Bill Text: IA HF224 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the crime of prostitution and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-27 - Introduced, referred to Judiciary. H.J. 206. [HF224 Detail]
Download: Iowa-2021-HF224-Introduced.html
House
File
224
-
Introduced
HOUSE
FILE
224
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
the
crime
of
prostitution
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
99.1A,
Code
2021,
is
amended
to
read
as
1
follows:
2
99.1A
Houses
of
prostitution
Brothels
or
other
nuisances.
3
1.
Whoever
shall
erect,
establish,
continue,
maintain,
4
use,
own,
or
lease
any
building,
erection,
or
place
used
5
for
the
purpose
of
prostitution
the
purchase
or
offer
to
6
purchase
another
person’s
services
as
a
partner
in
a
sex
act
7
or
gambling,
except
as
authorized
under
the
laws
of
this
state
8
is
guilty
of
a
nuisance,
and
the
building,
erection,
or
place,
9
or
the
ground
itself,
in
or
upon
which
such
prostitution
10
purchase
or
offer
to
purchase
another
person’s
services
as
a
11
partner
in
a
sex
act
or
gambling
is
conducted,
permitted,
or
12
carried
on,
continued,
or
exists,
and
the
furniture,
fixtures,
13
musical
instruments,
and
movable
property
used
in
conducting
14
or
maintaining
such
nuisance,
are
also
declared
a
nuisance
and
15
shall
be
enjoined
and
abated
as
hereinafter
provided.
16
2.
The
provisions
of
this
section
do
not
apply
to
social
17
and
charitable
gambling
conducted
pursuant
to
chapter
99B
or
to
18
devices
lawful
under
section
99B.52
or
99B.53
.
19
Sec.
2.
Section
657.2,
subsection
6,
Code
2021,
is
amended
20
to
read
as
follows:
21
6.
Houses
of
ill
fame
Brothels
,
kept
for
the
purpose
of
22
prostitution
the
purchase
or
offer
to
purchase
another
person’s
23
services
as
a
partner
in
a
sex
act
and
lewdness,
gambling
24
houses,
places
resorted
to
by
persons
participating
in
criminal
25
gang
activity
prohibited
by
chapter
723A
,
or
places
resorted
to
26
by
persons
using
controlled
substances,
as
defined
in
section
27
124.101,
subsection
5
,
in
violation
of
law,
or
houses
where
28
drunkenness,
quarreling,
fighting,
or
breaches
of
the
peace
are
29
carried
on
or
permitted
to
the
disturbance
of
others.
30
Sec.
3.
Section
702.4,
Code
2021,
is
amended
to
read
as
31
follows:
32
702.4
Brothel.
33
A
“brothel”
is
any
building,
structure,
or
part
thereof,
or
34
other
place
offering
shelter
or
seclusion,
which
is
principally
35
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or
regularly
used
for
the
purpose
of
prostitution
the
purchase
1
or
offer
to
purchase
another
person’s
services
as
a
partner
in
2
a
sex
act
,
with
the
consent
or
connivance
of
the
owner,
tenant,
3
or
other
person
in
possession
of
it.
4
Sec.
4.
Section
709A.1,
subsection
2,
paragraph
a,
Code
5
2021,
is
amended
to
read
as
follows:
6
a.
A
brothel
or
other
premises
used
for
the
purposes
of
7
prostitution
the
purchase
or
offer
to
purchase
another
person’s
8
services
as
a
partner
in
a
sex
act
,
with
the
intent
that
the
9
child
engage
the
services
of
a
prostitute
another
person
as
10
a
partner
in
a
sex
act
.
11
Sec.
5.
Section
710A.1,
subsection
1,
Code
2021,
is
amended
12
to
read
as
follows:
13
1.
“Commercial
sexual
activity”
means
any
sex
act
or
14
sexually
explicit
performance
for
which
anything
of
value
is
15
given,
promised
to,
or
received
by
any
person
and
includes,
16
but
is
not
limited
to,
prostitution
the
purchase
or
offer
to
17
purchase
another
person’s
services
as
a
partner
in
a
sex
act
,
18
participation
in
the
production
of
pornography,
and
performance
19
in
strip
clubs.
