Relating to sexual exploitation of a minor, and making penalties applicable

Description

Senate File 150 amends Iowa Code section 728.12(3)(b) to provide that knowingly purchasing or possessing multiple visual depictions containing pictorial representations of the same minor engaging in prohibited sexual acts or the simulation of prohibited sexual acts are to be prosecuted and punished as separate offenses.

Background

Iowa Code section 728.12(3) prohibits knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. Under current law, a person who violates this Iowa Code section commits a Class D felony for a first offense and a Class C felony for a second or subsequent offense.

Under Iowa Code section 728.12(3)(b), visual depictions containing representations of different minors are prosecuted and punished as separate offenses for each representation of a different minor in the visual depiction. However, violations of this Iowa Code section involving multiple visual depictions of the same minor are prosecuted and punished as one offense. In FY 2024, 59 individuals were convicted of the sexual exploitation of a minor under Iowa Code section 728.12(3). In the same fiscal year, 10 individuals were admitted to prison and 29 individuals were admitted to probation on the most serious offense under Iowa Code section 728.12(3).

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. 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 violation of Iowa Code section 728.12(3) is a Tier II sex offense and a person convicted of this offense is required to register as a sex offender. A person convicted of the offense is also subject to a 10-year special sentence imposed in addition to any other sentence.

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

The correctional impact cannot be estimated because it is not known how many additional convictions would result from treating each depiction as a separate offense. 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 C felonies 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 Estimate and Length of Stay (LOS)

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. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 150 may increase the number of convictions under Iowa Code section 728.12(3); however, the extent of the increase in costs to the Department of Corrections (DOC) is unknown.

Figure 2 shows the average State cost per offense for a Class D and Class C felony. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The cost would be incurred across multiple fiscal years for prison and parole supervision.

Figure 2 — Average State Cost Per Offense

Offense Class Average Cost

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