Relating to obscene materials involving minors, and providing penalties

Description

House File 826 creates new penalties for a person who knowingly produces, distributes, receives, or possesses with the intent to distribute, or attempts to produce, distribute, receive, or possess with the intent to distribute, any obscene material involving a minor. A person who commits a violation under the Bill commits an aggravated misdemeanor for a first offense and a Class D felony for a second or subsequent offense. An offense is considered a second or subsequent offense if, prior to the person’s having been convicted under the Bill, the person has a prior conviction or deferred judgment for a violation of Iowa Code section 728.2, 728.3, 728.12, 728.13, or 728.15; any provision under Iowa Code chapter 709 involving a minor; or any sex offense against a minor that requires a person to register as a sex offender under Iowa Code chapter 692A, or a prior conviction or deferred judgment in another jurisdiction for a substantially similar offense.

House File 826 does not apply to any bona fide law enforcement or judicial activity, to any material used for educational purposes in any accredited school or public library, or in any educational program. House File 826 does not impose civil or criminal liability on an internet service provider.

Background

An aggravated misdemeanor is punishable by up to two years in confinement and a fine of at least $855 but not more than $8,540. A Class D felony is punishable by up to five years of confinement and a fine of at least $1,025 but not more than $10,245. The Bill provides that a person convicted of production, distribution, receipt, or possession of obscene materials involving minors, or attempting any such conduct, must register as a Tier I sex offender.

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.

Correctional Impact

House File 826 creates new criminal penalties, 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 aggravated misdemeanors and 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 13, 2025, for information related to the correctional system. Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months

Minority Impact

House File 826 creates a new criminal offense. As a result, 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 Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 826 creates a new criminal offense, and the fiscal impact is unknown. Figure 2 shows the average State cost per offense for an aggravated misdemeanor and Class D felony. The estimated impact to the 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. Figure 2 — Average State Cost Per Offense

Sources

• Department of Corrections
• Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)
• Office of the State Public Defender (SPD)