H.F. 406 Section 1. Section 710A.2, Code 2023, 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” “B” felony, except that if the victim is 5 under the age of eighteen, the person is guilty of a class “C” 6 “A” 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” “A” felony , except 10 that if the victim is under the age of eighteen, the person is 11 guilty 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” “B” felony, except 15 that if the victim is under the age of eighteen, the person is 16 guilty of a class “C” “A” 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” “B” felony, except that if the victim 20 is under the age of eighteen, the person is guilty of a class 21 “C” “A” 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” “B” felony, except that if the victim is 25 under the age of eighteen, the person is guilty of a class “C” 26 “A” felony. 27 6. A person who knowingly engages in human trafficking by 28 knowingly destroying, concealing, removing, confiscating, or 29 possessing any actual or purported government identification of 30 another person is guilty of a class “D” “B” felony, except if 31 that other person is under the age of eighteen, the person is 32 guilty of a class “C” “A” felony. 33 7. A person who benefits financially or by receiving 34 anything of value from knowing participation in human 35 -1- LSB 2171YH (4) 90 as/rh 1/ 5

H.F. 406 trafficking is guilty of a class “D” “B” felony, except that if 1 the victim is under the age of eighteen, the person is guilty 2 of a class “C” “A” felony. 3 8. A person who knowingly engages in human trafficking 4 by knowingly providing or facilitating the provision of a 5 forged, altered, or fraudulent license purportedly issued 6 pursuant to chapter 152C or 157 , or a forged, altered, or 7 fraudulent government identification to another person, to 8 force, coerce, entice, assist, facilitate, or permit the other 9 person to perform labor or services is guilty of an aggravated 10 misdemeanor a class “D” felony , except if that other person is 11 under the age of eighteen, the person is guilty of a class “D” 12 “B” felony. 13 9. A person who knowingly engages in human trafficking 14 by knowingly forcing, coercing, enticing, assisting, 15 facilitating, or permitting another person in possession of 16 a forged, altered, or fraudulent license purportedly issued 17 pursuant to chapter 152C or 157 , or a forged, altered, or 18 fraudulent government identification, to produce such license 19 or government identification upon request of a peace officer 20 pursuant to section 152C.5B or 157.4A , is guilty of an 21 aggravated misdemeanor a class “D” felony , except if that other 22 person is under the age of eighteen, the person is guilty of a 23 class “D” “B” felony. 24 10. A person’s ignorance of the age of the victim or 25 a belief that the victim was older is not a defense to a 26 violation of this section . 27 11. A person who is found guilty , or who enters a plea of 28 guilty , receives a deferred judgment, or receives a deferred or 29 suspended sentence for to a violation of this chapter shall be 30 ineligible for a license pursuant to chapter 152C or 157 for a 31 period of not less than five years from the date of conviction, 32 plea, judgment, or sentence. 33 12. A person who is sentenced under the provisions of this 34 section shall not be eligible for a deferred judgment or a 35 -2- LSB 2171YH (4) 90 as/rh 2/ 5

H.F. 406 deferred or suspended sentence. 1 Sec. 2. Section 907.3, subsection 1, paragraph a, Code 2023, 2 is amended by adding the following new subparagraph: 3 NEW SUBPARAGRAPH . (15) The offense is a violation of 4 section 710A.2. 5 Sec. 3. Section 907.3, subsection 2, paragraph a, Code 2023, 6 is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (9) The offense is a violation of section 8 710A.2. 9 Sec. 4. Section 907.3, subsection 3, Code 2023, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . h. A sentence imposed pursuant to section 12 710A.2. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to human trafficking. 17 Current law provides for penalties for a human trafficking 18 crime committed in violation of Code section 710A.2 ranging 19 from an aggravated misdemeanor to a class “C” felony depending 20 on the elements of the crime alleged and the age of the 21 victim. Current law also allows for a deferred judgment or a 22 deferred or suspended sentence for a person who commits a human 23 trafficking crime. 24 The bill increases the penalties imposed for a human 25 trafficking crime listed in Code section 710A.2. The penalties 26 imposed range from a class “D” felony to a class “A” felony. 27 The bill provides that a person who is sentenced for a human 28 trafficking crime shall not be eligible for a deferred judgment 29 or a deferred or suspended sentence. 30 The bill provides that a person who knowingly engages in 31 human trafficking is guilty of a class “B” felony, except 32 that if the victim is under the age of 18, the person is 33 guilty of a class “A” felony. If the offense involves causing 34 or threatening to cause serious physical injury to another 35 -3- LSB 2171YH (4) 90 as/rh 3/ 5

H.F. 406 person, the person is guilty of a class “A” felony. A person 1 who knowingly engages in human trafficking by physically 2 restraining or threatening to physically restrain another 3 person is guilty of a class “B” felony, except that if the 4 victim is under the age of 18, the person is guilty of a class 5 “A” felony. 6 The bill provides that a person who knowingly engages in 7 human trafficking who solicits services or benefits from the 8 services of a victim is guilty of a class “B” felony, except 9 that if the victim is under the age of 18, the person is guilty 10 of a class “A” felony. A person who knowingly engages in 11 human trafficking who abuses or threatens to abuse the law or 12 legal process is guilty of a class “B” felony, except that if 13 the victim is under the age of 18, the person is guilty of a 14 class “A” felony. A person who knowingly engages in human 15 trafficking by knowingly destroying, concealing, removing, 16 confiscating, or possessing any actual or purported government 17 identification of another person is guilty of a class “B” 18 felony, except that if the other person is under the age of 19 18, the person is guilty of a class “A” felony. A person who 20 benefits financially or by receiving anything of value from 21 knowing participation in human trafficking is guilty of a class 22 “B” felony, except that if the victim is under the age of 18, 23 the person is guilty of a class “A” felony. 24 A person who knowingly engages in human trafficking by 25 knowingly providing or facilitating the provision of a forged, 26 altered, or fraudulent license, or a forged, altered, or 27 fraudulent government identification to another person, to 28 force, coerce, entice, assist, facilitate, or permit the other 29 person to perform labor or services or to produce such license 30 or government identification upon request of a peace officer is 31 guilty of a class “D” felony, except that if the other person 32 is under the age of 18, the person is guilty of a class “B” 33 felony. 34 A class “A” felony is punishable by confinement for 35 -4- LSB 2171YH (4) 90 as/rh 4/ 5

H.F. 406 life without possibility of parole. A class “B” felony is 1 punishable by confinement for no more than 25 years. A class 2 “C” felony is punishable by confinement for no more than 10 3 years and a fine of at least $1,370 but not more than $13,660. 4 A class “D” felony is punishable by confinement for no more 5 than five years and a fine of at least $1,025 but not more than 6 $10,245. 7 The bill makes conforming Code changes relating to deferred 8 judgments, and deferred or suspended sentences. 9 -5- LSB 2171YH (4) 90 as/rh 5/ 5