Senate File 32 - Introduced SENATE FILE 32 BY McCLINTOCK A BILL FOR An Act relating to sexual exploitation of a minor, and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1081XS (2) 91 as/js
S.F. 32 Section 1. Section 728.12, subsection 3, paragraph b, Code 1 2025, is amended to read as follows: 2 b. (1) A visual depiction containing pictorial 3 representations of different minors shall be prosecuted and 4 punished as separate offenses for each pictorial representation 5 of a different minor in the visual depiction. However, 6 violations 7 (2) Violations of this subsection involving multiple 8 visual depictions of the same minor shall be prosecuted and 9 punished as one offense separate offenses for each pictorial 10 representation of the same minor . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanations substance by the members of the general assembly. 14 This bill relates to sexual exploitation of a minor. 15 Code section 728.12(3) prohibits knowingly purchasing 16 or possessing a visual depiction of a minor engaging in 17 a prohibited sexual act or the simulation of a prohibited 18 sexual act. Currently, visual depictions containing pictorial 19 representations of different minors are prosecuted and punished 20 as separate offenses for each pictorial representation of a 21 different minor. However, violations involving multiple visual 22 depictions containing pictorial representations of the same 23 minor are prosecuted and punished as one offense. 24 The bill provides that knowingly purchasing or possessing 25 multiple visual depictions containing pictorial representations 26 of the same minor engaging in prohibited sexual acts or the 27 simulation of prohibited sexual acts shall be prosecuted and 28 punished as separate offenses. 29 A person who commits a violation of Code section 728.12(3) 30 commits a class D felony for a first offense and a class C 31 felony for a second or subsequent offense. A class D felony 32 is punishable by confinement for no more than five years and a 33 fine of at least $1,025 but not more than $10,245. A class C 34 felony is punishable by confinement for no more than 10 years 35 -1- LSB 1081XS (2) 91 as/js 1/ 2
S.F. 32 and a fine of at least $1,370 but not more than $13,660. 1 A violation of Code section 728.12(3) is a tier II sex 2 offense and a person convicted of the offense is required to 3 register as a sex offender. A person convicted of the offense 4 is also subject to a 10-year special sentence imposed in 5 addition to any other sentence. 6 -2- LSB 1081XS (2) 91 as/js 2/ 2