Fiscal Note
Fiscal Services Division
HF 2240 – Harassment, Use of Falsely Created Images (LSB5066HV.1)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – As amended by Senate amendment H-8224
Description
House File 2240 as amended by Senate amendment H-8224 expands the definition of
harassment. Under the Bill as amended, a person who causes to be disseminated, published,
distributed, or posted any visual depiction as defined in Iowa Code section 728.1 that shows
another person in a state of full or partial nudity or engaged in a sex act, to which the other
person has not consented to the dissemination, publication, distribution, or posting of the
depiction, commits first-degree harassment, an aggravated misdemeanor. To be classified as
an act of harassment under the Bill as amended, the person committing the act must be 18
years of age or older. The individual must register as a sex offender pursuant to Iowa Code
chapter 692A.
Background
Under Iowa Code section 708.7, a person commits an act of harassment when, with the intent
to intimidate, annoy, or alarm another person, the person does any of the following:
• Communicates with another person without a legitimate purpose.
• Places a simulated explosive or incendiary device in or near a building, vehicle, airplane,
railroad engine or railroad car, or boat occupied by another person.
• Orders merchandise or services in the name of another, to be delivered to another, without
the other person’s knowledge or consent.
• Reports, or causes to be reported, false information to a law enforcement authority
implicating another in some criminal activity, knowing that the information is false, or reports
the alleged occurrence of a criminal act, knowing that the act did not occur.
• Disseminates, publishes, distributes, posts or causes to be disseminated, published,
distributed, or posted a photograph or film showing another person in a state of full or partial
nudity or engaged in a sex act, knowing that the other person has not consented to the
dissemination, publication, distribution, or posting of the photograph or film.
In FY 2023, there were 658 convictions under Iowa Code section 708.7 for first-degree
harassment.
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.
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 Correctional Impact
House File 2240 as amended expands Iowa Code section 708.7(1)(a)(5) related to harassment.
It is not known how many additional convictions of first-degree harassment would result from the
expanded definition, and therefore, the correctional impact 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 aggravated misdemeanors. Refer to the Legislative
Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for
Correctional Impact Statements, dated January 16, 2024, for information related to the
correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Percent
FY 2023 Marginal FY23 Field Sentenced
Percent Avg LOS in Prison Percent Avg LOS Avg Cost to CBC Marginal Percent Marginal FY23 Field Marginal
Ordered to Prison (All Cost Per Ordered to on Per Day on Residential CBC Cost Ordered to Cost Per Avg LOS Cost Per
Conviction Offense Class State Prison Releases) Day Probation Probation Probation Facility Per Day County Jail Day Jail on Parole Day Parole
Aggravated Misdemeanor
30.4% 7.5 $24.94 45.0% 25.1 $ 7.67 3.6% $ 20.00 71.7% $ 50.00 11.9 $ 7.67
(Non-Persons)
Minority Impact
House File 2240 as amended expands the definition of harassment. As a result, Criminal and
Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing
data to estimate the minority impact of the Bill as amended. Refer to the LSA memo addressed
to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information
related to minorities in the criminal justice system.
Fiscal Impact
House File 2240 as amended expands the definition of harassment, and the fiscal impact
cannot be estimated due to a lack of existing conviction data. The average State cost per
offense for an aggravated misdemeanor ranges from $7,500 to $10,800. The estimated impact
to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent
Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across
multiple fiscal years for prison and parole supervision.
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
March 20, 2024
Doc ID 1448180
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 708.7
Enrolled: 692A.102, 708.7