Relating to continuous sexual abuse of a child, and making penalties applicable

Sponsored by the House Judiciary Committee

Topics:Crime & corrections

Same legislation: SSB 1048, HSB 75, SF 229

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 20, 2023
Done: SubcommitteeJanuary 20, 2023
Done: House committeeJanuary 31, 2023
Done: Passes the HouseFebruary 9, 202395–0
Done: Senate committeeMarch 30, 2023
Done: Passes the SenateApril 17, 202350–0
Done: To the GovernorApril 28, 2023
Done: Signed into lawApril 28, 2023

Signed into law What’s a funnel?

What’s in it

AI summary This law changes how the state defines continuous sexual abuse of a child by removing specific legal references to other types of sexual abuse. It clarifies that a person is guilty of this crime if they commit three or more sexual acts against the same child over a period of at least 180 days. People convicted of this crime must serve at least 70% of their sentence before they can be considered for parole or work release.¹

Read the official explanation

This bill relates to continuous sexual abuse of a child and makes penalties applicable.4 (sexual abuse in the third degree), with the same child, and at least days have elapsed between the first and last acts of sexual abuse.4 and provides that a person years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse with the same child, and at least days have elapsed between the first and last acts of sexual abuse. A person who commits continuous sexual abuse of a child is guilty of a class “B” felony and shall be confined for not more than years. If a jury is the trier of fact, the jury must unanimously agree that three or more acts of sexual abuse were committed with the same child and that at least days have elapsed between the first act and the last act, but the jury need not unanimously agree which specific acts were committed, and on which exact dates the acts occurred. Each act of sexual abuse is a lesser included offense of continuous sexual abuse of a child.1 to include any sex act between persons when the act is performed with a child.5 as any person under the age of 14. The bill provides that a person serving a sentence for a conviction of continuous sexual abuse of a child shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence.

Full bill text · What changed before it passed²

House subcommittee

Named January 20, 2023 (as HSB 75). On January 25, 2023 it recommended passage. Vote Total: 2-0.

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Fiscal note

Cost: up to $217,000 Compare with other bills

AI summary This bill applies a 70.0% mandatory minimum sentence to the crime of continuous sexual abuse of a child. It is estimated to increase costs to the Department of Corrections, but the total extent of the increase cannot be estimated. If one individual is admitted to prison for this crime, the mandatory minimum sentence would increase costs to the Department of Corrections by approximately $217,000 over that individual's period of incarceration.³

Read the fiscal note

Description

House File 176 applies a 70.0% mandatory minimum sentence to the criminal offense of continuous sexual abuse of a child.

Background

Under Iowa Code section 709.23, a person 18 years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse in violation of Iowa Code sections 709.3 or 709.4, with the same child, and at least 30 days have elapsed between the first and last acts of sexual abuse. A person who is convicted of continuous sexual abuse of a child is guilty of a Class B felony and is required to be confined for no more than 50 years.

Assumptions

The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; 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 176 adds a mandatory minimum sentence to the existing Class B felony under Iowa Code section 709.23 and is estimated to have a correctional impact. Adding a mandatory minimum sentence would increase the length of stay (LOS) of individuals who are admitted to prison for continuous sexual abuse of a child. This may increase the prison population, but the extent of this increase cannot be estimated. In FY 2022, one individual was admitted to prison for continuous sexual abuse of a child. If a mandatory minimum sentence was applied, the estimated LOS in prison would increase from 9.7 years to 35 years. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information related to the correctional system.

Minority Impact

The minority impact of House File 176 cannot be estimated. The crime of continuous sexual abuse of a child was established in 2020 Iowa Acts, HF 2554 (Continuous Sexual Abuse of a Child Act), and there were three convictions in FY 2022. All three individuals were Caucasian. However, due to the small number of convictions and the recent creation of the crime, it is difficult to estimate the minority impact. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 176 is estimated to increase costs to the DOC by creating a mandatory minimum sentence, but the extent of the increase in costs is unknown. If one individual is admitted to prison for continuous sexual abuse of a child, the mandatory minimum sentence would increase costs to the DOC by approximately $217,000 over that individual’s period of incarceration, as shown in Table 1.

Table 1 — Change in Cost to the DOC Under HF 176