House File 2349 - Introduced HOUSE FILE 2349 BY HAGENOW and ROGERS A BILL FOR An Act relating to commercial sexual activity and human 1 trafficking and providing penalties and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5889YH (3) 84 rh/rj
H.F. 2349 Section 1. Section 692A.102, subsection 1, paragraph c, 1 Code Supplement 2011, is amended by adding the following new 2 subparagraph: 3 NEW SUBPARAGRAPH . (032) Solicitation of commercial sexual 4 activity in violation of section 710A.2A. 5 Sec. 2. Section 710A.1, subsection 4, Code 2011, is amended 6 to read as follows: 7 4. a. “Human trafficking” means participating in a venture 8 to recruit, harbor, transport, supply provisions, or obtain a 9 person for any of the following purposes: 10 a. (1) Forced labor or service that results in involuntary 11 servitude, peonage, debt bondage, or slavery. 12 b. (2) Commercial sexual activity through the use of force, 13 fraud, or coercion, except that if the trafficked person is 14 under the age of eighteen, the commercial sexual activity need 15 not involve force, fraud, or coercion. 16 b. “Human trafficking” also means knowingly purchasing or 17 attempting to purchase services involving commercial sexual 18 activity from a victim or another person engaged in human 19 trafficking. 20 Sec. 3. Section 710A.2, Code 2011, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 8. A person’s ignorance of the age of the 23 victim or a belief that the victim was older is no defense to a 24 violation of this section. 25 Sec. 4. NEW SECTION . 710A.2A Solicitation of commercial 26 sexual activity. 27 A person shall not entice, coerce, or recruit, or attempt 28 to entice, coerce, or recruit a victim reasonably believed to 29 be under the age of eighteen, to engage in a commercial sexual 30 activity. A person who violates this section commits a class 31 “D” felony. 32 Sec. 5. Section 915.87, subsection 2, paragraph b, Code 33 2011, is amended to read as follows: 34 b. The victim assisting, attempting, or committing a 35 -1- LSB 5889YH (3) 84 rh/rj 1/ 2
H.F. 2349 criminal act. This paragraph shall not apply to a victim under 1 the age of eighteen involved in commercial sexual activity as 2 defined in section 710A.1. 3 EXPLANATION 4 The bill classifies the crime of solicitation of commercial 5 sexual activity, as created in new Code section 710A.2A in 6 the bill, as a tier III sex offense for purposes of the sex 7 offender registry law in Code chapter 692A. 8 The bill defines human trafficking pursuant to Code chapter 9 710A to include knowingly purchasing or attempting to purchase 10 services involving commercial sexual activity from a victim or 11 another person engaged in human trafficking. 12 The bill provides that a person’s ignorance of the age of the 13 victim or a belief that the victim was older is no defense to a 14 violation of the human trafficking law pursuant to Code section 15 710A.2. 16 The bill creates the crime of solicitation of commercial 17 sexual activity prohibiting a person from enticing, coercing, 18 or recruiting, or attempting to entice, coerce, or recruit a 19 victim reasonably believed to be under the age of 18, to engage 20 in a commercial sexual activity. A person who violates this 21 law commits a class “D” felony. Under Code section 710A.1, 22 “commercial sexual activity” means any sex act or sexually 23 explicit performance for which anything of value is given, 24 promised to, or received by any person and includes but is not 25 limited to prostitution, participation in the production of 26 pornography, and performance in strip clubs. 27 The bill provides that a victim shall not be disqualified 28 from receiving crime victim compensation under Code chapter 29 915 if the victim was under the age of 18 and was involved in 30 commercial sexual activity as defined in Code section 710A.1. 31 -2- LSB 5889YH (3) 84 rh/rj 2/ 2