Proyectos de ley › 88.ª Asamblea General
Relating to the crime of invasion of privacy
Temas:Crime & corrections
Dónde está ahora
- Hecho: Presentado5 de febrero de 2020
- Hecho: Subcomité12 de febrero de 2020
- Hecho: Comité de la Cámara18 de febrero de 2020
- Se detuvo: Lo aprueba la CámaraMurió al terminar la Asamblea General
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2020 terminó el 14 de junio de 2020, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA People who secretly film or photograph others while they are naked would face new legal consequences. Under this change, the person does not have to be acting for sexual gratification to be found guilty of invasion of privacy. Those convicted would be required to register as sex offenders and could face jail time and fines. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
Under current law, to be guilty of invasion of privacy, a person must knowingly view, photograph, or film another person for the purpose of arousing or gratifying the sexual desire of any person, if the other person does not consent or is unable to consent to being viewed, photographed, or filmed; the other person is in a state of full or partial nudity; and the other person has a reasonable expectation of privacy while in a state of full or partial nudity. This bill eliminates the requirement that the person act for the purpose of arousing or gratifying the sexual desire of any person. A person found guilty of invasion of privacy is, upon conviction, guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A person convicted under the bill is classified as a tier II sex offender for the purposes of the sex offender registry.
House subcommittee
Named February 12, 2020. On February 17, 2020 it recommended indefinite postponement.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Resumen con IA This bill changes the law so that a person can be convicted of invasion of privacy even if they do not act with the intent to cause sexual arousal or gratification. Because it is unknown how many more people will be convicted or sent to prison, the fiscal impact on the state cannot be estimated. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 2286 eliminates the requirement that when a person knowingly views, photographs, or films another person, it must be for the purpose of arousing or gratifying the sexual desire of any person in order to be convicted of invasion of privacy.
Background
Under current law, to be guilty of invasion of privacy, a person must knowingly view, photograph, or film another person for the purpose of arousing or gratifying the sexual desire of any person, if the other person does not consent or is unable to consent to being viewed, photographed, or filmed; the other person is in a state of full or partial nudity; and the other person has a reasonable expectation of privacy while in a state of full or partial nudity. Invasion of privacy is an aggravated misdemeanor punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A person convicted under this Bill is also classified as a tier II sex offender for the purposes of the sex offender registry.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 2286 is estimated to increase the number of convictions for this offense and subsequently prison and community corrections admissions. In FY 2019, there were 163 invasion of privacy convictions under Iowa Code section 709.21(1). During the same year, there were 112 dismissals and acquittals of invasion of privacy charges. Under this Bill, it is possible that some of the dismissals may become convictions, but due to a lack of data on the reason for dismissal, a correctional impact cannot be estimated.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2020, for information related to the correctional system.
Minority Impact
Senate File 2286 expands the definition of a current crime, and a minority impact cannot be estimated due to a lack of data. In FY 2019, the invasion of privacy conviction demographics were as follows: 57.1% White; 6.6% AfricanAmerican; 5.1% Hispanic; and 3.0% Asian. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of SF 2286 cannot be estimated due to the unknown correctional impact. The average State cost for an aggravated misdemeanor ranges from $5,600 to $8,000. This estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections (DOC) for one conviction. The cost would be incurred across multiple years for prison and parole supervision and includes the cost of sex offender intensive supervision.
Sources
- Criminal and Juvenile Justice Planning, Department of Human Rights
- Department of Corrections
- Invasion of Privacy · 24 de febrero de 2020 · $8,000
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§709.21
Cabildeo
1 a favor · 1 en contra · 9 indecisos · Quiénes →
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Similar bills
- SF 289 Relating to invasion of privacy, and making penalties applicable91st General Assembly · Passed SenateSimilar
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