Bill Text: IA HF406 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to human trafficking and providing penalties.(See HF 630.)
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2023-03-09 - Withdrawn. H.J. 596. [HF406 Detail]
Download: Iowa-2023-HF406-Introduced.html
House
File
406
-
Introduced
HOUSE
FILE
406
BY
M.
THOMPSON
,
HAYES
,
THOMSON
,
FISHER
,
STOLTENBERG
,
SHERMAN
,
OSMUNDSON
,
HENDERSON
,
BRADLEY
,
DIEKEN
,
GEHLBACH
,
CARLSON
,
GERHOLD
,
JOHNSON
,
DUNWELL
,
RINKER
,
SHIPLEY
,
HOLT
,
and
DETERMANN
A
BILL
FOR
An
Act
relating
to
human
trafficking
and
providing
penalties.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
710A.2,
Code
2023,
is
amended
to
read
as
1
follows:
2
710A.2
Human
trafficking.
3
1.
A
person
who
knowingly
engages
in
human
trafficking
is
4
guilty
of
a
class
“D”
“B”
felony,
except
that
if
the
victim
is
5
under
the
age
of
eighteen,
the
person
is
guilty
of
a
class
“C”
6
“A”
felony.
7
2.
A
person
who
knowingly
engages
in
human
trafficking
by
8
causing
or
threatening
to
cause
serious
physical
injury
to
9
another
person
is
guilty
of
a
class
“C”
“A”
felony
,
except
10
that
if
the
victim
is
under
the
age
of
eighteen,
the
person
is
11
guilty
of
a
class
“B”
felony
.
12
3.
A
person
who
knowingly
engages
in
human
trafficking
by
13
physically
restraining
or
threatening
to
physically
restrain
14
another
person
is
guilty
of
a
class
“D”
“B”
felony,
except
15
that
if
the
victim
is
under
the
age
of
eighteen,
the
person
is
16
guilty
of
a
class
“C”
“A”
felony.
17
4.
A
person
who
knowingly
engages
in
human
trafficking
by
18
soliciting
services
or
benefiting
from
the
services
of
a
victim
19
is
guilty
of
a
class
“D”
“B”
felony,
except
that
if
the
victim
20
is
under
the
age
of
eighteen,
the
person
is
guilty
of
a
class
21
“C”
“A”
felony.
22
5.
A
person
who
knowingly
engages
in
human
trafficking
by
23
abusing
or
threatening
to
abuse
the
law
or
legal
process
is
24
guilty
of
a
class
“D”
“B”
felony,
except
that
if
the
victim
is
25
under
the
age
of
eighteen,
the
person
is
guilty
of
a
class
“C”
26
“A”
felony.
27
6.
A
person
who
knowingly
engages
in
human
trafficking
by
28
knowingly
destroying,
concealing,
removing,
confiscating,
or
29
possessing
any
actual
or
purported
government
identification
of
30
another
person
is
guilty
of
a
class
“D”
“B”
felony,
except
if
31
that
other
person
is
under
the
age
of
eighteen,
the
person
is
32
guilty
of
a
class
“C”
“A”
felony.
33
7.
A
person
who
benefits
financially
or
by
receiving
34
anything
of
value
from
knowing
participation
in
human
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trafficking
is
guilty
of
a
class
“D”
“B”
felony,
except
that
if
1
the
victim
is
under
the
age
of
eighteen,
the
person
is
guilty
2
of
a
class
“C”
“A”
felony.
3
8.
A
person
who
knowingly
engages
in
human
trafficking
4
by
knowingly
providing
or
facilitating
the
provision
of
a
5
forged,
altered,
or
fraudulent
license
purportedly
issued
6
pursuant
to
chapter
152C
or
157
,
or
a
forged,
altered,
or
7
fraudulent
government
identification
to
another
person,
to
8
force,
coerce,
entice,
assist,
facilitate,
or
permit
the
other
9
person
to
perform
labor
or
services
is
guilty
of
an
aggravated
10
misdemeanor
a
class
“D”
felony
,
except
if
that
other
person
is
11
under
the
age
of
eighteen,
the
person
is
guilty
of
a
class
“D”
12
“B”
felony.
13
9.
A
person
who
knowingly
engages
in
human
trafficking
14
by
knowingly
forcing,
coercing,
enticing,
assisting,
15
facilitating,
or
permitting
another
person
in
possession
of
16
a
forged,
altered,
or
fraudulent
license
purportedly
issued
17
pursuant
to
chapter
152C
or
157
,
or
a
forged,
altered,
or
18
fraudulent
government
identification,
to
produce
such
license
19
or
government
identification
upon
request
of
a
peace
officer
20
pursuant
to
section
152C.5B
or
157.4A
,
is
guilty
of
an
21
aggravated
misdemeanor
a
class
“D”
felony
,
except
if
that
other
22
person
is
under
the
age
of
eighteen,
the
person
is
guilty
of
a
23
class
“D”
“B”
felony.
24
10.
A
person’s
ignorance
of
the
age
of
the
victim
or
25
a
belief
that
the
victim
was
older
is
not
a
defense
to
a
26
violation
of
this
section
.
27
11.
A
person
who
is
found
guilty
,
or
who
enters
a
plea
of
28
guilty
,
receives
a
deferred
judgment,
or
receives
a
deferred
or
29
suspended
sentence
for
to
a
violation
of
this
chapter
shall
be
30
ineligible
for
a
license
pursuant
to
chapter
152C
or
157
for
a
31
period
of
not
less
than
five
years
from
the
date
of
conviction,
32
plea,
judgment,
or
sentence.
