Proyectos de ley › 91.ª Asamblea General
Relating to sexual exploitation of a minor, and making penalties applicable
Presentado por el comité Judiciary del Senado, Sen. Charlie McClintock (R)
Temas:Crime & corrections
La misma legislación: SF 32
Dónde está ahora
- Hecho: Presentado14 de enero de 2025
- Hecho: Subcomité15 de enero de 2025
- Hecho: Comité del Senado29 de enero de 2025
- Hecho: Lo aprueba el Senado24 de marzo de 202549–0
- Hecho: Comité de la Cámara1 de abril de 2025
- Hecho: Lo aprueba la Cámara23 de abril de 202592–0
- Hecho: A gobernador(a)6 de mayo de 2025
- Hecho: Firmado como ley6 de mayo de 2025
Firmado como ley ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA Under current law, people who possess multiple illegal images of the same child are only charged with one crime. This bill changes that rule so that each individual image counts as a separate offense. This change affects how people are prosecuted and punished for possessing illegal depictions of minors. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to sexual exploitation of a minor.12(3) prohibits knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. Currently, visual depictions containing pictorial representations of different minors are prosecuted and punished as separate offenses for each pictorial representation of a different minor. However, violations involving multiple visual depictions containing pictorial representations of the same minor are prosecuted and punished as one offense. The bill provides that knowingly purchasing or possessing multiple visual depictions containing pictorial representations of the same minor engaging in prohibited sexual acts or the simulation of prohibited sexual acts shall be prosecuted and punished as separate offenses.12(3) commits 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 $13,660.12(3) is a tier II sex offense and a person convicted of the offense is required to register as a sex offender. A person convicted of the offense is also subject to a 10-year special sentence imposed in addition to any other sentence.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2
House subcommittee
Named March 31, 2025. On March 31, 2025 it recommended passage.
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 comentario público por escrito a su subcomité: 22 de enero de 2025 (1) · en el sitio de la Legislatura
Nota fiscal
Can’t be estimated Compare con otros proyectos
Resumen con IA This bill allows for the prosecution and punishment of multiple visual depictions of the same minor as separate offenses. While this may increase the number of convictions, the exact increase in costs to the Department of Corrections cannot be estimated. The potential impact on the General Fund would include operating costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 150 amends Iowa Code section 728.12(3)(b) to provide that knowingly purchasing or possessing multiple visual depictions containing pictorial representations of the same minor engaging in prohibited sexual acts or the simulation of prohibited sexual acts are to be prosecuted and punished as separate offenses.
Background
Iowa Code section 728.12(3) prohibits knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. Under current law, a person who violates this Iowa Code section commits a Class D felony for a first offense and a Class C felony for a second or subsequent offense.
Under Iowa Code section 728.12(3)(b), visual depictions containing representations of different minors are prosecuted and punished as separate offenses for each representation of a different minor in the visual depiction. However, violations of this Iowa Code section involving multiple visual depictions of the same minor are prosecuted and punished as one offense. In FY 2024, 59 individuals were convicted of the sexual exploitation of a minor under Iowa Code section 728.12(3). In the same fiscal year, 10 individuals were admitted to prison and 29 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.
A violation of Iowa Code section 728.12(3) is a Tier II sex offense and a person convicted of this offense is required to register as a sex offender. A person convicted of the offense is also subject to a 10-year special sentence imposed in addition to any other sentence.
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
The correctional impact cannot be estimated because it is not known how many additional convictions would result from treating each depiction as a separate offense. 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 13, 2025, 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 convictions would result from the changes under the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 13, 2025, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 150 may increase the number of convictions 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
Offense Class Average Cost
Class C Felony $14,900 to $25,600 Class D Felony $11,900 to $19,100
Sources
- Department of Corrections
- Department of Management (DOM) Criminal Justice Planning
- Final Fiscal Note — Sexual Exploitation of a Minor · 10 de junio de 2025
- Sexual Exploitation of a Minor · 11 de febrero de 2025
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§728.12
Cabildeo
9 a favor · 0 en contra · 7 indecisos · Quiénes →
Family tree
Tried before
91st General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in 2 earlier General Assemblies. None became law, though one got through a chamber.
- SF 470 Relating to sexual exploitation of a minor, and making penalties applicable90th General Assembly · Approved by committee · same titleCleared committee
- SF 2217 Relating to sexual exploitation of a minor, and making penalties applicable90th General Assembly · In committee · similarCleared committee
- SF 221 Relating to sexual exploitation of a minor, and making penalties applicable90th General Assembly · Renumbered as SF 470 · similarCleared committee
- HF 2446 Relating to sexual exploitation of a minor, and making penalties applicable89th General Assembly · Passed House · same titlePassed a chamber
- HF 2232 Relating to sexual exploitation of a minor, and making penalties applicable89th General Assembly · Renumbered as HF 2446 · similarCleared committee
Matched by wording or an identical title.