House Study Bill 196 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to human trafficking and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2222YC (4) 90 as/rh
H.F. _____ Section 1. Section 710A.2, subsections 1, 2, 3, 4, 5, 6, 7, 1 8, and 9, Code 2023, are amended to read as follows: 2 1. A person who knowingly engages in human trafficking is 3 guilty of a class “D” “C” felony, except that if the victim is 4 under the age of eighteen, the person is guilty of a class “C” 5 “B” felony. 6 2. A person who knowingly engages in human trafficking by 7 causing or threatening to cause serious physical injury to 8 another person is guilty of a class “C” “B” felony , except 9 that if the victim is under the age of eighteen, the person is 10 guilty of a class “B” felony . 11 3. A person who knowingly engages in human trafficking by 12 physically restraining or threatening to physically restrain 13 another person is guilty of a class “D” “C” felony, except 14 that if the victim is under the age of eighteen, the person is 15 guilty of a class “C” “B” felony. 16 4. A person who knowingly engages in human trafficking by 17 soliciting services or benefiting from the services of a victim 18 is guilty of a class “D” “C” felony, except that if the victim 19 is under the age of eighteen, the person is guilty of a class 20 “C” “B” felony. 21 5. A person who knowingly engages in human trafficking by 22 abusing or threatening to abuse the law or legal process is 23 guilty of a class “D” “C” felony, except that if the victim is 24 under the age of eighteen, the person is guilty of a class “C” 25 “B” felony. 26 6. A person who knowingly engages in human trafficking by 27 knowingly destroying, concealing, removing, confiscating, or 28 possessing any actual or purported government identification of 29 another person is guilty of a class “D” “C” felony, except if 30 that other person is under the age of eighteen, the person is 31 guilty of a class “C” “B” felony. 32 7. A person who benefits financially or by receiving 33 anything of value from knowing participation in human 34 trafficking is guilty of a class “D” “C” felony, except that if 35 -1- LSB 2222YC (4) 90 as/rh 1/ 4
H.F. _____ the victim is under the age of eighteen, the person is guilty 1 of a class “C” “B” felony. 2 8. A person who knowingly engages in human trafficking 3 by knowingly providing or facilitating the provision of a 4 forged, altered, or fraudulent license purportedly issued 5 pursuant to chapter 152C or 157 , or a forged, altered, or 6 fraudulent government identification to another person, to 7 force, coerce, entice, assist, facilitate, or permit the other 8 person to perform labor or services is guilty of an aggravated 9 misdemeanor a class “D” felony , except if that other person is 10 under the age of eighteen, the person is guilty of a class “D” 11 “C” felony. 12 9. A person who knowingly engages in human trafficking 13 by knowingly forcing, coercing, enticing, assisting, 14 facilitating, or permitting another person in possession of 15 a forged, altered, or fraudulent license purportedly issued 16 pursuant to chapter 152C or 157 , or a forged, altered, or 17 fraudulent government identification, to produce such license 18 or government identification upon request of a peace officer 19 pursuant to section 152C.5B or 157.4A , is guilty of an 20 aggravated misdemeanor a class “D” felony , except if that other 21 person is under the age of eighteen, the person is guilty of a 22 class “D” “C” felony. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to human trafficking. 27 Current law provides for penalties for a human trafficking 28 crime listed in Code section 710A.2 ranging from an aggravated 29 misdemeanor to a class “C” felony depending on the elements of 30 the crime alleged and the age of the victim. 31 The bill increases the penalties imposed for a human 32 trafficking crime listed in Code section 710A.2. The penalties 33 imposed range from a class “D” felony to a class “B” felony. 34 The bill provides that a person who knowingly engages in 35 -2- LSB 2222YC (4) 90 as/rh 2/ 4
H.F. _____ human trafficking is guilty of a class “C” felony, except 1 that if the victim is under the age of 18, the person is 2 guilty of a class “B” felony. If the offense involves causing 3 or threatening to cause serious physical injury to another 4 person, the person is guilty of a class “B” felony. A person 5 who knowingly engages in human trafficking by physically 6 restraining or threatening to physically restrain another 7 person is guilty of a class “C” felony, except that if the 8 victim is under the age of 18, the person is guilty of a class 9 “B” felony. 10 The bill provides that a person who knowingly engages in 11 human trafficking who solicits services or benefits from the 12 services of a victim is guilty of a class “C” felony, except 13 that if the victim is under the age of 18, the person is guilty 14 of a class “B” felony. A person who knowingly engages in 15 human trafficking who abuses or threatens to abuse the law or 16 legal process is guilty of a class “C” felony, except that if 17 the victim is under the age of 18, the person is guilty of a 18 class “B” felony. A person who knowingly engages in human 19 trafficking by destroying, concealing, removing, confiscating, 20 or possessing any actual or purported government identification 21 of another person is guilty of a class “C” felony, except that 22 if the other person is under the age of 18, the person is guilty 23 of a class “B” felony. A person who benefits financially or by 24 receiving anything of value from knowing participation in human 25 trafficking is guilty of a class “C” felony, except that if the 26 victim is under the age of 18, the person is guilty of a class 27 “B” felony. 28 A person who knowingly engages in human trafficking by 29 knowingly providing or facilitating the provision of a forged, 30 altered, or fraudulent license, or a forged, altered, or 31 fraudulent government identification to another person, to 32 force, coerce, entice, assist, facilitate, or permit the other 33 person to perform labor or services or to produce such license 34 or government identification upon request of a peace officer is 35 -3- LSB 2222YC (4) 90 as/rh 3/ 4
H.F. _____ guilty of a class “D” felony, except that if the other person 1 is under the age of 18, the person is guilty of a class “C” 2 felony. 3 A class “B” felony is punishable by confinement for no more 4 than 25 years. A class “C” felony is punishable by confinement 5 for no more than 10 years and a fine of at least $1,370 but 6 not more than $13,660. A class “D” felony is punishable by 7 confinement for no more than five years and a fine of at least 8 $1,025 but not more than $10,245. 9 -4- LSB 2222YC (4) 90 as/rh 4/ 4