Relating to human trafficking and the definition of services

Description

House File 649 modifies and expands definitions under Iowa Code sections 710A.1 and 725.1(2)(b).

The Bill expands the term “human trafficking” under Iowa Code section 710A.1(4)(b) to include purchasing or attempting to purchase services involving commercial sexual activity from a law enforcement officer or agent posing as a person engaged in human trafficking. The Bill modifies the term “services” under Iowa Code section 710A.1(10) to mean performing activities under the supervision of or for the benefit of an actor, including commercial sexual activity and sexually explicit performances.

The Bill expands the term “victim” under Iowa Code section 710A.1(13) to include the following:

• A person who is identified as being subjected to or targeted for human trafficking.
• A law enforcement officer or agent posing as a person subjected to or a target for human trafficking.

The Bill expands Iowa Code section 725.1(2)(b) to include the purchase or offer to purchase services as a partner in a sex act from an individual who is reasonably believed to be under the age of 18, including a law enforcement officer or agent posing as a minor under the age of 18.

Background

Iowa Code section 710A.1(10) currently defines “services” as “an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor, including commercial sexual activity and sexually explicit performances.” “Human trafficking” is defined under Iowa Code section 710A.1(4)(a) and 710A.1(4)(b). Iowa Code section 710A.1(4)(b) currently defines “human trafficking” as knowingly purchasing or attempting to purchase services involving commercial sexual activity from a victim or another person engaged in human trafficking.

Iowa Code section 710A.1(13) currently defines “victim” as a person subjected to human trafficking.

Under Iowa Code section 725.1(2)(b), a person who purchases or offers to purchase services as a partner in a sex act from a person who is under the age of 18 commits a Class D felony. Penalties under Iowa Code chapters 710A and 725 range from a Class D felony to a Class A felony. A Class A felony is punishable by confinement for life in prison without possibility for parole. A Class B felony is punishable by up to 25 years of confinement and a fine of at least $85,000 but not more than $100,000. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but no more than $13,660. 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. In FY 2024, there were four convictions under Iowa Code chapter 710A and there were six convictions under Iowa Code section 725.1(2)(b).

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.
• At a minimum, Class A felonies require two indigent defense attorneys at a combined cost of approximately $44,000 and include court time and jury trial costs ranging from $10,000 to $14,000.

Correctional Impact

House File 649 modifies and expands definitions under Iowa Code chapters 710A and 725. The correctional impact cannot be determined due to a lack of existing conviction data, and it is unknown how many additional convictions would result from the changes to the definition. 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 B, Class C, and Class D felonies. A Class A felony is punishable by confinement for life in prison without possibility for parole. 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 Estimate and Length of Stay (LOS) in Months

Minority Impact

House File 649 modifies and expands definitions under Iowa Code chapters 710A and 725. The minority impact cannot be determined since it is not known how many additional convictions would result from the changes to the definition. 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.Conviction Offense Class

Percent

Ordered to

State Prison

FY 2024 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day Prison

Percent

Ordered to

Probation

FY24 Field

Avg LOS on

Probation

Avg Cost

Per Day on

Probation

Marginal

Cost Per

Day CBC

Marginal

Cost Per

Day Jail

FY24 Field

Avg LOS on

Parole

Marginal

Cost Per

Day Parole

B Felony (Persons) 97.9% 80.1 $24.51 14.7% 45.5 $7.68 $18.37 $50.00 39.3 $7.68 C Felony (Persons) 89.8% 37.8 $24.51 35.9% 43.4 $7.68 $18.37 $50.00 21.3 $7.68 D Felony (Persons) 82.0% 18.7 $24.51 44.2% 36.8 $7.68 $18.37 $50.00 15.1 $7.68 D Felony (Non-Persons) 83.9% 13.1 $24.51 69.5% 39.0 $7.68 $18.37 $50.00 16.5 $7.68

Fiscal Impact

The fiscal impact of HF 649 cannot be determined since it is not known how many additional convictions would result from the changes to the definitions under Iowa Code chapters 710A and 725. Figure 2 shows the average State cost per offense for a Class B, Class C, and Class D felony. The average State cost for a Class A felony ranges between $199,000 and $204,000. 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 costs would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Cost Per Offense

Offense Class Average Cost

Class B Felony $17,600 to $47,300 Class C Felony $14,900 to $25,600 Class D Felony $11,900 to $19,100

Sources

• Department of Corrections
• Department of Management (DOM) Criminal Justice Planning