Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 2241 – Sexual Exploitation of Minors, Use of Falsely Created Images (LSB5064HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2241 expands the definition of the sexual exploitation of a minor under Iowa Code
section 728.12(3) to include any type of visual depiction that has been created, adapted, or
modified to give the appearance that an identifiable minor is engaging in a prohibited sexual act
or in the simulation of a prohibited sexual act.
Background
Iowa Code section 728.12 establishes the penalties for the sexual exploitation of a minor.
Under current law, a person who commits a violation of Iowa Code section 728.12(3) (purchase
or possession of visual depictions) commits a Class D felony for a first offense and a Class C
felony for a second or subsequent offense.
In FY 2023, 40 individuals were convicted of the sexual exploitation of a minor under Iowa Code
section 728.12(3). In the same fiscal year, 6 individuals were admitted to prison and 15
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.
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 2241 expands the definition of an existing offense. The correctional impact cannot
be estimated because it is not known how many additional convictions would result from the
changes in definitions. 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 16, 2024,
for information related to the correctional system.
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                                Figure 1 — Sentencing Estimate and Length of Stay (LOS)
                                    FY 2023                                               Percent
                           Percent Avg LOS                        FY23 Field            Sentenced to             Percent
                           Ordered in Prison Marginal    Percent   Avg LOS Avg Cost         CBC        Marginal Ordered     Marginal FY23 Field Marginal
                           to State   (All    Cost Per Ordered to     on     Per Day on Residential    Cost Per to County   Cost Per Avg LOS     Cost Per
Conviction Offense Class    Prison Releases) Day Prison Probation Probation Probation     Facility     Day CBC     Jail      Day Jail on Parole Day Parole
C Felony (Sex)              93.5%     65.2     $24.94     28.6%      41.5    $     7.67    5.4%        $ 20.00    39.6%     $ 50.00     10.5    $     7.67
D Felony (Sex)              91.5%     32.3     $24.94     45.4%      40.1    $     7.67    2.8%        $ 20.00    39.7%     $ 50.00      8.7    $     7.67
        Minority Impact
        The minority impact cannot be determined since it is not known how many additional crimes
        would result from the changes in definitions. 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 2241 may increase the number of offenders admitted to prison 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       $14,300 to $27,500
                                               Class D Felony       $12,600 to $18,200
        Sources
        Department of Corrections
        Criminal and Juvenile Justice Planning, Department of Management
        Legislative Services Agency
                                                                                                   /s/ Jennifer Acton
                                                                                                   February 22, 2024
        Doc ID 1445708
        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: 728.12