Approved Senate Bill Makes Shooting Content Illegal

[Lee]

It would be illegal to make a profit by forcing someone to strip at a club under changes to the state's human trafficking law that received Iowa Senate approval Tuesday.

The bill would prohibit making money from forcing a person of any age to do a live or public act meant to arouse sexual desire.

"Sexually explicit performances" would include sexual acts in front of a camera for a paid Internet site, or pornographic photos that are sold, said state Sen. Steve Sodders, a State Center Democrat.

The crime is a felony.

The bill, Senate File 27, passed 50-0. It now goes to the House.

http://www.desmoinesregister.com/art...901280371/1011

Interesting stuff, even though this is just in Iowa do you think this could ever make its way to a national law?

Regards,

Lee

[basschick]

i think the active word here is "forcing".

[Lee]

i think the active word here is "forcing".

Indeed but how would you define 'forcing' just like many other bills that have passed there is a lot of ambiguity in the term 'forcing' it could be argued a teenage mother of two would be forced to work in porn in order to survive and bring up her children.

Regards,

Lee

[Aiden]

Yeah if the word "force" wasn't included - every person that performs on ifriends, imlive, f4f, etc in Iowa will be joining the line for unemployment benefits! :shithitfan:

[chadknowslaw]

The definition of "forced":

3. "Forced labor or services" means labor or services that
are performed or provided by another person and that are obtained or
maintained through any of the following:
a. Causing or threatening to cause serious physical injury to
any person.
b. Physically restraining or threatening to physically
restrain another person.
c. Abusing or threatening to abuse the law or legal process.

d. Knowingly destroying, concealing, removing, confiscating,
or possessing any actual or purported passport or other immigration
document, or any other actual or purported government identification
document, of another person.

[Lee]

What about the definition of 'obscene' that changes depending on which state/law enforcement agency/district attorney is trying a case

Regards,

Lee

[chadknowslaw]

Obscene is not part of the proposed change; the changes as proposed do not affect the legitimate production or adult entertainment industry.

Here is the law now:

710A.2 HUMAN TRAFFICKING.
1. A person who knowingly engages in human trafficking is guilty
of a class "D" felony, except that if the victim is under the age of
eighteen, the person is guilty of a class "C" felony.
2. A person who knowingly engages in human trafficking by causing
or threatening to cause serious physical injury to another person is
guilty of a class "C" felony, except that if the victim is under the
age of eighteen, the person is guilty of a class "B" felony.
3. A person who knowingly engages in human trafficking by
physically restraining or threatening to physically restrain another
person is guilty of a class "D" felony, except that if the victim is
under the age of eighteen, the person is guilty of a class "C"
felony.
4. A person who knowingly engages in human trafficking by
soliciting services or benefiting from the services of a victim is
guilty of a class "D" felony, except that if the victim is under the
age of eighteen, the person is guilty of a class "C" felony.
5. A person who knowingly engages in human trafficking by abusing
or threatening to abuse the law or legal process is guilty of a class
"D" felony, except that if the victim is under the age of eighteen,
the person is guilty of a class "C" felony.
6. A person who knowingly engages in human trafficking by
knowingly destroying, concealing, removing, confiscating, or
possessing any actual or purported passport or other immigration
document, or any other actual or purported government identification
document of a victim is guilty of a class "D" felony, except that if
that other person is under the age of eighteen, the person is guilty
of a class "C" felony.
7. A person who benefits financially or by receiving anything of
value from knowing participation in human trafficking is guilty of a
class "D" felony, except that if the victim is under the age of
eighteen, the person is guilty of a class "C" felony.

And the proposed changes with explanation:

