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SF 150

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2025 Regular Session Introduced by Bill Allemand and 11 co-sponsors

SF 150 amends Iowa Code 728.12(3)(b) to treat each depiction of the same minor as a separate offense; penalties unchanged, but convictions may rise.

S COW:Failed 12-17-2-0-0
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Bill Summary · SF 150

Summary — SF 150 (2025): Sexual Exploitation of a Minor — Separate Offenses — Penalties

Overview / Purpose

Senate File 150 (signed by the Governor on May 6, 2025) amends Iowa Code section 728.12(3)(b) to change how offenses for possession or purchase of visual depictions of minors engaging in prohibited sexual acts are counted. The bill removes a provision that treated multiple visual depictions of the same minor as a single offense and clarifies that each pictorial representation of the same minor in separate depictions may be prosecuted and punished as a separate offense.

Key provisions

  • Amends Iowa Code § 728.12(3)(b):
    • Current law: separate offenses were recognized for different minors appearing in the same depiction, but multiple depictions of the same minor were prosecuted as one offense.
    • As amended by SF 150: knowingly purchasing or possessing multiple visual depictions that contain pictorial representations of the same minor engaging in prohibited sexual acts (or simulations) shall be prosecuted and punished as separate offenses — i.e., each depiction/representation of the same minor can be charged separately.
  • The change applies to the criminal prohibition in § 728.12(3) (knowingly purchasing or possessing visual depictions of a minor engaging in prohibited sexual acts or simulations).

Penalties and collateral consequences

  • Offense grading under existing law (unchanged by this bill):
    • First offense: Class D felony — up to 5 years' confinement; fine $1,025–$10,245.
    • Second or subsequent offense: Class C felony — up to 10 years' confinement; fine $1,370–$13,660.
  • Conviction consequences (existing):
    • The offense is a Tier II sex offense requiring offender registration.
    • A 10-year special sentence is imposed in addition to any other sentence.

Fiscal and correctional impact

  • The Legislative Services Agency fiscal note notes the bill may increase the number of convictions under § 728.12(3), but the magnitude is unknown because it is not known how many additional charges/convictions will result from treating each depiction as a separate offense.
  • FY 2024 baseline: 59 convictions under § 728.12(3); 10 admissions to prison; 29 admitted to probation on the most serious offense.
  • Estimated average State cost per additional conviction:
    • Class C felony: $14,900 to $25,600
    • Class D felony: $11,900 to $19,100
  • Additional assumptions/estimates in the fiscal note:
    • A six-month delay from the bill’s effective date to first entries into the correctional system was assumed.
    • County jail marginal cost assumed at $50/day (due to lack of precise data).
  • Correctional and minority impact cannot be precisely determined because the number of additional convictions is unknown.

Who is affected

  • Defendants prosecuted under Iowa Code § 728.12(3) for purchasing or possessing visual depictions of minors engaged in prohibited sexual acts.
  • State criminal justice system components: Judicial Branch, Indigent Defense Fund, Department of Corrections, county jails, and probation/parole/Community-Based Corrections — potentially facing increased caseloads and costs if prosecutions rise.

Legislative and procedural history

  • Introduced: January 29, 2025.
  • Unanimously passed both chambers (Senate 49–0 on 3/24/2025; House 92–0 on 4/23/2025).
  • Committee approvals were unanimous.
  • Fiscal note prepared 2/11/2025.
  • Signed by Governor Kim Reynolds: May 6, 2025 (enacted as Chapter 50).

Notes / Limitations

  • The bill changes charging/counting rules for multiple depictions of the same minor; it does not change statutory grading, registration tier, or the special 10-year sentence attached to § 728.12(3) convictions.
  • The fiscal and correctional impacts depend on prosecutorial charging decisions and how many additional offenses are brought and result in conviction; those numbers are not forecasted in the fiscal note.

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

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