Relating to invasion of privacy, and making penalties applicable

Description

Senate File 289 adds that a person who is knowingly in possession, for no legitimate purpose, of a photograph or film that meets the conditions listed under Iowa Code section 709.21 commits invasion of privacy.

Background

Under Iowa Code section 709.21, a person who knowingly views, photographs, or films another person for the purpose of arousing or gratifying the sexual desire of any person is guilty of invasion of privacy if all of the following conditions are met:

• The other person does not consent or is unable to consent to being viewed, photographed, or filmed.
• The other person is in a state of full or partial nudity.
• The other person has a reasonable expectation of privacy while in a state of full or partial nudity.

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. A violation of Iowa Code section 709.21 is a Tier II sex offense, and a person convicted of this offense is required to register as a sex offender for a period of 10 years.

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 of the Bill cannot be determined because the number of new convictions cannot be estimated. 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 Months

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 Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 289 may increase the number of convictions under Iowa Code section 709.21; 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 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

Offense Class Average Cost

Aggravated Misdemeanor $6,800 to $11,800

Sources

• Department of Corrections
• Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)