Bill Text: IA SF2371 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to criminal penalties for individuals engaged in human trafficking of victims who are under the age of eighteen. (Formerly SF 2254.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-13 - Subcommittee recommends passage. [SF2371 Detail]

Download: Iowa-2017-SF2371-Introduced.html

Senate File 2371 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 2254)

                                      A BILL FOR

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



  1  1    Section 1.  Section 710A.2, Code 2018, is amended to read as
  1  2 follows:
  1  3    710A.2  Human trafficking.
  1  4    1.  A person who knowingly engages in human trafficking is
  1  5 guilty of a class "D" felony, except that if the victim is
  1  6 under the age of eighteen, the person is guilty of a class "C"
  1  7  "B" felony.
  1  8    2.  A person who knowingly engages in human trafficking by
  1  9 causing or threatening to cause serious physical injury to
  1 10 another person is guilty of a class "C" felony, except that if
  1 11 the victim is under the age of eighteen, the person is guilty
  1 12 of a class "B" felony.
  1 13    3.  A person who knowingly engages in human trafficking by
  1 14 physically restraining or threatening to physically restrain
  1 15 another person is guilty of a class "D" felony, except that if
  1 16 the victim is under the age of eighteen, the person is guilty
  1 17 of a class "C" "B" felony.
  1 18    4.  A person who knowingly engages in human trafficking by
  1 19 soliciting services or benefiting from the services of a victim
  1 20 is guilty of a class "D" felony, except that if the victim is
  1 21 under the age of eighteen, the person is guilty of a class "C"
  1 22  "B" felony.
  1 23    5.  A person who knowingly engages in human trafficking by
  1 24 abusing or threatening to abuse the law or legal process is
  1 25 guilty of a class "D" felony, except that if the victim is
  1 26 under the age of eighteen, the person is guilty of a class "C"
  1 27  "B" felony.
  1 28    6.  A person who knowingly engages in human trafficking
  1 29 by knowingly destroying, concealing, removing, confiscating,
  1 30 or possessing any actual or purported passport or other
  1 31 immigration document, or any other actual or purported
  1 32 government identification document of a victim is guilty of a
  1 33 class "D" felony, except that if that other person is under
  1 34 the age of eighteen, the person is guilty of a class "C" "B"
  1 35  felony.
  2  1    7.  A person who benefits financially or by receiving
  2  2 anything of value from knowing participation in human
  2  3 trafficking is guilty of a class "D" felony, except that if the
  2  4 victim is under the age of eighteen, the person is guilty of a
  2  5 class "C" "B" felony.
  2  6    8.  A person's ignorance of the age of the victim or a belief
  2  7 that the victim was older is not a defense to a violation of
  2  8 this section.
  2  9                           EXPLANATION
  2 10 The inclusion of this explanation does not constitute agreement with
  2 11 the explanation's substance by the members of the general assembly.
  2 12    This bill relates to criminal penalties for individuals
  2 13 engaged in human trafficking of victims who are under the age
  2 14 of 18.
  2 15    The bill increases the criminal penalty from a class "C"
  2 16 felony to a class "B" felony for an individual who knowingly
  2 17 engages in human trafficking of a victim under the age of 18.
  2 18 The penalty is also increased from a class "C" felony to a
  2 19 class "B" felony if the victim is under the age of 18 and an
  2 20 individual physically restrains or threatens to physically
  2 21 restrain another person, solicits services or benefits from
  2 22 the services of the victim, abuses or threatens to abuse the
  2 23 law or legal process, takes a passport or other immigration
  2 24 document from a victim, or the individual benefits financially
  2 25 or by receiving anything of value from participating in human
  2 26 trafficking.
  2 27    It remains a class "B" felony for an individual to knowingly
  2 28 engage in human trafficking of a victim under the age of 18 by
  2 29 causing, or threatening to cause, serious physical injury to
  2 30 another person.
  2 31    A class "C" felony is punishable by confinement for no more
  2 32 than 10 years and a fine of at least $1,000 but not more than
  2 33 $10,000. A class "B" felony is punishable by confinement for
  2 34 no more than 25 years.
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