Fiscal Note
Fiscal Services Division
SF 470 – Child Pornography (LSB1847SV)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 470 modifies the offense of knowingly purchasing or possessing a visual depiction
containing a pictorial representation of a minor engaging in a prohibited sexual act or the
simulation of a prohibited sexual act. The Bill provides that a visual depiction containing
pictorial representations of the same minor are prosecuted and punished as separate offenses
for each pictorial representation of the same minor, rather than as one offense.
Background
Under Iowa Code section 728.12(3), it is unlawful to knowingly purchase or possess a visual
depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual
act. A visual depiction containing pictorial representations of different minors is prosecuted and
punished as separate offenses for each pictorial representation of a different minor. However,
violations involving multiple visual depictions of the same minor are prosecuted and punished as
one offense.
The penalty for a violation of Iowa Code section 728.12(3) is an aggravated misdemeanor for a
first offense and a Class D felony for a second or subsequent offense, and it is a Tier II sex
offense under the Sex Offender Registry. A person who violates Iowa Code section 728.12(3)
is subject to a special sentence under Iowa Code section 903B.2.
An aggravated misdemeanor is punishable by confinement of 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 of up to
five years and a fine of at least $1,025 but not more than $10,245. Registration as a Tier II sex
offender requires an offender to report in person to verify the offender’s registration information
every six months.
A person who violates Iowa Code section 728.12(3) is subject to a special sentence pursuant to
Iowa Code section 903B.2. A special sentence is 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) for 10 years. A person 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.
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.
1
Correctional Impact
Senate File 470 modifies an existing criminal offense, and the correctional impact cannot be
estimated because the number of past convictions involving multiple images of the same minor
is not known. The Bill could increase the number of convictions for this offense, but the extent
of this increase cannot be estimated.
Table 1 below shows estimates for sentencing to State prison, parole, probation, or
community-based corrections (CBC) residential facilities; LOS under those supervisions; and
supervision marginal costs per day for all convictions of Class D felonies and aggravated
misdemeanors for sex offenses. 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 1 — 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
Conviction Ordered Prison in Cost Per Ordered LOS on Cost Per to CBC Marginal to Marginal on Cost Per
Offense to State Months (All Day to Probation Day Residential Cost Per County Cost Per Parole in Day
Class Prison Releases) Prison Probation in Months Probation Facility Day CBC Jail Day Jail Months Parole
D Felony
76.3% 25.6 $23.42 51.7% 47.3 $7.27 4.2% $20.67 31.4% $50.00 7.0 $7.27
(Sex)
Aggravated
Misdemeanor 70.7% 12.6 $23.42 57.2% 26.2 $7.27 2.4% $20.67 35.2% $50.00 16.0 $7.27
(Sex)
Minority Impact
Senate File 470 modifies an existing criminal offense, and the minority impact cannot be
estimated. However, if the Bill increases the number of convictions for this offense, it may
disproportionately impact African American individuals. Of the 148 convictions under Iowa
Code section 728.12(3) in FY 2022, 89.9% involved Caucasian individuals, 7.1% involved
African American individuals, and 3.0% 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
Senate File 470 modifies an existing criminal offense, and the fiscal impact cannot be estimated
because the number of past convictions involving multiple images of the same minor is not
known. The average State cost per offense for a Class D felony ranges from $9,500 to
$17,400. The average State cost per offense for an aggravated misdemeanor ranges from
$5,000 to $9,600. The estimated impact to the State 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.
Sources
Division of Criminal and Juvenile Justice Planning, Department of Human Rights
Department of Corrections
Legislative Services Agency
/s/ Jennifer Acton
March 6, 2023
Doc ID 1370323
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
2