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SF 289

A bill for an act relating to invasion of privacy, and making penalties applicable.

2025-2026 Regular Session

SF 289 makes possession of certain explicit photos or films a crime when held for no legitimate purpose, treated as an aggravated misdemeanor and sex offense.

Subcommittee recommends passage.
#misdemeanors #motionpictures #photography #privacy #sexcrimes #sexoffenderregistration
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Bill Summary · SF 289

Summary — SF 289 (Invasion of Privacy)

Overview / Purpose

SF 289 amends Iowa Code section 709.21 (invasion of privacy) to expand the covered conduct to include possession of certain sexually explicit photographs or films in addition to knowingly viewing, photographing, or filming another person for sexual arousal or gratification. The Senate adopted Amendment S-3021 to clarify that the possession element applies when the person possesses the image “for no legitimate purpose.”

Key provisions

  • Adds possession as prohibited conduct: A person who knowingly possesses a photograph or film that meets the existing statutory conditions (see below) commits invasion of privacy.
  • As amended (S‑3021), the possession offense requires that the possession be “for no legitimate purpose.”
  • Existing statutory elements that must be met:
    • The image shows another person in full or partial nudity;
    • The other person did not consent (or was unable to consent) to being viewed/photographed/filmed; and
    • The other person had a reasonable expectation of privacy while in that state of nudity.
  • The bill does not change the mens rea (knowingly) or the sexual-purpose element (arousing/gratifying) for the other listed acts.

Penalties and collateral consequences

  • A violation of Iowa Code §709.21 is an aggravated misdemeanor.
    • Punishment: up to 2 years confinement and a fine of $855 to $8,540.
  • Classified as a Tier II sex offense under Iowa law.
    • Convicted persons must register as sex offenders for 10 years.

Fiscal and correctional impact

  • The fiscal note indicates SF 289 may increase convictions under §709.21, but the magnitude is unknown.
  • Estimated average State cost per aggravated misdemeanor: $6,800 to $11,800 (includes judicial, indigent defense, and DOC costs).
  • Representative marginal costs and lengths of stay used in analysis:
    • State prison marginal cost per day: $24.51; avg LOS ~9.5 months.
    • Probation cost per day: $7.68; avg supervision ~26 months.
    • Parole cost per day: $7.68; avg LOS ~22.5 months.
    • CBC (community-based corrections) marginal cost per day: $18.37.
    • County jail marginal cost assumed at $50/day (estimate).
  • Minority impact cannot be determined because the number of additional convictions is unknown.
  • Assumed 6‑month delay from effective date to first entries into the correctional system.

Who is affected

  • Individuals who possess sexually explicit photographs/films meeting the statutory criteria and who lack a legitimate purpose for possession (as amended).
  • Courts, public defenders/indigent defense fund, and the Department of Corrections may experience increased caseloads and costs depending on how many prosecutions result.

Legislative status & timeline (selected)

  • Introduced: 2025‑02‑12.
  • Committee report approving bill: 2025‑02‑12.
  • Amendment S‑3021 filed: 2025‑03‑11; adopted: 2025‑03‑24.
  • Passed Senate (49‑0): 2025‑03‑24; immediate message sent.
  • Referred to House Judiciary; Subcommittee (Lawler, Srinivas, Watkins) met 03/31/2025 and recommended passage (subcommittee recommendation).
  • Fiscal notes prepared: 2025‑02‑18 (original), 2025‑03‑25 (as amended).
  • Staff contacts listed in fiscal notes: Justus Thompson (Fiscal Services Division). Fiscal note signed by Jennifer Acton.

If you want, I can produce a one‑page handout or a side‑by‑side comparison of current law vs. the amended text.

Compiled from official sources — confirm details with the bill’s official record.

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