Fiscal Note
Fiscal Services Division
SF 84 – Sexual Exploitation of a Minor, Penalties (LSB1440XS.2)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 84 relates to the offense of sexual exploitation of a minor, undercover law
enforcement officers or agents posing as minors, and the offense of stalking.
Division I — Sexual Exploitation of a Minor
Description
Division I expands the offenses of enticement of a minor under Iowa Code section 710.10,
sexual exploitation of a minor under Iowa Code section 728.12(1), and telephone dissemination
of obscene material to minors under Iowa Code section 728.15 to include a law enforcement
officer or agent posing as a minor.
Division I enhances the penalties for sexual exploitation of a minor under Iowa Code section
728.12 by one offense class and provides that a court is not permitted to defer judgment for this
offense.
Division I creates a 50.0% to 70.0% mandatory minimum sentence for a person convicted of
sexual exploitation of a minor under Iowa Code section 728.12(1). At the time of sentencing,
the court will determine the mandatory minimum sentence based upon all pertinent information
including the person’s criminal record, a validated risk assessment, and the negative impact the
offense has had on the victim or other persons.
Division I increases the time under supervision as part of the special sentence from 10 years to
life for individuals convicted of sexual exploitation of a minor under Iowa Code section 728.12(2)
or a second offense under Iowa Code section 728.12(3).
Division I requires the court to order restitution when the offender is convicted of certain
categories of sexual exploitation of a minor and details the minimum amount.
Background
Iowa Code section 710.10 provides penalties for enticement of a minor, ranging from an
aggravated misdemeanor to a Class C felony, depending on the circumstances of the offense.
Under Iowa Code section 728.12, the penalties for sexual exploitation of a minor range from an
aggravated misdemeanor to a Class C felony, depending on the circumstances of the offense,
as follows:
• Iowa Code section 728.12(1): A Class C felony for causing or attempting to cause a minor
to engage in a prohibited sexual act or in the simulation of a prohibited sexual act, with the
knowledge or intent that the act may be photographed, filmed, or otherwise preserved in a
visual depiction.
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• Iowa Code section 728.12(2): A Class D felony for knowingly promoting any material
visually depicting a live performance of a minor engaging in a prohibited sexual act or in the
simulation of a prohibited sexual act.
• Iowa Code section 728.12(3): An aggravated misdemeanor for a first offense of knowingly
purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act
or the simulation of a prohibited sexual act.
• Iowa Code section 728.12(3): A Class D felony for a second or subsequent offense of
knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited
sexual act or the simulation of a prohibited sexual act.
Iowa Code section 728.15 prohibits a person from knowingly disseminating obscene material by
the use of telephones to a minor. The penalty is an aggravated misdemeanor for a first offense
and a Class D felony for a second or subsequent offense.
According to Iowa Code chapter 903B, individuals convicted of sexual exploitation of a minor
under Iowa Code section 728.12(1) are sentenced to supervision under the special sentence for
life. All other individuals convicted of sexual exploitation of a minor are sentenced to
supervision under the special sentence for 10 years. A special sentence is defined as a
punishment in addition to the punishment for the underlying criminal offense and consists of
committing the individual to the custody of the Department of Corrections (DOC). An individual
serving a special sentence begins the sentence in the same manner as if the individual were on
parole or part of a work release program. The special sentence is subject to revocation for up to
two years for a first revocation and up to five years for a second or any subsequent revocation.
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 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. A Class C felony is
punishable by confinement for up to ten years and a fine of at least $1,370 but not more than
$13,660. A Class B felony is punishable by confinement for no more than 25 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 lag effect 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.
• The marginal cost per day in prison is $23.42.
• Prison admissions include only individuals admitted to prison whose most serious offense is
sexual exploitation of a minor.
Correctional Impact
Division I increases the penalties for sexual exploitation of a minor and is estimated to increase
the LOS for individuals admitted to prison for this offense. In FY 2022, 14 individuals were
admitted to prison for sexual exploitation of a minor. Table 1 shows the estimated increase in
LOS under Division I for those annually admitted to prison for this offense.