20
Sec.
6.
Section
725.1,
Code
2021,
is
amended
to
read
as
21
follows:
22
725.1
Prostitution
The
purchase
or
offer
to
purchase
another
23
person’s
services
as
a
partner
in
a
sex
act
.
24
1.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
25
sells
or
offers
for
sale
the
person’s
services
as
a
partner
in
26
a
sex
act
commits
an
aggravated
misdemeanor.
27
b.
If
the
person
who
sells
or
offers
for
sale
the
person’s
28
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
29
the
county
attorney
may
elect,
in
lieu
of
filing
a
petition
30
alleging
that
the
person
has
committed
a
delinquent
act,
to
31
refer
that
person
to
the
department
of
human
services
for
the
32
possible
filing
of
a
petition
alleging
that
the
person
is
a
33
child
in
need
of
assistance.
34
c.
If
the
person
who
sells
or
offers
for
sale
the
person’s
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services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
1
upon
the
expiration
of
two
years
following
the
person’s
2
conviction
for
a
violation
of
paragraph
“a”
or
of
a
similar
3
local
ordinance,
the
person
may
petition
the
court
to
expunge
4
the
conviction,
and
if
the
person
has
had
no
other
criminal
5
convictions,
other
than
local
traffic
violations
or
simple
6
misdemeanor
violations
of
chapter
321
during
the
two-year
7
period,
the
conviction
shall
be
expunged
as
a
matter
of
8
law.
The
court
shall
enter
an
order
that
the
record
of
the
9
conviction
be
expunged
by
the
clerk
of
the
district
court.
10
Notwithstanding
section
692.2
,
after
receipt
of
notice
from
11
the
clerk
of
the
district
court
that
a
record
of
conviction
12
for
a
violation
of
paragraph
“a”
has
been
expunged,
the
record
13
of
conviction
shall
be
removed
from
the
criminal
history
data
14
files
maintained
by
the
department
of
public
safety.
15
2.
a.
Except
as
provided
in
paragraph
“b”
,
a
A
person
16
who
purchases
or
offers
to
purchase
another
person’s
services
17
as
a
partner
in
a
sex
act
commits
an
aggravated
misdemeanor
,
18
except
that
if
a
person
purchases
or
offers
to
purchase
another
19
person’s
services
as
a
partner
in
a
sex
act
from
another
person
20
who
is
under
the
age
of
eighteen,
the
person
commits
a
class
21
“D”
felony
.
22
b.
A
person
who
purchases
or
offers
to
purchase
services
as
23
a
partner
in
a
sex
act
from
a
person
who
is
under
the
age
of
24
eighteen
commits
a
class
“D”
felony.
25
Sec.
7.
Section
725.2,
Code
2021,
is
amended
to
read
as
26
follows:
27
725.2
Pimping.
28
1.
A
person
who
solicits
a
patron
for
a
prostitute
the
29
purchase
or
offer
to
purchase
another
person’s
services
as
a
30
partner
in
a
sex
act
,
or
who
knowingly
takes
or
shares
in
the
31
earnings
of
a
prostitute
the
purchase
or
offer
to
purchase
32
another
person
who
offers
their
services
as
a
partner
in
a
sex
33
act
,
or
who
knowingly
furnishes
a
room
or
other
place
to
be
34
used
for
the
purpose
of
prostitution
the
purchase
or
offer
to
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purchase
another
person’s
services
as
a
partner
in
a
sex
act
,
1
whether
for
compensation
or
not,
commits
a
class
“D”
felony.
2
2.