1 1 Section 1. Section 710A.1, subsection 1, Code 2009, is
1 2 amended to read as follows:
1 3 1. "Commercial sexual activity" means any sex act on
1 4 behalf of or sexually explicit performance for which anything
1 5 of value is given, promised to, or received by any person and
1 6 includes, but is not limited to, prostitution, participation
1 7 in the production of pornography, and performance in strip
1 8 clubs.
1 9 Sec. 2. Section 915.35, subsection 1, Code 2009, is
1 10 amended to read as follows:
1 11 1. As used in this section, "victim" means a child minor
1 12 under the age of eighteen who has been sexually abused or
1 13 subjected to any other unlawful sexual conduct under chapter
1 14 709, 710A, or 726 or who has been the subject of a forcible
1 15 felony.
1 16 Sec. 3. Section 915.37, Code 2009, is amended to read as
1 17 follows:
1 18 915.37 GUARDIAN AD LITEM FOR PROSECUTING CHILD WITNESSES.
1 19 1. A prosecuting witness who is a child, as defined in
1 20 section 702.5, in a case involving a violation of chapter 709
1 21 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is
1 22 entitled to have the witness's interests represented by a
1 23 guardian ad litem at all stages of the proceedings arising
1 24 from such violation. The guardian ad litem shall be a
1 25 practicing attorney and shall be designated by the court after
1 26 due consideration is given to the desires and needs of the
1 27 child and the compatibility of the child and the child's
1 28 interests with the prospective guardian ad litem. If a
1 29 guardian ad litem has previously been appointed for the child
1 30 in a proceeding under chapter 232 or a proceeding in which the
1 31 juvenile court has waived jurisdiction under section 232.45,
1 32 the court shall appoint the same guardian ad litem under this
1 33 section. The guardian ad litem shall receive notice of and
1 34 may attend all depositions, hearings, and trial proceedings to
1 35 support the child and advocate for the protection of the child
2 1 but shall not be allowed to separately introduce evidence or
2 2 to directly examine or cross=examine witnesses. However, the
2 3 guardian ad litem shall file reports to the court as required
2 4 by the court. If a prosecuting witness is fourteen, fifteen,
2 5 sixteen, or seventeen years of age, and would be entitled to
2 6 the appointment of a guardian ad litem if the prosecuting
2 7 witness were a child, the court may appoint a guardian ad
2 8 litem if the requirements for guardians ad litem in this
2 9 section are met, and the guardian ad litem agrees to
2 10 participate without compensation.
2 11 2. References in this section to a guardian ad litem shall
2 12 be interpreted to include references to a court appointed
2 13 special advocate as defined in section 232.2, subsection 9.
2 14 EXPLANATION
2 15 This bill relates to human trafficking.
2 16 The bill amends the definition of "commercial sexual
2 17 activity" as an element of the crime of human trafficking to
2 18 include any sexually explicit performance for which anything
2 19 of value is given, promised to, or received by any person
2 20 including but not limited to prostitution, participation in
2 21 the production of pornography, and performance in strip clubs.
2 22 Current law provides that a person who knowingly engages in
2 23 human trafficking by soliciting services or benefiting from
2 24 the services of a victim is guilty of a class "D" felony,
2 25 except that if the victim is under the age of 18, the person
2 26 is guilty of a class "C" felony. "Services" means an ongoing
2 27 relationship between a person and the actor in which the
2 28 person performs activities under the supervision of or for the
2 29 benefit of the actor, including commercial sexual activity and
2 30 sexually explicit performances. A class "C" felony is
2 31 punishable by confinement for no more than 10 years and a fine
2 32 of at least $1,000 but not more than $10,000 and a class "D"
2 33 felony is punishable by confinement for no more than five
2 34 years and a fine of at least $750 but not more than $7,500.
2 35 The bill amends provisions in victims rights laws to extend
3 1 protections to child victims of human trafficking relating to
3 2 child victim services and the appointment of a guardian ad
3 3 litem for a prosecuting witness who is a child.
3 4 LSB 1355SV 83
3 5 rh/rj/14

[chadknowslaw]

Neither the current law nor the proposed changes make shooting content illegal -- it does make forcing someone to shoot content illegal but legitimate producers don't enslave models -- they pay them!

[Aiden]

I sure am glad chad knows law cuz this was getting confusing.

[chadknowslaw]

Here is the important language that ties "commercial sexual activity" and "human trafficking":

4. "Human trafficking" means participating in a venture to
recruit, harbor, transport, supply provisions, or obtain a person for
any of the following purposes:
a. Forced labor or service that results in involuntary
servitude, peonage, debt bondage, or slavery.
b. Commercial sexual activity through the use of force,
fraud, or coercion, except that if the trafficked person is under the
age of eighteen, the commercial sexual activity need not involve
force, fraud, or coercion.




So, human trafficking includes forcing someone to participate in an adult shoot. This does not affect legitimate business. It would allow someone who pays a minor to be in a film to be prosecuted under the human trafficking law.

It all looks fine to me~

[basschick]

didn't seem confusing to me. forcing an adult to do virtually anything is illegal unless you are a cop.

I sure am glad chad knows law cuz this was getting confusing.

[msm]

...or are in the military, such as forcing someone to talk by torturing them.

[maxx68]

Seems to me that the folks in Iowa are beating their bibles again. I wasn't aware that there was rampant "forcing" in the sex industry in that state.

Once again there seems to be politicians with too much time on their hands and not enough brain cells in their collective heads.