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 Table 1 — Increase in LOS Under Division I of SF 84
Annual Increase in LOS
Code Section
Admissions (Months)
728.12(1) 3 119.5
728.12(2) 2 39.4
728.12(3) 1st Offense 9 13.0
728.12(3) 2nd or Subsequent Offense 0 39.4
Division I is also estimated to increase the length of time for supervision under the special
sentence for some individuals, as more individuals would be supervised under the special
sentence for life.
Additionally, Division I expands the definition of existing offenses to include a law enforcement
officer or agent posing as a minor. The correctional impact cannot be determined because the
number of additional convictions that will result from this expansion is unknown. Table 2 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 all convictions of Class B felonies, Class C felonies, Class D felonies, and
aggravated misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed
to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated
January 20, 2023, for information related to the correctional system.
Table 2 — Sentencing Estimates and LOS
FY 22 Avg FY 22 Percent Percent FY 22 FY 22
Percent LOS in Marginal Percent FY 22 Avg FY 22 Avg Sentenced FY 22 Ordered Avg LOS Marginal
Ordered Prison in Cost Per Ordered LOS on Cost Per to CBC Marginal to Marginal on Cost Per
Conviction to State Months (All Day to Probation Day Residential Cost Per County Cost Per Parole in Day
Offense Class Prison Releases) Prison Probation in Months Probation Facility Day CBC Jail Day Jail Months Parole
B Felony
100.0% 184.5 $23.42 8.0% 53.9 $7.27 1.3% $20.67 42.7% $50.00 16.1 $7.27
(Sex)
C Felony
89.8% 50.1 $23.42 27.6% 39.0 $7.27 3.6% $20.67 43.2% $50.00 19.5 $7.27
(Persons)
D Felony
79.6% 19.7 $23.42 59.0% 33.2 $7.27 8.6% $20.67 26.3% $50.00 14.4 $7.27
(Persons)
D Felony
83.9% 13.9 $23.42 68.0% 33.5 $7.27 13.3% $20.67 31.4% $50.00 15.5 $7.27
(Non-Persons)
Aggravated
Misdemeanor 45.5% 9.7 $23.42 64.9% -- $7.27 3.8% $20.67 55.6% $50.00 7.0 $7.27
(Persons)
Aggravated
Misdemeanor 31.4% 7.5 $23.42 45.6% 20.7 $7.27 3.3% $20.67 72.2% $50.00 8.2 $7.27
(Non-Persons)
Note: Enticement of a minor is a persons offense. Sexual exploitation of a minor is a sex offense. Telephone dissemination of obscene material to
minors is a non-persons offense.
Minority Impact
Division I increases the penalties for sexual exploitation of a minor and may disproportionately
impact African American individuals if trends remain constant. Of the 193 convictions of sexual
exploitation of a minor in FY 2022, 89.5% of offenders were Caucasian, 7.7% were African
American, and 2.8% were other races. Iowa’s population is 84.5% Caucasian, 3.6% African
American, and 11.9% other races.
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Division I also expands the definition of existing offenses to include a law enforcement officer or
agent posing as a minor. The minority impact of this expansion cannot be estimated. However,
of the 177 convictions for offenses under Iowa Code sections 710.10, 728.12, and 728.15 in
FY 2022, 87.4% involved Caucasian individuals, 9.0% involved African American individuals,
and 3.6% involved individuals of other races. Iowa’s population is 84.5% Caucasian, 3.6%
African American, and 11.9% other races. Refer to the LSA memo addressed to the General
Assembly, Minority Impact Statement, dated January 20, 2023, for information related to
minorities in the criminal justice system.
Fiscal Impact
Division I is estimated to increase costs to the DOC by approximately $395,000 per group of
individuals admitted to prison each year for sexual exploitation of a minor, as shown in Table 3.
This cost is incurred across the entire LOS. Table 3 represents the cost of all individuals
admitted to prison for this offense in one year. This cost would recur for each yearly group of
admissions.
