Iowa 2023-2024 Regular Session Status: Enacted 1 R cosponsors

SF 84 — A bill for an act relating to the criminal offenses of sexual exploitation of a minor and stalking committed while utilizing a technological device, the enticement and sexual exploitation of minors and the dissemination of obscene material to minors and the utilization of undercover law enforcement officers or agents posing as minors, and providing penalties. Effective date: 07/01/2023.

Last action — Signed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 17, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on May 11, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

263 added · 285 removed

263 line(s) added, 285 removed.

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KimReynolds OFFICE O F T H E G O V E R N O R Adam Gregg G O V E R N O R LT G O V E R N O R May 11,2023 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines.Iowa 50319 Dear Mr.Secretary, Iherebytransmit:
Senate File 84 - Enrolled Senate File 84 AN ACT RELATING TO THE CRIMINAL OFFENSES OF SEXUAL EXPLOITATION OF A MINOR AND STALKING COMMITTED WHILE UTILIZING A TECHNOLOGICAL DEVICE, THE ENTICEMENT AND SEXUAL EXPLOITATION OF MINORS AND THE DISSEMINATION OF OBSCENE MATERIAL TO MINORS AND THE UTILIZATION OF UNDERCOVER LAW ENFORCEMENT OFFICERS OR AGENTS POSING AS MINORS, AND PROVIDING PENALTIES.
SenateFile84,an Actrelatingtothecriminaloffensesofsexualexploitationofaminor andstalkingcommitted whileutilizingatechnologicaldevice,theenticementandsexual exploitationofminorsandthedisseminationofobscenematerialtominorsandthe utilizationofundercoverlawenforcementofficersoragentsposingasminors,and providingpenalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveSenateFileisherebyapprovedonthisdate.
DIVISION I SEXUAL EXPLOITATION OF A MINOR Section 1.
Sincerely, o \ <l ^ Kim Reynolds Governor ofIowa cc:
Section 710.10, subsections 1, 2, 3, and 4, Code 2023, are amended to read as follows:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV RIGHT ''-•"nnnnrnm G E N E R A L .
A S S E M B l .
Y S e n a t e F i l e 8 4 A N A C T R E L A T I N G T O T H E C R I M I N A L O F F E N S E S O F S E X U A L E X P L O I T A T I O N O F A M I N O R A N D S T A L K I N G C O M M I T T E D W H I L E U T I L I Z I N G A T E C H N O L O G I C A L D E V I C E , T H E E N T I C E M E N T AND S E X U A L E X P L O I T A T I O N O F M I N O R S A N D T H E D I S S E M I N A T I O N O F O B S C E N E M A T E R I A L T O M I N O R S A N D T H E U T I L I Z A T I O N O F U N D E R C O V E R L A W E N F O R C E M E N T O F F I C E R S O R A G E N T S P O S I N G A S M I N O R S , A N D P R O V I D I N G P E N A L T I E S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O P T H E S T A T E O F I O W A :
D I V I S I O N I S E X U A L E X P L O I T A T I O N O F A M I N O R Section 1, Section 710.10, subsections 1 , 2, 3, and 4, Code 0 2 3 , a r e a m e n d e d t o r e a d a s f o l l o w s :
A person commits a class ^'C" felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed Senate File 84, p.
A person commits a class “C” felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed Senate File 84, p.
2 to be under the age of thirteen including a law enforcement officer or agent posing as a minor under the age of thirteen.
2 to be under the age of thirteen including a law enforcement officer or agent posing as a minor under the age of thirteen .
A person commits a class felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age o fs i x t e e n .
A person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen .
A person commits a class felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
A person commits a class “D” felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen .
Section 728.12, subsections 1, 2, and 3, Code 2023, a r a m e n dt or e aa s f o l l o w s :
Section 728.12, subsections 1, 2, and 3, Code 2023, are amended to read as follows:
A person who commits a violation of this subsection commits a class felony.
A person who commits a violation of this subsection commits a class “C” “B” felony.
3 s e n t e n c e .
3 sentence.
A person who commits a violation of this subsection commits a class felony.
A person who commits a violation of this subsection commits a class “D” “C” felony.
Notwithstanding section 902.9, the court may assess a fine of not more than twenty-five thousand dollars for each offense under this subsection in addition to imposing any other authorized s e n t e n c e .
Notwithstanding section 902.9, the court may assess a fine of not more than twenty-five thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence.
A person who commits a violation of this subsection commits an aggravated misdemeanor a class felony for a first offense and a class felony for a second or subsequent offense.
A person who commits a violation of this subsection commits an aggravated misdemeanor a class “D” felony for a first offense and a class “D” “C” felony for a second or subsequent offense.
For purposes of this subsection, an offense is considered a second or subsequent offense if, prior to the person's having been convicted under this subsection, any of the following apply;
For purposes of this subsection, an offense is considered a second or subsequent offense if, prior to the person’s having been convicted under this subsection, any of the following apply:
3-i—The person has a prior conviction or deferred judgment under t h i a u b a c c t i o n .
a.
^ — T h e peroon has a prior conviction#—deferred judgment,—or- the equivalent of a deferred judgment in another jurisdiction for an offense substantially similar to the offense defined in this ouboection.—The court ahall judicially notice the statutes of other states that define offenses substantially Senate Pile 84, p.
The person has a prior conviction or deferred judgment under this subsection.
4 eimilar t othe o f f e d e f i ni nt h i s s u b s e c tt h a tand thorcforG can bo considered corroaponding statutes.
b.
The person has a prior conviction, deferred judgment, or the equivalent of a deferred judgment in another jurisdiction for an offense substantially similar to the offense defined in this subsection.
The court shall judicially notice the statutes of other states that define offenses substantially Senate File 84, p.
4 similar to the offense defined in this subsection and that therefore can be considered corresponding statutes.
Section 728.15, subsection 1, paragraph b.
Section 728.15, subsection 1, paragraph b, Code 2023, is amended to read as follows:
Code 2023, is amended to read as follows:
b.
b, A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor or a law enforcement officer or agent posing as a minor.
A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor or a law enforcement officer or agent posing as a minor .
NEW SUBSECTION.
NEW SUBSECTION .
At the time of sentencing, the court shall determine when a person convicted of sexual exploitation of a minor as described in section 902.12, subsection 6, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 6, based upon all pertinent information including the person's criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
At the time of sentencing, the court shall determine when a person convicted of sexual exploitation of a minor as described in section 902.12, subsection 6, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 6, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
NEW SUBSECTION.
NEW SUBSECTION .
A person serving a sentence for a conviction of sexual exploitation of a minor in violation of section 728.12, subsection 1, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person's sentence as determined under section 901.11, subsection 6.
A person serving a sentence for a conviction of sexual exploitation of a minor in violation of section 728.12, subsection 1, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 6.
Section 903B.1, Code 2023, is amended to read as f o l l o w s :
Section 903B.1, Code 2023, is amended to read as follows:
903B.1 Special sentence — class '^B" or class '^C" felonies.
903B.1 Special sentence —— class “B” or class “C” felonies.
