Relating to the definition of sex act or sexual activity for purposes of the Iowa criminal code

Description

Senate File 172 relates to the definition of “sex act” or “sexual activity.” The Bill expands the current definition of “sex act” or “sexual activity,” for purposes of the Iowa criminal code, to include contact between the mouth and anus of two or more persons; contact between the finger, hand, or other body part of one person and the genitalia or anus of another person except in the course of examination or treatment by certain licensed professionals; and the touching of a person’s own genitals or anus with a finger, hand, artificial sexual organ, or other similar device at the direction of another person.

Background

The term “sex act” or “sexual activity” is defined in Iowa Code section 702.17. The expansion of the definition, as proposed by SF 172, refers to the term “sex act” in matters of interpretation under the Iowa criminal code, specifically Iowa Code chapter 709. In order for a “sex act” or “sexual activity” to be defined as sexual abuse and as criminal in nature, the act must be performed under any of the following circumstances:

• The act is done by force or against the will of the other individual. If the consent of the other individual is obtained by threat of violence or the act is done under the influence of a sleep-inducing drug or otherwise occurs in a state of unconsciousness, the act is done against the will of the other individual.
• The other individual involved is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
• The other individual involved is a child.

Assumptions

It is assumed that as a result of the expansion of the definition of “sex act” or “sexual activity,” the number of prison and Community-Based Corrections (CBC) admissions for sex-related offenses will increase.

Correctional Impact

Senate File 172 expands the definition of “sex act” or “sexual activity,” and the correctional impact cannot be estimated due to a lack of existing data.

Table 1 provides estimates for sentencing to State prison, parole, probation, or CBC residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions ranging from serious misdemeanors to Class A felonies. The LOS data is not applicable to simple misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system. Table 1 — Sentencing Estimates and LOS

Minority Impact

Senate File 172 expands the definition of “sex act” or “sexual activity” to include new actions not previously criminalized under Iowa Code chapter 709. As a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing data to estimate the minority impact of SF 172. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of SF 172 cannot be determined. The Department of Corrections (DOC) estimates that the expansion of the definition of “sex act” or “sexual activity” and subsequent convictions will lead to an increase in the number of offenders in custody of the DOC. This will likely lead to an increase in State costs, but an estimate cannot be determined at this time, as it is not possible to estimate how many new convictions will result or at what level of crime these convictions will be charged.

Table 2 contains cost estimates for the average State cost per offense class type for one conviction. The cost estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the DOC for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.

Table 2 — Average State Cost Per Offense Class Type The expansion of the definition of “sex act” or “sexual activity” and subsequent related convictions resulting from SF 172 may also result in an increase in fine and surcharge revenue, but the impact cannot be determined at this time.Conviction Offense Class

Percent

to Prison

Avg

Length of

Stay

Prison

(months) FY 20

Marginal

Cost/Day

Prison

Percent

Ordered to

Probation

Avg LOS on

Probation

Avg

Cost/Day

on

Probation

Percent

Sentenced

to CBC

Residential

Facility

FY 20

Marginal

Cost

CBC/Day

Percent

Ordered to

County Jail

Avg

Length of

Stay in

County

Jail

Marginal

Cost/Day

Avg LOS

on

Parole

FY 20

Average

Cost/Day

Parole

Serious Misdemeanor 2.0% 5 $ 20.33 56.0% 13.4 $ 5.38 1.0% $ 14.78 69.0% N/A $ 50 2.4 $ 5.38 Aggravated Misdemeanor (Sex) 78.0% 10.51 $ 20.33 58.5% 15.1 $ 5.38 1.0% $ 14.78 74.6% N/A $ 50 2.5 $ 5.38 Class D Felony (Sex) 85.0% 32.24 $ 20.33 45.2% 49.7 $ 5.38 6.8% $ 14.78 43.8% N/A $ 50 5.1 $ 5.38 Class C Felony (Sex) 91.0% 76 $ 20.33 34.1% 50 $ 5.38 5.5% $ 14.78 32.7% N/A $ 50 7.2 $ 5.38 Class B Felony (Sex) 95.0% 285.2 $ 20.33 9.4% -- $ 5.38 3.1% $ 14.78 15.6% N/A $ 50 29.4 $ 5.38 Class A Felony 100.0% 510 $ 20.33 N/A N/A N/A N/A $ 14.78 N/A N/A $ 50 N/A N/AOffense Class Minimum Maximum Serious Misdemeanor 410$ 7,500$ Aggravated Misdemeanor 3,700 7,800 Class D Felony 7,700 13,500 Class C Felony 9,900 19,200 Class B Felony 12,700 35,800 Class A Felony 183,700 188,000

Total Cost

Sources

• Department of Corrections
• Legislative Services Agency