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AN ACT RELATING TO SEXUAL EXPLOITATION OF A MINOR BY THE CREATION,
ADAPTATION, OR MODIFICATION OF A VISUAL DEPICTION TO GIVE THE APPEARANCE THAT AN IDENTIFIABLE MINOR IS ENGAGED IN A PROHIBITED SEXUAL ACT OR THE SIMULATION OF A PROHIBITED SEXUAL ACT, AND MAKING PENALTIES APPLICABLE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 728.12, subsection 3, Code 2024, is amended to read as follows:
3. a. 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.
b. A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a
different minor in the visual depiction. However, violations of this subsection involving multiple visual depictions of the same minor shall be prosecuted and punished as one offense.
c. A person who commits a violation of this subsection commits a class “D" felony for a first offense and a class “C" felony for a second or subsequent offense.
d. 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, the person has a prior conviction or deferred judgment under this subsection or has a prior conviction or deferred judgment in another jurisdiction