Relating to harassment by the dissemination, publication, distribution, or posting of personal information, and making penalties applicable

Description

House File 849 expands the definition of harassment by adding provisions relating to the dissemination, publication, distribution, or posting of personal information. Under the Bill, a person commits harassment when they purposefully and without legitimate purpose disseminates, publishes, distributes, or posts personal information about another person, without the other person’s consent, with the intent to threaten, intimidate, annoy, or alarm the other person, or with the intent to encourage or entice third parties to threaten, intimidate, annoy, or alarm the other person. A violation is harassment in the first degree under Iowa Code section 708.7(2)(a), which is an aggravated misdemeanor.

Background

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.

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 849 expands the definition of harassment. The correctional impact cannot be estimated but is expected to increase the number of convictions under Iowa Code section 708.7. 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. 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 MonthsConviction Offense Class

Percent

Ordered to

State Prison

FY 2024 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day

Percent

Ordered to

Probation

FY24 Field

Avg LOS on

Probation

Avg Cost

Per Day on

Probation

Marginal

Cost CBC

Per Day

Marginal

Cost Per

Day Jail

FY24 Field

Avg LOS on

Parole

Marginal

Cost Per

Day Parole

Aggravated Misdemeanor

(Persons) 48.9% 9.5 $24.51 58.9% 26.0 $7.68 $18.37 $50.00 22.5 $7.68

Minority Impact

House File 849 creates a new criminal offense by expanding the definition of harassment. As a result, the Department of Management (DOM) Criminal Justice Planning 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 849 is expected to increase the number of convictions under Iowa Code section 708.7, but 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 an aggravated misdemeanor. 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

Sources

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