A
person
who
solicits
a
patron
for
a
prostitute
another
3
person’s
services
as
a
partner
in
a
sex
act
who
is
under
the
age
4
of
eighteen,
or
who
knowingly
takes
or
shares
in
the
earnings
5
of
a
prostitute
another
person
who
offers
their
services
as
a
6
partner
in
a
sex
act
who
is
under
the
age
of
eighteen,
or
who
7
knowingly
furnishes
a
room
or
other
place
to
be
used
for
the
8
purposes
of
prostitution
of
a
prostitute
the
purchase
or
offer
9
to
purchase
another
person’s
services
as
a
partner
in
a
sex
act
10
who
is
under
the
age
of
eighteen,
whether
for
compensation
or
11
not,
commits
a
class
“C”
felony.
12
3.
It
shall
be
an
affirmative
defense
to
a
prosecution
of
13
a
person
under
the
age
of
twenty-one
for
a
violation
of
this
14
section
that
the
person
was
allowed,
permitted,
or
encouraged
15
by
an
adult
having
influence
or
control
of
the
person
to
engage
16
in
acts
prohibited
pursuant
to
section
725.1
,
subsection
1,
17
while
the
person
was
under
the
age
of
eighteen.
18
Sec.
8.
Section
725.3,
Code
2021,
is
amended
to
read
as
19
follows:
20
725.3
Pandering.
21
1.
A
person
who
persuades,
arranges,
coerces,
or
otherwise
22
causes
another,
not
a
minor,
to
become
a
prostitute
person
who
23
offers
their
services
to
another
person
as
a
partner
in
a
sex
24
act
or
to
return
to
the
practice
of
prostitution
offering
their
25
services
to
another
person
as
a
partner
in
a
sex
act
after
26
having
abandoned
it,
or
keeps
or
maintains
any
premises
for
27
the
purposes
of
prostitution
the
purchase
or
offer
to
purchase
28
another
person’s
services
as
a
partner
in
a
sex
act
or
takes
a
29
share
in
the
income
from
such
premises
knowing
the
character
30
and
content
of
such
income,
commits
a
class
“D”
felony.
31
2.
A
person
who
persuades,
arranges,
coerces,
or
otherwise
32
causes
a
minor
to
become
a
prostitute
person
who
offers
33
their
services
to
another
person
as
a
partner
in
a
sex
act
34
or
to
return
to
the
practice
of
prostitution
offering
their
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services
to
another
person
as
a
partner
in
a
sex
act
after
1
having
abandoned
it,
or
keeps
or
maintains
any
premises
for
2
the
purpose
of
prostitution
the
purchase
or
offer
to
purchase
3
another
person’s
services
as
a
partner
in
a
sex
act
involving
4
minors
or
knowingly
shares
in
the
income
from
such
premises
5
knowing
the
character
and
content
of
such
income,
commits
a
6
class
“C”
felony.
7
Sec.
9.
Section
725.4,
Code
2021,
is
amended
to
read
as
8
follows:
9
725.4
Leasing
premises
for
prostitution
purchase
of
another
10
person’s
services
as
a
partner
in
a
sex
act
.
11
A
person
who
has
rented
or
let
any
building,
structure
or
12
part
thereof,
boat,
trailer
or
other
place
offering
shelter
13
or
seclusion,
and
who
knows,
or
has
reason
to
know,
that
the
14
lessee
or
tenant
is
using
such
for
the
purposes
of
prostitution
15
the
purchase
or
offer
to
purchase
another
person’s
services
16
as
a
partner
in
a
sex
act
,
and
who
does
not,
immediately
upon
17
acquiring
such
knowledge,
terminate
the
tenancy
or
effectively
18
put
an
end
to
such
practice
of
prostitution
the
purchase
or
19
offer
to
purchase
another
person’s
services
as
a
partner
in
a
20
sex
act
in
such
place,
commits
a
serious
misdemeanor.
21
Sec.
10.
Section
911.2A,
subsection
1,
Code
2021,
is
amended
22
to
read
as
follows:
23
1.
