Senate File 342 - Introduced SENATE FILE 342 BY WESTRICH A BILL FOR An Act establishing the criminal offense of unlawful electronic 1 transmission of sexually explicit visual material, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2718XS (1) 91 as/js S.F. 342 Section 1. Section 692A.102, subsection 1, paragraph a, 1 Code 2025, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (06) Electronic transmission of sexually 3 explicit picture or video in violation of section 709.9A. 4 Sec. 2. NEW SECTION . 709.9A Electronic transmission of 5 sexually explicit visual material. 6 A person who is eighteen years of age or older commits a 7 serious misdemeanor if the person knowingly sends a picture 8 or video, which the person knows or reasonably should know 9 is unsolicited, by electronic means depicting any of the 10 following: 11 1. Any persons genitals or pubic area. 12 2. Any person engaging in a sex act, as defined in section 13 702.17. 14 3. The covered genitals of a male person that are in a 15 discernibly turgid state. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 This bill establishes the criminal offense of unlawful 20 electronic transmission of sexually explicit visual material. 21 The bill provides that a person who is 18 years of age or 22 older who knowingly sends an unsolicited picture or video by 23 electronic means depicting any persons genitals or pubic area, 24 any person engaging in a sex act, or the covered genitals of a 25 male person that are in a discernibly turgid state is guilty 26 of a serious misdemeanor. A serious misdemeanor is punishable 27 by confinement for no more than one year and a fine of at least 28 $430 but not more than $2,560. 29 A person convicted of a violation of the bill is required to 30 register as a sex offender. 31 A person convicted of a violation of the bill is also 32 required to be sentenced to a special sentence committing the 33 person into the custody of the director of the Iowa department 34 of corrections for a period of 10 years, with eligibility for 35 -1- LSB 2718XS (1) 91 as/js 1/ 2 S.F. 342 parole. 1 -2- LSB 2718XS (1) 91 as/js 2/ 2