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
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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
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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
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