In
addition
to
any
other
surcharge,
the
court
shall
24
assess
a
human
trafficking
victim
surcharge
of
one
thousand
25
dollars
if
an
adjudication
of
guilt
or
a
deferred
judgment
26
has
been
entered
for
a
criminal
violation
of
section
725.1,
27
subsection
2,
or
section
710A.2,
725.1,
725.2
,
or
725.3
.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
the
crime
of
prostitution,
and
makes
32
penalties
applicable.
33
Current
law
provides
that
a
person
who
sells
or
offers
for
34
sale
the
person’s
services
as
a
partner
in
a
sex
act
commits
35
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the
crime
of
prostitution
under
Code
section
725.1(1),
an
1
aggravated
misdemeanor
for
an
adult
and
a
delinquent
act
for
a
2
person
under
the
age
of
18.
If
the
person
who
sells
or
offers
3
for
sale
the
person’s
services
as
a
partner
in
a
sex
act
is
4
under
the
age
of
18,
the
county
attorney
may
elect,
in
lieu
5
of
filing
a
petition
alleging
that
the
person
has
committed
6
a
delinquent
act,
to
refer
that
person
to
the
department
of
7
human
services
for
the
possible
filing
of
a
petition
alleging
8
that
the
person
is
a
child
in
need
of
assistance.
The
crime
9
of
prostitution
is
also
defined
under
Code
section
725.1(2)
as
10
a
person
who
purchases
or
offers
to
purchase
another
person’s
11
services
as
a
partner
in
a
sex
act,
an
aggravated
misdemeanor,
12
except
that
a
person
who
purchases
or
offers
to
purchase
13
services
as
a
partner
in
a
sex
act
from
a
person
who
is
under
14
the
age
of
18
commits
a
class
“D”
felony.
A
class
“D”
felony
15
is
punishable
by
confinement
for
no
more
than
five
years
16
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
An
17
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
18
than
two
years
and
a
fine
of
at
least
$855
but
no
more
than
19
$8,540.
20
The
bill
eliminates
the
crime
of
prostitution
under
Code
21
section
725.1(1)
for
a
person
who
sells
or
offers
for
sale
22
the
person’s
services
as
a
partner
in
a
sex
act.
The
bill
23
maintains
current
language
that
provides
that
a
person
who
24
purchases
or
offers
to
purchase
another
person’s
services
as
25
a
partner
in
a
sex
act
commits
an
aggravated
misdemeanor,
26
except
that
if
a
person
purchases
or
offers
to
purchase
another
27
person’s
services
as
a
partner
in
a
sex
act
from
another
person
28
who
is
under
the
age
of
18
the
person
commits
a
class
“D”
29
felony,
but
renames
this
crime
as
“the
purchase
or
offer
to
30
purchase
another
person’s
services
as
a
partner
in
a
sex
act”.
31
Current
law
defines
“commercial
sexual
activity”
for
32
purposes
of
human
trafficking
in
Code
chapter
710A
as
any
sex
33
act
or
sexually
explicit
performance
for
which
anything
of
34
value
is
given,
promised
to,
or
received
by
any
person
and
35
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LSB
1643YH
(4)
89
as/rh
6/
7
H.F.
224
includes
but
is
not
limited
to
prostitution,
participation
in
1
the
production
of
pornography,
and
performance
in
strip
clubs.
2
The
bill
amends
the
definition
to
provide
that
“commercial
3
sexual
activity”
means
any
sex
act
or
sexually
explicit
4
performance
for
which
anything
of
value
is
given,
promised
to,
5
or
received
by
any
person
and
includes
but
is
not
limited
to
6
the
purchase
or
offer
to
purchase
another
person’s
services
7
as
a
partner
in
a
sex
act,
participation
in
the
production
of
8
pornography,
and
performance
in
strip
clubs.
9
The
bill
makes
conforming
Code
changes
to
remove
the
word
10
“prostitute”
and
replaces
it
with
the
phrase
“person
who
offers
11
to
purchase
another
person’s
services
as
a
partner
in
a
sex
12
act”.
13
The
bill
makes
additional
conforming
Code
changes.
14
-7-
LSB
1643YH
(4)
89
as/rh
7/
7
