Relating to sexual exploitation of a minor, and making penalties applicable

Description

House File 2446 provides that knowingly purchasing or possessing multiple visual depictions containing pictorial representations of the same minor engaging in prohibited sexual acts or the simulation of prohibited sexual acts shall be prosecuted and punished as separate offenses. Violation of Iowa Code section 728.12(3) is punishable as an aggravated misdemeanor for a first offense and a Class D felony for a second or subsequent offense, and is a Tier II sex offense under the Sex Offender Registry. A person who violates Iowa Code section 728.12(3) is subject to a special sentence under Iowa Code section 903B.2.

Background

Under current law, violations of Iowa Code section 728.12(3) involving a visual depiction containing pictorial representations of different minors are prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction. However, violations involving multiple visual depictions containing pictorial representations of the same minor are prosecuted and punished as one offense.

An aggravated misdemeanor is punishable by a fine of at least $855 but not more than $8,540 and up to two years in prison. A Class D felony is punishable by a fine of at least $1,025 but not more than $10,245 and up to five years in prison. Registration as a Tier II sex offender requires an offender to report in person to verify the offender’s registration information every six months. A person who violates Iowa Code section 728.12(3) is subject to a special sentence pursuant to Iowa Code section 903B.2. A special sentence is defined as a punishment in addition to the punishment for the underlying criminal offense and consists of committing the individual to the custody of the Department of Corrections (DOC) for a period of 10 years. A person serving a special sentence begins the sentence in the same manner as if the individual were on parole or part of a work release program. The special sentence is subject to revocation for up to two years for a first revocation and up to five years for a second or any subsequent revocation.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

House File 2446 modifies an existing criminal offense, and the correctional impact cannot be estimated for this Bill because it is not known how many past offenses involved multiple images of the same minor. The Bill could increase the number of offenses under Iowa Code section 728.12(3), but the extent of this increase is unknown. Individuals convicted of this offense who purchase or possess multiple pictorial representations of the same minor may serve longer periods of time, but the extent of the increase in time served cannot be calculated. A person who violates Iowa Code section 728.12(3) is also subject to the special sentence under Iowa Code section 903B.2.

Table 1 below shows estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class D felonies and aggravated misdemeanors for sex offenses. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Table 1 — Sentencing Estimates and Length of Stay (LOS)

Minority Impact

House File 2446 is not estimated to have a minority impact. Of the 147 convictions under Iowa Code section 728.12(3) in FY 2021, 93.4% were White and 1.7% were African American, while the Iowa population is 85.3% White and 3.9% African American. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 2446 modifies an existing criminal offense, and the fiscal impact cannot be estimated because it is not known how many past offenses involved multiple images of the same minor. The average State cost per offense for a Class D felony ranges from $9,100 to $16,600. The average State cost per offense for an aggravated misdemeanor ranges from $4,900 to $9,500. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections. The cost would be incurred across multiple fiscal years for prison and parole supervision. Table 2 below shows current LOS and cost estimates for supervising one admission to State prison or CBC for a Class D felony and aggravated misdemeanor for all offenses under Iowa Code section 728.12.Conviction

Offense Class

Percent

Ordered

to State

Prison

FY 21 Avg

LOS in

Prison in

Months (All Releases) FY 21

Marginal

Cost Per

Day

Prison

Percent

Ordered

to

Probation

Avg LOS

on

Probation

in Months FY 21 Avg

Cost Per

Day

Probation

Percent

Sentenced

to CBC

Residential

Facility

FY 21

Marginal

Cost Per

Day CBC

Percent

Ordered

to

County

Jail

Marginal

Cost Per

Day

Jail

Avg

LOS on

Parole

in

Months

FY 21

Marginal

Cost Per

Day

Parole

D Felony

(Sex Offense) 88.6% 28.1 $23.33 45.2% 41.2 $7.01 6.8% $17.78 43.8% $50.00 5.9 $7.01

Aggravated

Misdemeanor

(Sex Offense) 80.1% 14.5 $23.33 58.5% 25.0 $7.01 1.1% $17.78 74.6% $50.00 26.9 $7.01 Table 2 — Supervision Cost Per Prison and CBC Admission Under Iowa Code Section 712.8

Sources

• Criminal and Juvenile Justice Planning Division, Department of Human Rights
• Department of Corrections
• Legislative Services Agency