§ 728.12

728.12 Sexual exploitation of a minor. 1. It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor or a law enforcement officer or agentposing as a minor to engage in a prohibited sexual act or in the simulation of a prohibitedsexual act. A person must know, or have reason to know, or intend that the act or simulatedact may be photographed, filmed, or otherwise preserved in a visual depiction. A person whocommits a violation of this subsection commits a class 'B' felony. Notwithstanding section902.9, the court may assess a fine of not more than fifty thousand dollars for each offenseunder this subsection in addition to imposing any other authorized sentence. 2. It shall be unlawful to knowingly promote any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of aprohibited sexual act. 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 thantwenty-five thousand dollars for each offense under this subsection in addition to imposingany

on commits a class'C' felony. Notwithstanding section 902.9, the court may assess a fine of not more thantwenty-five thousand dollars for each offense under this subsection in addition to imposingany other authorized sentence. 3. It shall be unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. A visualdepiction containing pictorial representations of different minors shall be prosecuted andpunished as separate offenses for each pictorial representation of a different minor in thevisual depiction. However, violations of this subsection involving multiple visual depictionsof the same minor shall be prosecuted and punished as one offense. A person who commitsa violation of this subsection commits a class 'D' felony for a first offense and a class 'C'felony for a second or subsequent offense. For purposes of this subsection, an offense isconsidered a second or subsequent offense if, prior to the person’s having been convictedunder this subsection, the person has a prior conviction or deferred judgment under thissubsection or has a prior conviction or deferred judgment in another

prior to the person’s having been convictedunder this subsection, the person has a prior conviction or deferred judgment under thissubsection or has a prior conviction or deferred judgment in another jurisdiction for asubstantially similar offense. The court shall judicially notice the statutes of other statesthat define offenses substantially similar to the offenses defined in this subsection and thattherefore can be considered corresponding statutes. 4. This section does not apply to law enforcement officers, court personnel, licensed physicians, licensed psychologists, or attorneys in the performance of their official duties. [C79, 81, §728.12]83 Acts, ch 167, §4; 86 Acts, ch 1176, §1 – 3; 89 Acts, ch 263, §3; 2001 Acts, ch 17, §4; 2003 Acts, ch 65, §1, 2; 2012 Acts, ch 1057, §7, 8; 2023 Acts, ch 74, §2 Referred to in §229A.2, 232.68, 236A.2, 236A.18, 692A.102, 802.2B, 901A.1, 902.12, 903B.1, 903B.2, 903B.10, 907.3, 915.36, 915.37, 915.100 Subsections 1, 2, and 3 amended Sat Dec 23 12:32:55 2023 Iowa Code 2024, Section 728.12 (19, 1)