Table 3 — Increase in Cost Under Division I of SF 84
Annual Cost Per LOS
Code Section Penalty Total Cost
Admissions Day (Days)
Current Penalties
728.12(1) Class C Felony 3 $23.42 1,976 $138,834
728.12(2) Class D Felony 2 $23.42 778 36,442
728.12(3) 1st Offense Aggravated Misdemeanor 9 $23.42 383 80,729
728.12(3) 2nd Offense Class D Felony 0 $23.42 778 0
Total 14 $256,005
Penalties Under SF 84
728.12(1) Class B Felony 3 $23.42 5,609 $394,088
728.12(2) Class C Felony 2 $23.42 1,976 92,556
728.12(3) 1st Offense Class D Felony 9 $23.42 778 163,987
728.12(3) 2nd Offense Class C Felony 0 $23.42 1,976 0
Total 14 $650,631
Additionally, Division I may result in more admissions to prison for sexual exploitation of a minor
due to the increased penalties. This would lead to additional costs to the DOC, but the extent of
this increase in costs cannot be estimated. The fiscal impact to the DOC due to increasing the
length of the special sentence for some individuals cannot be estimated.
Division I also expands the definition of existing offenses to include a law enforcement officer or
agent posing as a minor. The fiscal impact cannot be determined because the number of
additional convictions resulting from this expansion cannot be estimated. Table 4 shows the
average State cost per offense for a Class B felony, Class C felony, Class D felony, and
aggravated misdemeanor. The estimated impact to the State General Fund includes operating
costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs
would be incurred across multiple fiscal years for prison and parole supervision.
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 Table 4 — Average State Cost Per Offense
Offense Class Average Cost
Class B Felony $14,200 to $46,300
Class C Felony $12,100 to $25,100
Class D Felony $9,500 to $17,400
Aggravated Misdemeanor $5,000 to $9,600
Division II — Stalking Utilizing a Technological Device
Description
Division II increases existing penalties for stalking under Iowa Code section 708.11 and
establishes the penalty for stalking while utilizing a technological device as a Class C felony.
Division II increases the penalty for stalking from a Class D felony to a Class C felony under the
following circumstances:
• When the person commits stalking while subject to restrictions contained in a criminal or civil
protection order.
• When the person commits stalking while in possession of a dangerous weapon.
• When the person commits stalking by directing a course of conduct at a specific person who
is under 18 years of age.
Under Division II, the penalty for stalking without any of the above circumstances is an
aggravated misdemeanor for a first offense, a Class D felony for a second offense, and a Class
C felony for a third or subsequent offense.
Background
Iowa Code section 708.11 contains the penalties for stalking. Stalking is a Class C felony for a
third or subsequent offense. Stalking is a Class D felony under the following circumstances:
• When the person commits stalking while subject to restrictions contained in a criminal or civil
protective order or injunction, under Iowa Code section 708.11(3)(b)(1).
• When the person commits stalking while in possession of a dangerous weapon, under Iowa
Code section 708.11(3)(b)(2).
• When the person commits stalking by directing a course of conduct at a specific person who
is under 18 years of age, under Iowa Code section 708.11(3)(b)(3).
• When the offense is a second offense, under Iowa Code section 708.11(3)(b)(4).
Stalking is an aggravated misdemeanor if the offense is a first offense and is not included under
the circumstances that classify the offense as a Class D felony.
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. 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.
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Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner LOS; revocation rates; plea bargaining; and other criminal
justice system policies and practices.
• A lag effect 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.
• The marginal cost per day in prison is $23.42. The marginal cost per day on probation and
parole is $7.27.
• Admissions include only individuals admitted to prison or CBC whose most serious offense
is stalking.
Correctional Impact
In FY 2022, 17 individuals were admitted to prison and 22 individuals were admitted to CBC for
stalking while subject to a protective order under Iowa Code section 708.11(3)(b)(1). No
individuals were admitted to prison or CBC for stalking while in possession of a dangerous
weapon under Iowa Code section 708.11(3)(b)(2) or stalking someone under 18 years of age
under Iowa Code section 708.11(3)(b)(3).
As a result of increasing the penalty for these offenses, 20 individuals who would annually be
admitted to CBC under current law may instead be admitted to prison. Additionally, the
estimated LOS for individuals admitted to prison for stalking while subject to a protective order
under Iowa Code section 708.11(3)(b)(1) would increase from 19.7 months to 50.1 months.
Therefore, the prison population is estimated to increase under Division II.
Division II establishes the penalty for stalking while utilizing a technological device as a Class C
felony. The correctional impact of this portion of Division II cannot be estimated due to a lack of
existing conviction data. Refer to the LSA memo addressed to the Genera