SF 2371 (LSB 5957SV (1) 87)

SENATE FILE 2371

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2254)

A BILL FOR

An Act relating to criminal penalties for individuals engaged in human trafficking of victims who are under the age of eighteen.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 710A.2, Code 2018, is amended to read as follows:
   710A.2  Human trafficking.
   1.  A person who knowingly engages in human trafficking is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” “B” felony.
   2.  A person who knowingly engages in human trafficking by causing or threatening to cause serious physical injury to another person is guilty of a class “C” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “B” felony.
   3.  A person who knowingly engages in human trafficking by physically restraining or threatening to physically restrain another person is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” “B” felony.
   4.  A person who knowingly engages in human trafficking by soliciting services or benefiting from the services of a victim is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” “B” felony.
   5.  A person who knowingly engages in human trafficking by abusing or threatening to abuse the law or legal process is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” “B” felony.
   6.  A person who knowingly engages in human trafficking by knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of a victim is guilty of a class “D” felony, except that if that other person is under the age of eighteen, the person is guilty of a class “C” “B” felony.
   7.  A person who benefits financially or by receiving anything of value from knowing participation in human trafficking is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” “B” felony.
   8.  A person’s ignorance of the age of the victim or a belief that the victim was older is not a defense to a violation of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal penalties for individuals engaged in human trafficking of victims who are under the age of 18. 
   The bill increases the criminal penalty from a class “C” felony to a class “B” felony for an individual who knowingly engages in human trafficking of a victim under the age of 18. The penalty is also increased from a class “C” felony to a class “B” felony if the victim is under the age of 18 and an individual physically restrains or threatens to physically restrain another person, solicits services or benefits from the services of the victim, abuses or threatens to abuse the law or legal process, takes a passport or other immigration document from a victim, or the individual benefits financially or by receiving anything of value from participating in human trafficking.
   It remains a class “B” felony for an individual to knowingly engage in human trafficking of a victim under the age of 18 by causing, or threatening to cause, serious physical injury to another person.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A class “B” felony is punishable by confinement for no more than 25 years.