A person convicted of a class ^^C" felony or greater offense under chapter 709 or section 728.12, or a class "b" felony under section 713.3, subsection 1, paragraph , or a class ^*C" felony under—section 728.12» shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for the rest of the person's life, with eligibility for parole as provided in chapter 906.
A person convicted of a class “C” felony or greater offense under chapter 709 or section 728.12 , or a class “B” felony under section 713.3, subsection 1, paragraph “d”, or a class “C” felony under section 728.12, shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for the rest of the person’s life, with eligibility for parole as provided in chapter 906.
A special sentence shall be considered a category '^A" sentence for purposes of calculating earned time under section 903A.2.
A special sentence shall be considered a category “A” sentence for purposes of calculating earned time under section 903A.2.
Section 907.3, subsection 1, paragraph a.
Section 907.3, subsection 1, paragraph a, Code 2023, is amended by adding the following new subparagraph:
Code 2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH .
NEW SUBPARAGRAPH.
(15) The offense is a violation of section 728.12.
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( 1 5 )The Offense is a violation of s e c t i o n 7 2 8 .
1 2 .
NEW PARAGRAPH, j.
NEW PARAGRAPH .
In cases where the offender was convicted of sexual exploitation of a minor in violation of section 728.12, subsection 1 or 2, the court shall order restitution under this section in an amount to be determined by the court a sf o l l o w s :
j.
( 1 ) The court shall determine the full amount of the victim's losses that were incurred or are reasonably projected to be incurred by the victim as a result of the sexual exploitation of the victim, but in no case shall such amount be l e s t h at h r t h o u sd o l l a r s .
In cases where the offender was convicted of sexual exploitation of a minor in violation of section 728.12, subsection 1 or 2, the court shall order restitution under this section in an amount to be determined by the court as follows:
(2) After completing the determination required under subparagraph (1), the court shall order pecuniary damages in an amount that reflects the offender's relative role in the causal process that underlies the victim's losses, but in no case shall such amount be less than three thousand dollars.
(1) The court shall determine the full amount of the victim’s losses that were incurred or are reasonably projected to be incurred by the victim as a result of the sexual exploitation of the victim, but in no case shall such amount be less than three thousand dollars.
(3) For purposes of this paragraph, in addition to the definition of victim provided in section 915.10, subsection 3, '^victim" means the individual harmed as a result of a commission of a crime under section 728.12.
(2) After completing the determination required under subparagraph (1), the court shall order pecuniary damages in an amount that reflects the offender’s relative role in the causal process that underlies the victim’s losses, but in no case shall such amount be less than three thousand dollars.
(3) For purposes of this paragraph, in addition to the definition of victim provided in section 915.10, subsection 3, “victim” means the individual harmed as a result of a commission of a crime under section 728.12.
6 victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim's rights under this paragraph, but in no event shall the offender be named as a representative or guardian.
6 victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim’s rights under this paragraph, but in no event shall the offender be named as a representative or guardian.
D I V I SI IO N S T A L K U T I L I A T E C H N O L OD E V I C E Sec.
DIVISION II STALKING UTILIZING A TECHNOLOGICAL DEVICE Sec.
Section 692A.102, subsection 1, paragraph a, subparagraph (6), subparagraph division (b).
Section 692A.102, subsection 1, paragraph a, subparagraph (6), subparagraph division (b), Code 2023, is amended to read as follows:
Code 2023, is a m e n dt or e aa sf o l l o w s :
(b) Stalking in violation of section 708.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126, except a violation of section 708.11, subsection 3, paragraph “b” “a”, subparagraph (3), shall be classified a tier II offense as provided in paragraph “b”.
(b) Stalking in violation of section 708.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126, except a violation of section 708.11, subsection 3, paragraph subparagraph (3), shall be classified a tier II offense as provided in paragraph Sec.
Sec.
(8) Stalking in violation of section 708.11, subsection 3, paragraph subparagraph (3), if a determination is made that the offense was sexually motivated pursuant to section 9 2 A .
(8) Stalking in violation of section 708.11, subsection 3, paragraph “b” “a”, subparagraph (3), if a determination is made that the offense was sexually motivated pursuant to section 692A.126.
1 2 6 .
Section 708.11, subsection 1, paragraph b.
Section 708.11, subsection 1, paragraph b, Code 2023, is amended to read as follows:
Code 2023, is amended to read as follows:
b.
b, ^Course of conduct*'means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
“Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
NEW PARAGRAPH, e, ^^Technological device" means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.
NEW PARAGRAPH .
e.
“Technological device” means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.
Section 708.11, subsection 3, Code 2023, is amended t or e aa sf o l l o w s :
Section 708.11, subsection 3, Code 2023, is amended to read as follows:
a, A person who commits stalking in violation of this section commits a class felony for a third or—subsequent offense.
a.
if any of the following apply;
A person who commits stalking in violation of this section commits a class “C” felony for a third or subsequent offense.
if any of the following apply:
(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of a g e .
(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
( 4 )The person utilizes a technological device while committing stalking.
(4) The person utilizes a technological device while committing stalking.
( 5 )For a third or subsequent offense.
(5) For a third or subsequent offense.
b-,—A person who commits stalking in violation of this aoction commits a class felony if any of the following apply;
b.
— T h e person commits stalking while subject to restrictions contained in a criminal or civil protoctivG order or injunction^ or any other court order which prohibits contact between the person and the victim# or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
A person who commits stalking in violation of this section commits a class “D” felony if any of the following apply:
-f-3-)—The person commits stalking while in possession of a dangerous weapon# as defined in section 702.7.
(1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
-(-3-)—The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of a g e .
(2) The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
-(-4-)—The offense is a second offense.
(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
b, A person who commits stalking in violation of this section commits a class felony if the offense is a second offense which is not included in paragraph Senate File 84, p.
(4) The offense is a second offense.
8 c.A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph AMY SINCL^gil PAT GRASSLE^ President of the SenaSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 84, Ninetieth General Assembly.
b.
W C H AS M I T H S O N Secretary of the Senate Apovd/Iav \\^,2 03 j KirENODS / G o v e r n o r
A person who commits stalking in violation of this section commits a class “D” felony if the offense is a second offense which is not included in paragraph “a”.
Senate File 84, p.
8 c.
A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph “b” “a”.
______________________________ ______________________________ AMY SINCLAIR PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 84, Ninetieth General Assembly.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Amendments

