Iowa-2015-SF2039-Introduced
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:
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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.
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