Relating to intimidation with a dangerous weapon, and making penalties applicable

Description

Senate File 2114 amends the crime of intimidation with a dangerous weapon by removing language that refers to the shooting, throwing, launching, or discharging of a dangerous weapon within an assembly of people, and thereby placing the occupants or people in reasonable apprehension of serious injury, from Iowa Code section 708.6 and adds language for the shooting, throwing, launching, or discharging of a dangerous weapon at another person.

Background

Penalties under Iowa Code section 708.6 range from a Class D felony to a Class C felony depending on the circumstances. 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. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but not more than $13,660. In FY 2025, there were 98 convictions under Iowa Code section 708.6. Of those convictions, 89 offenders were involved. During the same time period, 59 individuals were admitted to prison, 43 individuals were admitted to probation, and 27 individuals were admitted to parole under an Iowa Code section 708.6 offense.

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 Department of Corrections (DOC) for supervision during a selected time period, based on the most serious offense committed.

Correctional Impact

The correctional impact of the Bill cannot be determined because the number of new convictions cannot be estimated. Figure 1 shows sentencing estimates 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 a Class C felony and Class D felony. 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.

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

D Felony Persons 79.7% 18.1 $23.07 57.6% 40.0 $8.00 $16.35 $50.00 16.8 $8.00 C Felony Persons 89.1% 39.1 $23.07 30.1% 42.8 $8.00 $16.35 $50.00 27.2 $8.00

Minority Impact

The minority impact cannot be determined since it is not known how many additional convictions would result from the changes under the Bill. However, the Bill may disproportionately impact Black individuals if trends remain constant. Of the 89 individuals convicted under Iowa Code section 708.6 in FY 2025, 31.5% of offenders were White, 60.3% were Black, and 8.2% were other races. Iowa’s population is 83.2% White, 4.2% Black, and 12.6% other races. 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 cannot be determined because the number of new convictions cannot be estimated. Figure 2 shows the average State cost per offense for a Class C felony 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 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 D Felony $13,000 to $18,100 Class C Felony $15,000 to $25,200

Sources

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