Relating to sexual misconduct with offenders and juveniles, and providing penalties

Description

House File 2201 increases the penalty for any peace officer, or an officer, employee, contractor, vendor, volunteer, or an agent of the Department of Corrections (DOC) or a judicial district department of correctional services or an agent of a county, or an agent of a juvenile placement facility or county jail, who engages in a sex act with a person committed to the custody of the DOC or a judicial district department of correctional services, with a juvenile placed at a juvenile placement facility, or with a prisoner incarcerated in a county jail from an aggravated misdemeanor to a Class D felony.

Background

Iowa Code section 709.16 currently establishes the crime of sexual misconduct with offenders and juveniles as an aggravated misdemeanor.

In FY 2025, there were no convictions or individuals admitted to prison, probation, or parole under Iowa Code section 709.16.

An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not 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.
• County jail data is unavailable. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
• Conviction data reflects the total number of convictions in adult court, which may include multiple convictions per individual. Not all convictions lead to incarceration, and there may be a delay between conviction and prison admission, which can contribute to differences in totals.
• A six-month delay is assumed from the effective date of the Bill to the date the first offender will enter the correctional system.
• Offender-based convictions are a count of individuals convicted of the same offense. Each offender is counted only once per Iowa Code section, regardless of the number of individual convictions.
• Admissions are a count of individuals newly admitted to the DOC for supervision during a selected time period, based on the most serious offense committed.

Correctional Impact

The correctional impact of the Bill is estimated to be minimal. 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 an aggravated misdemeanor and Class D felony.

Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months

Conviction Offense Class

Percent

Ordered to

State

Prison

FY 2025 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day

Prison

Percent

Ordered to

Probation

FY 2025

Field Avg

LOS on

Probation

Avg Cost

Per Day

Probation

Marginal

Cost Per

Day CBC

Marginal

Cost Per

Day Jail

FY 2025

Field Avg

LOS on

Parole

Marginal

Cost Per

Day Parole

Aggravated Misdemeanor Sex 67.8% 12.1 $23.07 55.4% 26.1 $8.00 $16.35 $50.00 N/A $8.00 D Felony Sex 91.2% 20.8 $23.07 54.4% 30.8 $8.00 $16.35 $50.00 5.0 $8.00 Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 12, 2026, for information related to the correctional system.

Minority Impact

The minority impact cannot be determined. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 12, 2026, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of the Bill is estimated to be minimal. Figure 2 shows the average State cost per relevant offense and shows the estimated cost increase for one conviction from the increased penalty under the Bill. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Cost Increase Per Conviction

Offense Class Average Cost Range

Class D Felony (HF2201) $13,000 to 18,100 Aggravated Misdemeanor (Current Law) $8,300 to $12,200 Additional Cost $4,700 to $5,900

Sources

• Department of Corrections
• Division of Data, Planning, and Improvement (DPI), Department of Management (DOM)