Relating to invasion of privacy, and making penalties applicable

Where it is now

Done: IntroducedJanuary 13, 2025
Done: SubcommitteeJanuary 14, 2025
Done: Senate committeeFebruary 12, 2025
Skipped: Passes the SenateContinued as SF 289
Next: House committee
Next: Passes the House
Next: To the Governor
Next: Signed into law

Became SF 289 → Its progress continues under the new number. Go to SF 289 What’s a funnel?

What’s in it

AI summary People who possess photos or videos taken of someone in a private, naked state without their permission would now be guilty of invasion of privacy. This change makes it a crime to simply have these images, even if the person didn't take them. Anyone convicted of this crime would have to register as a sex offender.¹

Read the official explanation

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 adds that a person who is in possession of such a photograph or film is guilty of invasion of privacy. A violation of Code section 709.21 is an aggravated misdemeanor and a tier II sex offense. A person convicted of the offense is required to register as a sex offender for a period of years.

Changed since by amendment S-3021; see Amendments.

Full bill text²

Senate subcommittee

Named January 14, 2025. On January 22, 2025 it recommended amendment and 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

10 written public comments to its subcommittee: March 31, 2025 (9), January 22, 2025 (1) · on the Legislature’s site

Fiscal note

AI summary Senate File 289 makes it a crime to knowingly possess a photograph or film of someone in a state of nudity for no legitimate purpose. The bill may increase the number of convictions, but the exact impact on the Department of Corrections cannot be determined. The estimated average state cost per offense for an aggravated misdemeanor is $6,800 to $11,800, which would affect the General Fund through costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.³

Read the fiscal note

Description

Senate File 289 adds that a person who is knowingly in possession, for no legitimate purpose, of a photograph or film that meets the conditions listed under Iowa Code section 709.21 commits invasion of privacy.

Background

Under Iowa Code section 709.21, a person who knowingly views, photographs, or films another person for the purpose of arousing or gratifying the sexual desire of any person is guilty of invasion of privacy if all of the following conditions are met:

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.
The other person has a reasonable expectation of privacy while in a state of full or partial nudity.

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. A violation of Iowa Code section 709.21 is a Tier II sex offense, and a person convicted of this offense is required to register as a sex offender for a period of 10 years.

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 of the Bill cannot be determined because the number of new convictions 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 an aggravated misdemeanor. 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 Months

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 Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 289 may increase the number of convictions under Iowa Code section 709.21; 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 an aggravated misdemeanor. 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