  3 10 found within twenty=five years after the person upon whom the
  3 11 offense is committed attains eighteen years of age, or if the
  3 12 person against whom the information or indictment is sought is
  3 13 identified through the use of a DNA profile, an information or
  3 14 indictment shall be found within three years from the date the
  3 15 person is identified by the person's DNA profile, whichever is
  3 16 later.
  3 17    Sec. 7.  Section 802.3, Code 2016, is amended to read as
  3 18 follows:
  3 19    802.3  Felony == aggravated or serious misdemeanor.
  3 20    In all cases, except those enumerated in section 802.1,
  3 21 802.2, 802.2A, 802.2B, 802.2C, or 802.10, an indictment or
  3 22 information for a felony or aggravated or serious misdemeanor
  3 23 shall be found within three years after its commission.
  3 24    Sec. 8.  Section 802.4, Code 2016, is amended to read as
  3 25 follows:
  3 26    802.4  Simple misdemeanor == ordinance.
  3 27    A In all cases except for any case enumerated in section
  3 28 802.2C, a prosecution for a simple misdemeanor or violation
  3 29 of a municipal or county rule or ordinance shall be commenced
  3 30 within one year after its commission.
  3 31    Sec. 9.  Section 802.10, subsection 3, Code 2016, is amended
  3 32 to read as follows:
  3 33    3.  However, notwithstanding subsection 2, an indictment
  3 34 or information shall be found against a person within three
  3 35 years from the date the person is identified by the person's
  4  1 DNA profile. If the action involves sexual abuse or another
  4  2 sexual offense, the indictment or information shall be found as
  4  3 provided in section 802.2, or 802.2B, or 802.2C, if the person
  4  4 is identified by the person's DNA profile.
  4  5                           EXPLANATION
  4  6 The inclusion of this explanation does not constitute agreement with
  4  7 the explanation's substance by the members of the general assembly.
  4  8    This bill relates to the limitations of criminal actions
  4  9 (statute of limitations) in sexually motivated or exploitation
  4 10 offenses that involve a minor and modifies the criminal offense
  4 11 for disseminating obscene materials to minors.
  4 12    SEXUAL ABUSE.  The bill amends Code section 802.2 by allowing
  4 13 an indictment or information for sexual abuse in the first,
  4 14 second, or third degree committed on or with a person under 18
  4 15 years of age to be found within 25 years after the person upon
  4 16 whom the offense is committed attains 18 years of age.
  4 17    Current law provides that an indictment or information for
  4 18 sexual abuse in the first, second, or third degree committed
  4 19 on or with a person under 18 years of age shall be found within
  4 20 10 years after the person upon whom the offense is committed
  4 21 attains 18 years of age.
  4 22    A person who commits sexual abuse in the first degree
  4 23 commits a class "A" felony and is subject to a special sentence
  4 24 under Code section 903B.1 for the rest of the person's life
  4 25 if the person ever completes the sentence for the underlying
  4 26 criminal offense. A person who commits sexual abuse in the
  4 27 second degree commits a class "B" felony  and is subject to
  4 28 a special sentence under Code section 903B.1 for the rest of
  4 29 the person's life upon completion of the sentence for the
  4 30 underlying criminal offense.  A person who commits sexual
  4 31 abuse in the third degree commits a class "C" felony and is
  4 32 subject to a special sentence under Code section 903B.1 for
  4 33 the rest of the person's life upon completion of the sentence
  4 34 for the underlying criminal offense.  A person who commits any
  4 35 sexual abuse offense must register as a sex offender under Code
  5  1 section 692A.
  5  2    SEXUALLY MOTIVATED OR EXPLOITATION OFFENSES.  The bill
  5  3 creates new Code section 802.2C which allows an information
  5  4 or indictment for the following felony and aggravated and
  5  5 serious misdemeanor offenses and one simple misdemeanor offense
  5  6 committed on or with either a child under 14 years of age or a
  5  7 person under 18 years of age to be found within 25 years after
  5  8 the person upon whom the offense is committed attains 18 years
  5  9 of age: dissemination and exhibition of obscene material to
  5 10 minors in violation of Code section 728.2, admitting minors to
  5 11 premises where obscene material is exhibited in violation of
  5 12 Code section 728.3, public indecent exposure in violation of
  5 13 Code section 728.5(1)(f) or 728.5(2), sexual exploitation of a
  5 14 minor in violation of Code section 728.12, commercial film and
  5 15 photographic print processor reports of depictions of minors
  5 16 engaged in prohibited sexual acts in violation of Code section
  5 17 728.14 (simple misdemeanor), and the criminal offense now known
  5 18 as using an electronic communication device to disseminate
  5 19 obscene material to minors in violation of Code section 728.15.
  5 20    Current law provides that an indictment or information for
  5 21 the offenses listed in the bill be found within three years
  5 22 after its commission.  However, under current law for sexual
  5 23 exploitation of a minor in violation of Code section 728.12,
  5 24 an indictment or information may be found 10 years after the
  5 25 person upon whom the offense is committed attains 18 years of
  5 26 age, and for depictions of minors engaged in prohibited acts in
  5 27 violation of Code section 728.14, an information may be found
  5 28 one year after the commission of the offense.
  5 29    A person who commits dissemination and exhibition of obscene
  5 30 material to minors commits a serious misdemeanor and must
  5 31 register as a sex offender.  A person who commits admitting
  5 32 minors to premises where obscene material is exhibited commits
  5 33 a serious or aggravated misdemeanor and must register as a
  5 34 sex offender.  A person who commits public indecent exposure
  5 35 commits a serious or aggravated misdemeanor.  A person who
  6  1 commits sexual exploitation of a minor commits an aggravated
  6  2 misdemeanor or a class "C" or class "D" felony depending on
  6  3 the facts and circumstances of the case and must register
  6  4 as a sex offender. A person who commits a felonious sexual
  6  5 exploitation of a minor is also subject to a special sentence
  6  6 under Code section 903B.1 for the rest of the person's life or
  6  7 a special Code section 903B.2 for 10 years upon completion of
  6  8 the sentence for the underlying criminal offense. A person
  6  9 who commits commercial film and photographic print processor
  6 10 reports of depictions of minors engaged in prohibited sexual
  6 11 acts commits a simple misdemeanor.  A person who commits
  6 12 the criminal offense now known under the bill as using an
  6 13 electronic communication device to disseminate obscene material
  6 14 to minors commits an aggravated misdemeanor or class "D" felony
  6 15 and must register as a sex offender.
  6 16    DNA PROFILE.  The bill also provides that if the person
  6 17 against whom the information or indictment is sought is
  6 18 identified through the use of a DNA profile for an offense
  6 19 described in the bill, an information or indictment shall be
  6 20 found within 25 years after the victim attains 18 years of age,
  6 21 or within three years from the date the person is identified by
  6 22 the person's DNA profile, whichever is later.
  6 23    ELECTRONIC DISSEMINATION OF OBSCENE MATERIAL.  The bill
  6 24 also amends Code section 728.15 by striking references to
  6 25 "telephone" and changing the name of the criminal offense
  6 26 of "telephone dissemination of obscene material to minors"
  6 27 to "using electronic communication device to disseminate
  6 28 obscene material to minors".  The bill defines "electronic
  6 29 communication device" to mean a telephone or a mobile telephone
  6 30 or other electronic device used to move information from one
  6 31 place to another.  The criminal penalty for a violation of
  6 32 Code section 728.15 remains an aggravated misdemeanor or class
  6 33 "D" felony depending on the facts and circumstances of the
  6 34 violation.
       LSB 5241XS (7) 86
       jm/rj