Fiscal Note
Fiscal Services Division
SF 2186 – Unauthorized Dissemination of Sexually Explicit Images (LSB5533SV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2186 makes the following changes:
• The Bill expands the definition of “another person” as it pertains to harassment and
extortion.
• Expands the definition of extortion to include a person who threatens to disseminate,
publish, distribute, or post a photograph or film showing another person in a state of full or
partial nudity, knowing that the other person has not consented to the dissemination,
publication, distribution, or posting of the material.
• The perpetrator of extortion may be charged with involuntary manslaughter, in addition to
the penalties for extortion, if the victim of extortion commits suicide as a result.
• The perpetrator of the harassment may be charged with involuntary manslaughter, in
addition to the penalties for harassment, if the victim of extortion commits suicide as a result.
Background
Under Iowa Code section 711.4, a person commits an act of extortion when, to obtain for
oneself or another anything of value, tangible or intangible, including labor or services, the
person does any of the following:
• Threatens to inflict physical injury on some person, or to commit any public offense.
• Threatens to accuse another of a public offense.
• Threatens to expose another person to hatred, contempt, or ridicule.
• Threatens to harm the credit, business, or professional reputation of any person.
• Threatens to take or withhold action as a public officer or employee, or to cause some public
official or employee to take or withhold action.
• Threatens to testify or provide information or to withhold testimony or information with
respect to another person’s legal claim or defense.
The penalty for extortion is a Class D felony.
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
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 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.
The penalty for harassment in the first degree is an aggravated misdemeanor.
Under Iowa Code section 707.5, involuntary manslaughter is punishable as a Class D felony
when the person unintentionally causes the death of another person by the commission of a
public offense other than a forcible felony or escape.
In FY 2023, there were 28 convictions under Iowa Code section 711.4(1) and 20 convictions
under Iowa Code section 708.7(1)(a)(5).
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025
but no more than $10,245.An aggravated misdemeanor is punishable by up to two years in
confinement 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
Senate File 2186 expands the definitions of extortion and harassment. The Bill also provides
that individuals that commit harassment or extortion that result in a victim committing suicide
may be charged with involuntary manslaughter. It is not known how many additional convictions
under extortion or harassment would result from the expanded definition. It is also not known
how many convictions involving harassment or extortion would result in a victim committing
suicide. 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 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.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Percent
Percent FY 2023 Marginal FY23 Field Avg Cost Sentenced Percent Marginal
Ordered to Avg LOS in Cost Per Percent Avg LOS Per Day to CBC Marginal Ordered Marginal FY23 Field Cost Per
State Prison (All Day Ordered to on on Residential Cost Per to County Cost Per Avg LOS Day
Conviction Offense Class Prison Releases) Prison Probation Probation Probation Facility Day CBC Jail Day Jail on Parole Parole
D Felony (Non-Persons) 84.4% 13.0 $24.94 69.8% 39.5 $ 7.67 14.5% $ 20.00 32.2% $ 50.00 15.7 $ 7.67
Minority Impact
The minority impact cannot be estimated due to a lack of existing conviction data. 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
The fiscal impact cannot be estimated due to a lack of existing conviction data. The average
state cost per Class D felony is between $12,600 and $18,200. The estimated impact to the
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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
February 14, 2024
Doc ID 1445947
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, 711.4