House File 63 - Introduced HOUSE FILE 63 BY WILLS A BILL FOR An Act establishing the criminal offense of human smuggling, 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1071YH (3) 91 as/js

H.F. 63 Section 1. NEW SECTION . 710.12 Human smuggling —— 1 aggravated human smuggling. 2 1. a. A person commits the offense of human smuggling when 3 the person knowingly transports another person into the state, 4 or harbors or conceals another person within the state, and all 5 of the following apply: 6 (1) The person knows or should have known that the other 7 person is entering into or remaining in the United States 8 without proper documentation. 9 (2) The person benefits financially, or receives anything 10 of value. 11 (3) The person knows or should have known that the person 12 being smuggled is likely to be exploited for the financial gain 13 of another. 14 b. A person who commits the offense of human smuggling 15 commits a class “D” felony. 16 2. a. Aggravated human smuggling is human smuggling for 17 which any of the following apply: 18 (1) The offense is committed using a dangerous weapon. 19 (2) The offense causes bodily harm, serious bodily harm, or 20 disfigurement to the person being smuggled. 21 (3) The offense causes the person being smuggled to become 22 a victim of sexual assault or sexual abuse, or involved in 23 commercial sexual activity as defined in section 710A.1. 24 b. A person who commits the offense of aggravated human 25 smuggling commits a class “B” felony. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill establishes the criminal offense of human 30 smuggling. 31 The bill provides that a person commits the offense of human 32 smuggling when the person knowingly transports another person 33 into the state, or harbors or conceals another person within 34 the state and: the person knows or should have known that the 35 -1- LSB 1071YH (3) 91 as/js 1/ 2

H.F. 63 other person is entering into or remaining in the United States 1 without proper documentation; the person benefits financially, 2 or receives anything of value; and the person knows or should 3 have known that the person being smuggled is likely to be 4 exploited for the financial gain of another. Human smuggling 5 is a class “D” felony. A class “D” felony is punishable by 6 confinement for no more than five years and a fine of at least 7 $1,025 but not more than $10,245. 8 A person commits aggravated human smuggling when the offense 9 of human smuggling is committed using a dangerous weapon as 10 defined in Code section 702.7; causes bodily harm, serious 11 bodily harm, or disfigurement to the person being smuggled; 12 or causes the person being smuggled to become a victim of 13 sexual assault or sexual abuse, or involved in commercial 14 sexual activity as defined in Code section 710A.1. Aggravated 15 human smuggling is a class “B” felony. A class “B” felony is 16 punishable by confinement for no more than 25 years. 17 -2- LSB 1071YH (3) 91 as/js 2/ 2