Fiscal Note
Fiscal Services Division
HF 2318 – Bestiality, Definition and Penalties (LSB5424HV.1)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 2318 increases penalties for, expands the definition of, and creates exceptions to
the crime of bestiality related to the practice of veterinary medicine. The Bill increases the
penalty for bestiality from an aggravated misdemeanor to a Class D felony for subsequent
offenses. The Bill also creates a Class D felony for a person who commits bestiality and has
been previously convicted of a violation of Iowa Code section 717B.2 (animal abuse), 717B.3
(animal neglect), 717B.3A (animal torture), or 717B.3B (animal mistreatment).
Background
Iowa Code section 717C.1 defines a “sex act” as it relates to bestiality. Current law also
requires a person convicted of bestiality to submit to a psychological evaluation and treatment at
the person’s expense, in addition to any sentence authorized by law.
In FY 2023, three individuals were convicted of a bestiality offense. Of these, there were no
prison admissions and one individual was admitted to probation.
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. 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 2318 increases penalties and expands the definition of an existing criminal offense.
The correctional impact cannot be determined due to a lack of existing conviction data but is
anticipated to be minimal. 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.
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 Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Percent
FY 2023 Avg Marginal FY23 Field Avg Cost Sentenced
Percent LOS in Prison Percent Avg LOS Per Day to CBC Marginal Percent Marginal FY23 Field Marginal
Ordered to Prison (All Cost Per Ordered to on 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
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
Aggravated Misdemeanor
80.1% 8.6 $24.94 61.0% 25.6 $ 7.67 7.7% $ 20.00 38.1% $ 50.00 N/A $ 7.67
(Sex)
Minority Impact
House File 2318 increases penalties and expands the definition of an existing criminal offense.
As a result, Criminal Juvenile Justice Planning (CJJP) of the Department of Management
(DOM) cannot use existing data to determine the minority impact. 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 2318 increases penalties and expands the definition of an existing criminal offense.
The fiscal impact cannot be determined due to a lack of data but is anticipated to be minimal.
Figure 2 shows the average State cost per offense for a Class D felony and an aggravated
misdemeanor. Potential impacts to the State General Fund include operating costs incurred by
the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). Any
costs would be incurred across multiple fiscal years for prison and parole supervision.
Figure 2 — Average State Cost Per Offense
Offense Class Average Cost
Class D Felony $12,600 to $18,200
Aggravated Misdemeanor $7,500 to $10,800
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
May 1, 2024
Doc ID 1447417
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: 717C.1, 169.3
Enrolled: 717C.1, 169.3