Senate File 2371 - Introduced SENATE FILE 2371 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2254) A BILL FOR An Act relating to criminal penalties for individuals engaged 1 in human trafficking of victims who are under the age of 2 eighteen. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5957SV (1) 87 ko/rj
S.F. 2371 Section 1. Section 710A.2, Code 2018, 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” felony, except that if the victim is 5 under the age of eighteen, the person is guilty of a class “C” 6 “B” 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” felony, except that if 10 the victim is under the age of eighteen, the person is guilty 11 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” felony, except that if 15 the victim is under the age of eighteen, the person is guilty 16 of a class “C” “B” 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” felony, except that if the victim is 20 under the age of eighteen, the person is guilty of a class “C” 21 “B” 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” felony, except that if the victim is 25 under the age of eighteen, the person is guilty of a class “C” 26 “B” felony. 27 6. A person who knowingly engages in human trafficking 28 by knowingly destroying, concealing, removing, confiscating, 29 or possessing any actual or purported passport or other 30 immigration document, or any other actual or purported 31 government identification document of a victim is guilty of a 32 class “D” felony, except that if that other person is under 33 the age of eighteen, the person is guilty of a class “C” “B” 34 felony. 35 -1- LSB 5957SV (1) 87 ko/rj 1/ 2
S.F. 2371 7. A person who benefits financially or by receiving 1 anything of value from knowing participation in human 2 trafficking is guilty of a class “D” felony, except that if the 3 victim is under the age of eighteen, the person is guilty of a 4 class “C” “B” felony. 5 8. A person’s ignorance of the age of the victim or a belief 6 that the victim was older is not a defense to a violation of 7 this section . 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to criminal penalties for individuals 12 engaged in human trafficking of victims who are under the age 13 of 18. 14 The bill increases the criminal penalty from a class “C” 15 felony to a class “B” felony for an individual who knowingly 16 engages in human trafficking of a victim under the age of 18. 17 The penalty is also increased from a class “C” felony to a 18 class “B” felony if the victim is under the age of 18 and an 19 individual physically restrains or threatens to physically 20 restrain another person, solicits services or benefits from 21 the services of the victim, abuses or threatens to abuse the 22 law or legal process, takes a passport or other immigration 23 document from a victim, or the individual benefits financially 24 or by receiving anything of value from participating in human 25 trafficking. 26 It remains a class “B” felony for an individual to knowingly 27 engage in human trafficking of a victim under the age of 18 by 28 causing, or threatening to cause, serious physical injury to 29 another person. 30 A class “C” felony is punishable by confinement for no more 31 than 10 years and a fine of at least $1,000 but not more than 32 $10,000. A class “B” felony is punishable by confinement for 33 no more than 25 years. 34 -2- LSB 5957SV (1) 87 ko/rj 2/ 2