6 amendments

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Action History

  1. Signed by Governor.

  2. Fiscal note.

  3. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  4. Message from Senate.

  5. Immediate message.

  6. Passed Senate, yeas 49, nays 0.

  7. Senate concurred with S-3118.

  8. Fiscal note.

  9. Message from House, with amendment S-3118.

  10. Immediate message.

  11. Passed House, yeas 96, nays 0.

  12. Amendment H-1174 adopted.

  13. Amendment H-1178 adopted.

  14. Amendment H-1175 withdrawn.

  15. Amendment H-1170 adopted.

  16. Substituted for HF 646.

  17. Amendment H-1178 filed.

  18. Amendments H-1170, H-1174 and H-1175 filed.

  19. Read first time, passed on file.

  20. Message from Senate.

  21. Immediate message.

  22. Passed Senate, yeas 47, nays 0.

  23. Amendment S-3041 filed, ruled out of order.

  24. Fiscal note.

  25. Committee report, recommending passage.

  26. Subcommittee recommends passage. [].

  27. Subcommittee Meeting: 01/26/2023 10:30AM Room 217 Conference Room.

  28. Subcommittee: Dawson, De Witt, and Petersen.

  29. Introduced, referred to Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights technology
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Frequently asked questions

Who sponsors SF 84?
SF 84 is sponsored by Dawn Driscoll (Republican).
What is the current status of SF 84?
This bill has been enacted into law. Introduced January 17, 2023. Enacted.
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