Bills › 90th General Assembly
Relating to harassment by the dissemination, publishing, distribution, or posting of a visual depiction showing another person in a state of full or partial nudity or engaged in a sex act that has been altered to falsely depict another person, and making penalties applicable
Sponsored by the House Judiciary Committee
Topics:Crime & corrections
Same legislation: HF 2048
Where it is now
- Done: IntroducedJanuary 16, 2024
- Done: SubcommitteeJanuary 17, 2024
- Done: House committeeJanuary 30, 2024
- Done: Passes the HouseMarch 6, 202494–0
- Done: Senate committeeMarch 12, 2024
- Done: Passes the SenateMarch 19, 202449–0
- Done: To the GovernorApril 19, 2024
- Done: Signed into lawApril 19, 2024
Signed into law What’s a funnel?
What’s in it
AI summary This bill expands harassment laws to include people who use altered images to make someone look naked or like they are performing a sex act. It protects anyone who can be recognized by their face or other features in these fake pictures or videos. If someone does this to scare or annoy another person, they could face criminal charges and fines.1
Read the official explanation
This bill relates to harassment by the dissemination, publishing, distribution, or posting of a visual depiction showing another person in a state of full or partial nudity or engaged in a sex act that has been altered to falsely depict another person. Current law provides that a person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting. The bill provides that “another person” includes an individual, recognizable by the person’s face, likeness, or other distinguishing features, whose image is used to create, adapt, or modify a visual depiction to depict that other person as being in a state of full or partial nudity or engaged in a sex act. “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.7(1)(a)(5) is harassment in the first degree and is an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
Changed since by amendment S-5082; see Amendments.
Senate subcommittee
Named March 11, 2024. It hasn’t reported yet.
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 22, 2024 (1) · on the Legislature’s site
Fiscal note
Cost: up to $10,800 Compare with other bills
AI summary This bill expands the definition of harassment to include the non-consensual distribution of visual depictions showing nudity or sex acts. Because it is unknown how many additional convictions would result from this change, the fiscal impact cannot be estimated. If costs are incurred, they would affect the state's General Fund through the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
House File 2240 as amended by Senate amendment H-8224 expands the definition of harassment. Under the Bill as amended, a person who causes to be disseminated, published, distributed, or posted any visual depiction as defined in Iowa Code section 728.1 that shows another person in a state of full or partial nudity or engaged in a sex act, to which the other person has not consented to the dissemination, publication, distribution, or posting of the depiction, commits first-degree harassment, an aggravated misdemeanor. To be classified as an act of harassment under the Bill as amended, the person committing the act must be 18 years of age or older. The individual must register as a sex offender pursuant to Iowa Code chapter 692A.
Background
Under Iowa Code section 708.7, a person commits an act of harassment when, with the intent to intimidate, annoy, or alarm another person, the person does any of the following:
- Communicates with another person without a legitimate purpose.
- Places a simulated explosive or incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.
- Orders merchandise or services in the name of another, to be delivered to another, without the other person’s knowledge or consent.
- Reports, or causes to be reported, false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing that the act did not occur.
- Disseminates, publishes, distributes, posts or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting of the photograph or film. In FY 2023, there were 658 convictions under Iowa Code section 708.7 for first-degree harassment.
An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540.
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
House File 2240 as amended expands Iowa Code section 708.7(1)(a)(5) related to harassment. It is not known how many additional convictions of first-degree harassment would result from the expanded definition, and therefore, the correctional impact cannot be estimated. 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 aggravated misdemeanors. 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
House File 2240 as amended expands the definition of harassment. As a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill as amended. 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
House File 2240 as amended expands the definition of harassment, and the fiscal impact cannot be estimated due to a lack of existing conviction data. The average State cost per offense for an aggravated misdemeanor ranges from $7,500 to $10,800. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Harassment, Use of Falsely Created Images · March 20, 2024 · $10,800
- Harassment, Use of Falsely Created Images · February 8, 2024
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90th General Assembly