Fiscal Note
Fiscal Services Division
HF 646 – Sexual Exploitation of a Minor, Penalties (LSB1440HV)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
House File 646 enhances the penalties for sexual exploitation of a minor by one offense class.
The Bill also provides that a court is not permitted to defer judgment for an offense of sexual
exploitation of a minor.
The Bill 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.
The Bill 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).
The Bill 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
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 of or intent that the act may be photographed, filmed, or otherwise preserved in a
visual depiction.
• 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.
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
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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 10 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 $23.32.
• Prison admissions include only individuals admitted to prison whose most serious offense is
sexual exploitation of a minor.
Correctional Impact
House File 646 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 the Bill for those annually admitted to prison for this offense.
Table 1 — Increase in LOS Under HF 646
Annual Increase in LOS
Offense Category
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
The Bill 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. 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.
Minority Impact
House File 646 increases penalties and may disproportionately impact African American
individuals if trends remain constant. Of the 193 convictions of sexual exploitation of a child 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. 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.
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Fiscal Impact
House File 646 is estimated to increase costs to the DOC by approximately $395,000 per group
of individuals admitted to prison each year for this offense, as shown in Table 2. This cost is
incurred across the entire LOS. Table 2 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 2 — Increase in Cost Under HF 646
Annual Cost Per LOS
Iowa 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 HF 646
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, the Bill may result in more admissions to prison 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.
Sources
Department of Corrections
Department of Human Rights, Division of Criminal and Juvenile Justice Planning
Legislative Services Agency
/s/ Jennifer Acton
March 13, 2023
Doc ID 1370575
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, 902.12, 915.100