| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 692A.1, subsection 4, Code 2001, is amended by adding the following new paragraph:
NEW PARAGRAPH. mm. Enticing away a minor in violation of section 710.10, subsection 1.
Sec. 2. Section 692A.1, subsection 4, paragraph n, Code 2001, is amended to read as follows:
n. An indictable offense committed in another jurisdiction which would constitute an indictable
offense under paragraphs "a" through
"m"
"mm".
Sec. 3. Section 710.10, Code 2001, is amended to read as follows:
710.10 ENTICING AWAY A CHILD
MINOR.
1. A person commits a class
"D"
"C" felony when, without authority and with the intent to commit
an illegal act
sexual abuse or sexual
exploitation upon the child
a minor under the age of thirteen, the person entices
away a child
the minor under the age of thirteen, or entices away a person reasonably believed to be under the age
of thirteen.
2. A person commits an aggravated
misdemeanor
a class "D"
felony when, without authority and with the intent to commit an illegal act upon
the child
a minor under the age of
sixteen, the person attempts to
entice
entices away a
child
minor under the age of sixteen, or entices away a person reasonably believed to be
under the age of sixteen.
3. A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice away a minor under the age of sixteen, or attempts to entice away a person reasonably believed to be under the age of sixteen.
3.
4. A person's intent to commit
an illegal act upon the child
a violation of this section may be inferred
when the individual
person is not known to the
child
person being enticed
away and the individual
person does not have the permission of the
child's
parent, guardian, or custodian to contact the
child
person being enticed
away.
5. For purposes of determining jurisdiction under section 803.1, an offense is considered committed in this state if the communication to entice away a minor or a person believed to be a minor who is present in this state originates from another state, or the communication to entice away a minor or a person believed to be a minor is sent from this state.
Sec. 4. Section 728.12, Code 2001, is amended to read as follows:
728.12 SEXUAL EXPLOITATION OF A MINOR.
1. A person commits a class "C" felony when the person employs, uses, persuades, induces, entices,
coerces, knowingly permits,
It shall be unlawful to employ, use, persuade, induce, entice, coerce, knowingly
permit, or otherwise causes
cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited
sexual act if the person knows,
has
. A person must know, or
have reason to know, or
intends
intend that the act
or simulated act may be photographed, filmed, or otherwise preserved in a negative, slide, book,
magazine, computer, computer disk, or other print or visual
medium, or be preserved in an electronic, magnetic, or
optical storage system, or in any other type of storage
system. A person who commits a violation of this
subsection commits a class "C"
felony. Notwithstanding section 902.9, the court may assess a fine of not more than
fifty thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence.
2. A person commits a class "D" felony when the person knowingly
promotes
It shall be unlawful to knowingly
promote any material visually depicting a live performance of a minor
or what appears to be a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act.
A person who commits a violation of this subsection commits a class "D"
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 sentence.
3. A person who
It shall be unlawful
to knowingly purchases or
possesses
purchase or possess a
negative, slide, book, magazine, computer, computer
disk, or other print or visual medium
depicting
, or an electronic, magnetic, or optical storage system, or any other type of storage system which
depicts a minor or what appears to be a
minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act
commits a serious misdemeanor
.
A person who commits a violation of this subsection commits an aggravated misdemeanor
for a first offense and a class "D" 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:
a. The person has a prior conviction or deferred judgment under this subsection.
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 similar to the offense defined in this subsection and that therefore can be considered corresponding statutes.
4. However, this
This section does not apply to law enforcement officers, court personnel, licensed
physicians, licensed psychologists, or attorneys in the performance of their official duties.
Sec. 5. Section 901A.1, subsection 1, Code 2001, is amended by adding the following new paragraph:
NEW PARAGRAPH. bb. Enticing a minor away in violation of section 710.10, subsection 1.
Approved March 28, 2001
Updated: 24-Oct-2001 02:11 PM
rc/sw