Bills › 90th General Assembly
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
Topics:Crime & corrections
Where it is now
- Done: IntroducedJanuary 16, 2024
- Done: SubcommitteeJanuary 17, 2024
- Done: House committeeJanuary 30, 2024
- Skipped: Passes the HouseContinued as HF 2241
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2241 → Its progress continues under the new number. Go to HF 2241 What’s a funnel?
What’s in it
AI summary It is now illegal to create or change pictures and videos to make it look like a real child is performing sexual acts. This law applies even if the person making the images does not know the actual identity of the child being shown. People who break this law could face prison time and expensive fines.1
Read the official explanation
This bill relates to sexual exploitation of a minor by the knowing use of a visual depiction of a minor to create, adapt, or modify a photograph or film with the intent to falsely depict the minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. Current law provides that it is unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. The bill does not require proof of the actual identity of the identifiable minor. The bill provides that “visual depiction of a minor” includes any visual depiction that has been created, adapted, or modified to give the appearance that an identifiable minor is engaged in a prohibited sexual act or the simulation of a prohibited sexual act. An “identifiable minor” is a person who was a minor at the time the visual depiction was created, adapted, or modified, or whose image as a minor was used in creating, adapting, or modifying the visual depiction and is recognizable as an actual person by the person’s face, likeness, or other distinguishing features. “Visual depiction” is defined in Code chapter 728 (obscenity) to include any picture, slide, photograph, digital or electronic image, negative image, undeveloped film, motion picture, videotape, digital or electronic recording, live transmission, or other pictorial or three-dimensional representation.12(3) is a class “D” felony for a first offense and a class “C” felony for a second or subsequent offense. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660.
House subcommittee
Named January 17, 2024. On January 23, 2024 it recommended passage. Vote Total: 2-1.
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
1 written public comment to its subcommittee: January 23, 2024 (1) · on the Legislature’s site
Fiscal note
AI summary This bill expands the definition of sexual exploitation of a minor to include visual depictions that have been modified to appear as an identifiable minor engaging in a prohibited sexual act. While the bill may increase the number of offenders admitted to prison, the exact increase in costs to the Department of Corrections is unknown. The estimated impact to the General Fund includes operating costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
Senate File 2243 expands the definition of the sexual exploitation of a minor under Iowa Code section 728.12(3) to include any type of visual depiction that has been created, adapted, or modified to give the appearance that an identifiable minor is engaging in a prohibited sexual act or in the simulation of a prohibited sexual act.
Background
Iowa Code section 728.12 establishes the penalties for the sexual exploitation of a minor. Under current law, a person who commits a violation of Iowa Code section 728.12(3) (purchase or possession of visual depictions) commits a Class D felony for a first offense and a Class C felony for a second or subsequent offense.
In FY 2023, 40 individuals were convicted of the sexual exploitation of a minor under Iowa Code section 728.12(3). In the same fiscal year, 6 individuals were admitted to prison and 15 individuals were admitted to probation on the most serious offense under Iowa Code section 728.12(3).
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but not more than $13,660. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay 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 2243 expands the definition of an existing offense. The correctional impact cannot be estimated because it is not known how many additional convictions would result from the changes in definitions. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class C felonies and Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
The minority impact cannot be determined since it is not known how many additional crimes would result from the changes in definitions. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 2243 may increase the number of offenders admitted to prison under Iowa Code section 728.12(3). However, the extent of the increase in costs to the Department of Corrections (DOC) is unknown.
Figure 2 shows the average State cost per offense for a Class D and Class C felony. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Figure 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Final Fiscal Note — Sexual Exploitation of Minors, Use of Falsely Created Images— · April 30, 2024
- Sexual Exploitation of Minors, Use of Falsely Created Images · March 1, 2024
- Sexual Exploitation of Minors, Use of Falsely Created Images · February 22, 2024