Iowa 2023-2024 Regular Session

Iowa Senate Bill SF2136

Introduced
1/29/24  
Introduced
1/29/24  

Caption

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 SF 2243.)

Impact

The bill significantly modifies Section 728.12 of the Iowa Code to specify that a person could face increased charges based on the number of minors depicted, treating each identifiable minor as a separate offense. Notably, a first offense under this section is classified as a Class D felony, while subsequent offenses escalate to a Class C felony. The penalties for these felonies include potential confinement and substantial fines, thereby intensifying the legal repercussions for those engaging in such exploitative conduct.

Summary

Senate File 2136 (SF2136) is a bill that addresses the issue of sexual exploitation of minors through the use of visual depictions. It aims to amend existing laws to include the creation, adaptation, or modification of images to falsely portray a minor as engaged in prohibited sexual acts. The bill establishes that it is unlawful to knowingly purchase or possess such depictions. Furthermore, the bill clarifies that the actual identity of the identifiable minor does not need to be proven for prosecution, which expands the scope of offenses related to this type of exploitation.

Contention

Discussions surrounding SF2136 may center on the balance between protecting children from exploitation and concerns regarding the implications of broad definitions of visual depictions. Critics may voice apprehensions about the enforcement and interpretation of the bill, including the potential for overreach. Supporters argue that the bill is necessary to provide stronger legal tools to combat child exploitation in the digital age, where visual content can easily be manipulated to misrepresent minors.

Companion Bills

IA HF2049

Similar To 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.)

IA HF2241

Similar To 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.(Formerly HF 2049.)

IA SF2243

Similar To 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. (Formerly SF 2136.) Effective date: 07/01/2024.

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