Bills › 91st General Assembly
Establishing the criminal offense of unlawful electronic transmission of sexually explicit visual material, and providing penalties
Sponsored by Rep. Bill Gustoff (R)
Topics:Crime & correctionsPublic safety & emergencies
Same legislation: HF 899
Where it is now
- Done: IntroducedJanuary 14, 2025
- Done: SubcommitteeJanuary 15, 2025
- Done: House committeeMarch 5, 2025
- Skipped: Passes the HouseContinued as HF 899
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 899 → Its progress continues under the new number. Go to HF 899 What’s a funnel?
What’s in it
AI summary People who intentionally send unwanted sexually explicit photos or videos to others through electronic devices would be committing a new crime. If convicted, these individuals face jail time, fines, and must register as sex offenders. They would also be placed under the supervision of the Iowa Department of Corrections for several years.1
Read the official explanation
This bill establishes the criminal offense of unlawful electronic transmission of sexually explicit visual material. The bill provides that a person who is years of age or older who knowingly sends an unsolicited picture or video by electronic means depicting any person’s genitals or pubic area, any person engaging in a sex act, or the covered genitals of a male person that are in a discernibly turgid state is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. A person convicted of a violation of the bill is required to register as a sex offender. parole.
House subcommittee
Named January 15, 2025. On January 22, 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
2 written public comments to its subcommittee: January 22, 2025 (2) · on the Legislature’s site
Fiscal note
AI summary This bill creates a new criminal offense for adults who knowingly send unsolicited and unwanted sexually explicit pictures or videos by electronic means. Because this is a new offense, the fiscal impact on the state's General Fund, including costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, cannot be estimated.3
Read the fiscal note
Description
House File 899 relates to indecent exposure, including the unsolicited electronic transmission of sexually explicit visual material.
Under the Bill, a person who is 18 years of age or older commits a serious misdemeanor if the person knowingly sends a picture or video containing sexually explicit material, which the person knows or reasonably should know is unsolicited and unwanted by the recipient, by electronic means.
Background
A serious misdemeanor is punishable by no more than one year of confinement and a fine of at least $430 but not more than $2,560.
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 899 creates a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction data. 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 serious misdemeanors. 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 Estimates and Length of Stay (LOS) in MonthsConviction Offense Class
Percent
Ordered to
State Prison
FY 2024 Avg
LOS in
Prison (All Releases)
Marginal
Cost Per
Day Prison
Percent
Ordered to
Probation
FY24 Field
Avg LOS on
Probation
Avg Cost
Per Day on
Probation
Marginal
Cost Per
Day CBC
Marginal
Cost Per
Day Jail
FY24 Field
Avg LOS on
Parole
Marginal
Cost Per
Day Parole
Serious Misdemeanor 2.4% N/A $24.51 53.4% 18.8 $7.68 $18.37 $50.00 N/A $7.68
Minority Impact
House File 899 creates a new criminal offense. As a result, the Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 899 creates a new criminal offense, and the fiscal impact is unknown. Figure 2 shows the average State cost per offense for a serious misdemeanor. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC).
Figure 2 — Average State Cost Per Offense
Offense Class Average Class
Serious Misdemeanor $420 to $5,000
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)
- Unsolicited Obscene Images, Criminal Penalty · March 20, 2025
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91st General Assembly
Similar bills
- SF 342 Establishing the criminal offense of unlawful electronic transmission of sexually explicit…91st General Assembly · In committeeNearly identical
Matched by wording or an identical title.