House Study Bill 588 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the offenses of prostitution and pimping and 1 minors and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5388YC (5) 85 rh/rj
H.F. _____ Section 1. Section 232.2, subsection 6, Code 2014, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . r. Who is allowed, permitted, or encouraged 3 by an adult having influence or control of the child to engage 4 in acts prohibited pursuant to section 725.1. 5 Sec. 2. Section 725.1, Code 2014, is amended to read as 6 follows: 7 725.1 Prostitution. 8 1. A Except as provided in subsection 2, a person who sells 9 or offers for sale the person’s services as a partner in a sex 10 act, or who purchases or offers to purchase such services, 11 commits an aggravated misdemeanor. 12 2. If the person who sells or offers for sale the person’s 13 services as a partner in a sex act is under the age of eighteen 14 and reasonable grounds exist to believe that the influence 15 or control of an adult contributed to the commission of the 16 offense, the county attorney may elect, in lieu of prosecution, 17 to refer the person to the department of human services 18 alleging that the person is a child in need of assistance 19 pursuant to section 232.2, subsection 6. 20 Sec. 3. Section 725.2, Code 2014, is amended to read as 21 follows: 22 725.2 Pimping. 23 1. A person who solicits a patron for a prostitute, or who 24 knowingly takes or shares in the earnings of a prostitute, or 25 who knowingly furnishes a room or other place to be used for 26 the purpose of prostitution, whether for compensation or not, 27 commits a class “D” felony. 28 2. A person who solicits a patron for a prostitute who is 29 under the age of eighteen, or who knowingly takes or shares in 30 the earnings of a prostitute who is under the age of eighteen, 31 or who knowingly furnishes a room or other place to be used for 32 the purposes of prostitution of a prostitute who is under the 33 age of eighteen, whether for compensation or not, commits a 34 class “C” felony. 35 -1- LSB 5388YC (5) 85 rh/rj 1/ 2
H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to minors and the offenses of prostitution 4 and pimping and provides penalties. 5 Current law provides that a person who sells or offers for 6 sale the person’s services as a partner in a sex act, or who 7 purchases or offers to purchase such services, commits an 8 aggravated misdemeanor under Code section 725.1 (prostitution). 9 The bill provides that if the person is under the age of 18 10 and reasonable grounds exist to believe that the influence 11 or control of an adult contributed to the commission of the 12 offense, the county attorney may elect, in lieu of prosecution, 13 to refer the person to the department of human services 14 alleging that the person is a child in need of assistance. The 15 bill makes a conforming change to the definition of “child in 16 need of assistance” under Code section 232.2, subsection 6. 17 Current law provides that a person who solicits a patron for 18 a prostitute, or who knowingly takes or shares in the earnings 19 of a prostitute, or who knowingly furnishes a room or other 20 place to be used for the purpose of prostitution, whether for 21 compensation or not, commits a class “D” felony under Code 22 section 725.2 (pimping). The bill provides that a person who 23 violates the law with respect to a prostitute who is under the 24 age of 18, commits a class “C” felony. 25 A class “C” felony is punishable by confinement for no more 26 than 10 years and a fine of at least $1,000 but not more than 27 $10,000. A person convicted of pimping in violation of Code 28 section 725.2 if the offense was committed against a minor or 29 otherwise involves a minor and if a determination is made that 30 the offense was sexually motivated pursuant to Code section 31 692A.126 is required to register as a tier I sex offender under 32 Code section 692A.102. 33 -2- LSB 5388YC (5) 85 rh/rj 2/ 2