House Study Bill 15 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act establishing the criminal offense of the smuggling of 1 persons, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1972YC (1) 91 as/ko

H.F. _____ Section 1. NEW SECTION . 710.12 Smuggling of persons. 1 1. A person commits the offense of smuggling of persons when 2 the person knowingly, for payment or some other benefit, does 3 any following involving a noncitizen individual: 4 a. Uses a motor vehicle, aircraft, watercraft, or other 5 means of conveyance to transport an individual with the intent 6 to: 7 (1) Conceal the individual from a peace officer. 8 (2) Flee from a person the actor knows is a peace officer 9 attempting to lawfully arrest or detain the actor. 10 b. Encourage or induce a person to enter or remain in 11 the United States in violation of federal law by concealing, 12 harboring, or shielding that person from detection. 13 c. Assist, guide, or direct two or more individuals to enter 14 or remain on agricultural land without the effective consent 15 of the owner. 16 2. An offense under this section is a class “C” felony, 17 except that the offense is: 18 a. A class “B” felony if the person or other party as 19 specified does any of the following: 20 (1) The person commits the offense in a manner that creates 21 a substantial likelihood that the smuggled individual will 22 suffer serious bodily injury or death. 23 (2) The person smuggles an individual who is a child younger 24 than eighteen years of age at the time of the offense. 25 (3) The person commits the offense with the intent to obtain 26 a pecuniary benefit. 27 (4) During the commission of the offense, the actor, another 28 party to the offense, or an individual assisted, guided, or 29 directed by the actor knowingly possessed a firearm. 30 b. A class “A” felony under any of the following 31 circumstances: 32 (1) If as a direct result of the commission of the offense, 33 the smuggled individual became a victim of sexual abuse in the 34 first degree under section 709.2 or sexual abuse in the second 35 -1- LSB 1972YC (1) 91 as/ko 1/ 3

H.F. _____ degree under section 709.3. 1 (2) If the smuggled individual suffered serious bodily 2 injury or death. 3 3. It is an affirmative defense to prosecution of an offense 4 under this section, other than an offense punishable under 5 subsection 2, paragraph “a” , subparagraph (1), or subsection 6 2, paragraph “b” , that the actor is related to the smuggled 7 individual within the second degree of consanguinity or, at the 8 time of the offense, within the second degree of affinity. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill establishes the criminal offense of the smuggling 13 of persons. 14 The bill provides that a person commits the offense of 15 smuggling of persons when the person knowingly, for payment 16 or some other benefit, does any of the following involving 17 a noncitizen individual: uses a motor vehicle, aircraft, 18 watercraft, or other means of conveyance to transport an 19 individual with the intent to conceal the individual from a 20 peace officer or flees from a person the actor knows is a peace 21 officer attempting to lawfully arrest or detain the actor; 22 encourages or induces a person to enter or remain in the United 23 States in violation of federal law by concealing, harboring, 24 or shielding that person from detection, or assists, guides, 25 or directs two or more individuals to enter or remain on 26 agricultural land without the effective consent of the owner. 27 The bill provides that smuggling of persons is a class “C” 28 felony, except that the offense is a class “B” felony if the 29 person or other party specified in the bill does any of the 30 following: the person commits the offense in a manner that 31 creates a substantial likelihood that the smuggled individual 32 will suffer serious bodily injury or death; the person smuggled 33 an individual who is a child younger than 18 years of age at the 34 time of the offense; the person committed the offense with the 35 -2- LSB 1972YC (1) 91 as/ko 2/ 3

H.F. _____ intent to obtain a pecuniary benefit; or during the commission 1 of the offense, the actor, another party to the offense, 2 or another individual assisted, guided, or directed by the 3 actor knowingly possessed a firearm. The bill provides that 4 a violation is a class “A” felony under any of the following 5 circumstances: if as a direct result of the commission of the 6 offense, the smuggled individual became a victim of sexual 7 abuse in the first degree under Code section 709.2 or sexual 8 abuse in the second degree under Code section 709.3; or if the 9 smuggled individual suffered serious bodily injury or death. 10 The bill provides that it is an affirmative defense to 11 prosecution of the offense of smuggling persons, other than 12 an offense committed in a manner that creates a substantial 13 likelihood that the smuggled individual will suffer serious 14 bodily injury or death, or violations resulting in a class 15 “A” felony charge, that the actor is related to the smuggled 16 individual within the second degree of consanguinity or, at the 17 time of the offense, within the second degree of affinity. 18 -3- LSB 1972YC (1) 91 as/ko 3/ 3