Bills › 90th General Assembly
Establishing a criminal offense of grooming and providing penalties
Sponsored by the House Judiciary Committee
Topics:Crime & corrections
Same legislation: HSB 575
Where it is now
- Done: IntroducedJanuary 18, 2024
- Done: SubcommitteeJanuary 18, 2024
- Done: House committeeFebruary 15, 2024
- Done: Passes the HouseMarch 7, 202494–0
- Done: Senate committeeMarch 13, 2024
- Done: Passes the SenateApril 17, 202446–0
- Done: To the GovernorApril 24, 2024
- Done: Signed into lawMay 1, 2024
Signed into law What’s a funnel?
What’s in it
AI summary This bill creates a new crime called grooming to protect children under 18. It makes it illegal for someone to use the internet, messages, or in-person actions to trick or lure a child into sexual acts. People convicted of this felony could face up to five years in prison and expensive fines.1
Read the official explanation
This bill establishes the criminal offense of grooming. The bill provides that a person commits grooming when the person knowingly performs an act in person or by conduct through a third party, uses a computer, internet service, or any other electronic data storage or transmission device, or uses written communication to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or a person believed to be a child to commit any sex act or to otherwise engage in any unlawful sexual conduct. The bill defines “child” as a person under 18 years of age. The bill provides that grooming is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
Why it matters. People who use electronic devices, written communication, or third parties to lure children into sexual acts would face a new class D felony charge. This change is estimated to increase costs to the State Public Defender and Indigent Defense Fund by $306,000 per year.2
Changed since by amendment H-8170; see Amendments.
Senate subcommittee
Named March 11, 2024. On March 12, 2024 it recommended passage. [].
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
1 written public comment to its subcommittee: February 15, 2024 (1) · on the Legislature’s site
Fiscal note
Cost: up to $306,000 Compare with other bills
AI summary This bill creates a new criminal offense for grooming and provides penalties for those who attempt to lure minors into unlawful sexual acts using electronic devices or written communication. It is estimated to increase costs to the State Public Defender and Indigent Defense Fund by $306,000 per year. The fiscal impact to the correctional system cannot be estimated due to a lack of existing conviction data.4
Read the fiscal note
Description
House File 2602 establishes a new criminal offense of grooming and provides penalties. Under the Bill, a person commits an act of grooming when the person knowingly attempts to seduce, solicit, lure, or entice a person under 18 years of age to engage in an unlawful sex act or an act of unlawful sexual conduct with the use of a computer, an Internet service, an electronic storage or transmission device, or written communication. The penalty for an act of grooming is a Class D felony.
Background
A person convicted of a Tier I, II, or III sex offense is required to register as a sex offender for a period of 10 years. A Tier II offender is required to verify the offender’s information to the Iowa Sex Offender Registry every six months, and a Tier III offender is required to verify the offender’s information every three months.
A person convicted of a Class D felony for an offense under Iowa Code chapter 709 (sexual abuse) must also be sentenced to a special sentence committing the person into the custody of the director of the Department of Corrections for a period of 10 years, with eligibility for probation or parole under Iowa Code chapter 906.
A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025 but no more than $10,245.
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 delay 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.
- Each claim for services rendered in the representation of a defendant charged with grooming will result in a claim of $1,460 or more to the Indigent Defense Fund.
Correctional Impact
House File 2602 creates a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
House File 2602 creates a new criminal offense. As a result, the Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2602 is estimated to increase costs to the State Public Defender and Indigent Defense Fund by $306,000 per year. The fiscal impact to the correctional system cannot be estimated due to a lack of existing conviction data. The average State cost per offense for a Class D felony ranges from $12,600 to $18,200. 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 (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Office of the State Public Defender
- Legislative Services Agency
The estimate held steady
5- Final Fiscal Note — Grooming of Juveniles, Criminal Offense · April 22, 2024 · $306,000
- Grooming of Juveniles, Criminal Offense · March 12, 2024 · $306,000
- Grooming of Juveniles, Criminal Offense · March 1, 2024 · $306,000
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90th General Assembly