Read the full stored bill text
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
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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
explanation’s
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
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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.
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