The Iowa Supreme Court has determined that in a case in which the Defendant, who filmed himself having consensual sex with his girlfriend, and later, after their break-up, posted the video on a porn website without her permission, plead guilty to harassment, the Defendant could not be required to register as a sex offender unless the State proved beyond a reasonable doubt that his crime was sexually motivated.  “Sexually motivated” means that one of the purposes for commission of a crime [was] the purpose of sexual gratification of the perpetrator of the crime.” Under the plain language of the statute, it was not sufficient for the State to show that the crime involved sexual content or the offender had an interest in sexual content. Merely containing sexual content did not prove that his motive in posting the video was sexual as opposed to mere revenge or to annoy his former partner. The State was required to prove the “commission of [the] crime” was for the “purpose of sexual gratification of the perpetrator of the crime.” This the State failed to prove. Hence, the sentence was reversed and he will not be required to register as a sex offender, nor will he be subject to the life limitations such would require.

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