Bill Text: IA SSB3004 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to harassment and extortion involving a person whose image was used in creating, adapting, or modifying a photograph or film, and making penalties applicable.(See SF 2186.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-31 - Committee report approving bill, renumbered as SF 2186. [SSB3004 Detail]
Download: Iowa-2023-SSB3004-Introduced.html
Senate
Study
Bill
3004
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TECHNOLOGY
BILL
BY
CHAIRPERSON
COURNOYER)
A
BILL
FOR
An
Act
relating
to
harassment
and
extortion
involving
a
person
1
whose
image
was
used
in
creating,
adapting,
or
modifying
a
2
photograph
or
film,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
708.7,
subsection
1,
paragraph
a,
1
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
2
(5)
Disseminates,
publishes,
distributes,
posts,
or
3
causes
to
be
disseminated,
published,
distributed,
or
posted
a
4
photograph
or
film
showing
another
person
in
a
state
of
full
or
5
partial
nudity
or
engaged
in
a
sex
act,
knowing
that
the
other
6
person
has
not
consented
to
the
dissemination,
publication,
7
distribution,
or
posting.
For
purposes
of
this
subparagraph,
8
“another
person”
includes
a
person
whose
image
was
used
in
9
creating,
adapting,
or
modifying
a
photograph
or
film
with
10
the
intent
to
depict
that
other
person
who
is
recognizable
11
by
the
person’s
face,
likeness,
or
other
distinguishing
12
characteristic.
13
Sec.
2.
Section
711.4,
subsection
1,
Code
2024,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
h.
Threatens
to
disseminate,
publish,
16
distribute,
or
post
a
photograph
or
film
showing
another
17
person
in
a
state
of
full
or
partial
nudity
or
engaged
in
a
18
sex
act,
knowing
that
the
other
person
has
not
consented
to
19
the
dissemination,
publication,
distribution,
or
posting.
For
20
purposes
of
this
subsection,
“another
person”
includes
a
person
21
whose
image
was
used
in
creating,
adapting,
or
modifying
a
22
photograph
or
film
with
the
intent
to
depict
that
other
person
23
who
is
recognizable
by
the
person’s
face,
likeness,
or
other
24
distinguishing
characteristic.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
harassment
and
extortion
involving
a
29
person
whose
image
was
used
in
creating,
adapting,
or
modifying
30
a
photograph
or
film.
31
Under
current
Code
section
708.7(1)(a)(5),
a
person
32
commits
harassment
when,
with
intent
to
intimidate,
annoy,
33
or
alarm
another
person,
the
person
disseminates,
publishes,
34
distributes,
posts,
or
causes
to
be
disseminated,
published,
35
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distributed,
or
posted
a
photograph
or
film
showing
another
1
person
in
a
state
of
full
or
partial
nudity
or
engaged
in
a
sex
2
act,
knowing
that
the
other
person
has
not
consented
to
the
3
dissemination,
publication,
distribution,
or
posting.
4
The
bill
provides
that
for
purposes
of
the
above
provision,
5
“another
person”
includes
a
person
whose
image
was
used
in
6
creating,
adapting,
or
modifying
a
photograph
or
film
with
7
the
intent
to
depict
that
other
person
who
is
recognizable
8
by
the
person’s
face,
likeness,
or
other
distinguishing
9
characteristic.
10
A
violation
of
Code
section
708.7(1)(a)(5)
is
an
aggravated
11
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
12
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
13
$855
but
not
more
than
$8,540.
14
The
bill
provides
that
a
person
commits
extortion
with
the
15
purpose
of
obtaining
for
oneself
or
another
anything
of
value,
16
tangible
or
intangible,
including
labor
or
services,
if
the
17
person
threatens
to
disseminate,
publish,
distribute,
or
post
a
18
photograph
or
film
showing
another
person
in
a
state
of
full
or
19
partial
nudity
or
engaged
in
a
sex
act,
knowing
that
the
other
20
person
has
not
consented
to
the
dissemination,
publication,
21
distribution,
or
posting.
The
bill
provides
that
“another
22
person”
includes
a
person
whose
image
was
used
in
creating,
23
adapting,
or
modifying
a
photograph
or
film
with
the
intent
to
24
depict
that
other
person
who
is
recognizable
by
the
person’s
25
face,
likeness,
or
other
distinguishing
characteristic.
26
Extortion
is
a
class
“D”
felony.
A
class
“D”
felony
is
27
punishable
by
confinement
for
no
more
than
five
years
and
a
28
fine
of
at
least
$1,025
but
not
more
than
$10,245.
29
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