33
12.
A
person
who
is
sentenced
under
the
provisions
of
this
34
section
shall
not
be
eligible
for
a
deferred
judgment
or
a
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deferred
or
suspended
sentence.
1
Sec.
2.
Section
907.3,
subsection
1,
paragraph
a,
Code
2023,
2
is
amended
by
adding
the
following
new
subparagraph:
3
NEW
SUBPARAGRAPH
.
(15)
The
offense
is
a
violation
of
4
section
710A.2.
5
Sec.
3.
Section
907.3,
subsection
2,
paragraph
a,
Code
2023,
6
is
amended
by
adding
the
following
new
subparagraph:
7
NEW
SUBPARAGRAPH
.
(9)
The
offense
is
a
violation
of
section
8
710A.2.
9
Sec.
4.
Section
907.3,
subsection
3,
Code
2023,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
h.
A
sentence
imposed
pursuant
to
section
12
710A.2.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
human
trafficking.
17
Current
law
provides
for
penalties
for
a
human
trafficking
18
crime
committed
in
violation
of
Code
section
710A.2
ranging
19
from
an
aggravated
misdemeanor
to
a
class
“C”
felony
depending
20
on
the
elements
of
the
crime
alleged
and
the
age
of
the
21
victim.
Current
law
also
allows
for
a
deferred
judgment
or
a
22
deferred
or
suspended
sentence
for
a
person
who
commits
a
human
23
trafficking
crime.
24
The
bill
increases
the
penalties
imposed
for
a
human
25
trafficking
crime
listed
in
Code
section
710A.2.
The
penalties
26
imposed
range
from
a
class
“D”
felony
to
a
class
“A”
felony.
27
The
bill
provides
that
a
person
who
is
sentenced
for
a
human
28
trafficking
crime
shall
not
be
eligible
for
a
deferred
judgment
29
or
a
deferred
or
suspended
sentence.
30
The
bill
provides
that
a
person
who
knowingly
engages
in
31
human
trafficking
is
guilty
of
a
class
“B”
felony,
except
32
that
if
the
victim
is
under
the
age
of
18,
the
person
is
33
guilty
of
a
class
“A”
felony.
If
the
offense
involves
causing
34
or
threatening
to
cause
serious
physical
injury
to
another
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person,
the
person
is
guilty
of
a
class
“A”
felony.
A
person
1
who
knowingly
engages
in
human
trafficking
by
physically
2
restraining
or
threatening
to
physically
restrain
another
3
person
is
guilty
of
a
class
“B”
felony,
except
that
if
the
4
victim
is
under
the
age
of
18,
the
person
is
guilty
of
a
class
5
“A”
felony.
6
The
bill
provides
that
a
person
who
knowingly
engages
in
7
human
trafficking
who
solicits
services
or
benefits
from
the
8
services
of
a
victim
is
guilty
of
a
class
“B”
felony,
except
9
that
if
the
victim
is
under
the
age
of
18,
the
person
is
guilty
10
of
a
class
“A”
felony.
A
person
who
knowingly
engages
in
11
human
trafficking
who
abuses
or
threatens
to
abuse
the
law
or
12
legal
process
is
guilty
of
a
class
“B”
felony,
except
that
if
13
the
victim
is
under
the
age
of
18,
the
person
is
guilty
of
a
14
class
“A”
felony.
A
person
who
knowingly
engages
in
human
15
trafficking
by
knowingly
destroying,
concealing,
removing,
16
confiscating,
or
possessing
any
actual
or
purported
government
17
identification
of
another
person
is
guilty
of
a
class
“B”
18
felony,
except
that
if
the
other
person
is
under
the
age
of
19
18,
the
person
is
guilty
of
a
class
“A”
felony.
A
person
who
20
benefits
financially
or
by
receiving
anything
of
value
from
21
knowing
participation
in
human
trafficking
is
guilty
of
a
class
22
“B”
felony,
except
that
if
the
victim
is
under
the
age
of
18,
23
the
person
is
guilty
of
a
class
“A”
felony.
24
A
person
who
knowingly
engages
in
human
trafficking
by
25
knowingly
providing
or
facilitating
the
provision
of
a
forged,
26
altered,
or
fraudulent
license,
or
a
forged,
altered,
or
27
fraudulent
government
identification
to
another
person,
to
28
force,
coerce,
entice,
assist,
facilitate,
or
permit
the
other
29
person
to
perform
labor
or
services
or
to
produce
such
license
30
or
government
identification
upon
request
of
a
peace
officer
is
31
guilty
of
a
class
“D”
felony,
except
that
if
the
other
person
32
is
under
the
age
of
18,
the
person
is
guilty
of
a
class
“B”
33
felony.
34
A
class
“A”
felony
is
punishable
by
confinement
for
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life
without
possibility
of
parole.
A
class
“B”
felony
is
1
punishable
by
confinement
for
no
more
than
25
years.
A
class
2
“C”
felony
is
punishable
by
confinement
for
no
more
than
10
3
years
and
a
fine
of
at
least
$1,370
but
not
more
than
$13,660.
4
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
5
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
6
$10,245.
7
The
bill
makes
conforming
Code
changes
relating
to
deferred
8
judgments,
and
deferred
or
suspended
sentences.
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