Bill Text: IA SF2311 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the criminal offenses of enticing a minor, prostitution, sexual exploitation of a minor, and human trafficking, providing for a fee, and including effective date and applicability provisions.

Spectrum: Committee Bill

Status: (Passed) 2014-04-24 - Signed by Governor. S.J. 851. [SF2311 Detail]

Download: Iowa-2013-SF2311-Enrolled.html

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Senate File 2311
AN ACT
RELATING TO SEXUAL AND CRIMINAL OFFENSES INVOLVING MINORS
AND OTHERS, INCLUDING PROSTITUTION, PIMPING, AND HUMAN
TRAFFICKING, PROVIDING FOR A FEE, AND INCLUDING PENALTIES
AND EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 80B.10, Code 2014, is amended to read as
follows:
80B.10 Annual report.
The council shall make an annual report to the governor,
the attorney general, and the commissioner of public safety
which shall include pertinent data regarding the standards
established and the degree of participation of agencies in the

Senate File 2311, p. 2
training program. The report required by this section shall
specifically include data regarding academy resources devoted
to training relating to human trafficking.
Sec. 2. Section 602.8102, subsection 135A, Code 2014, is
amended to read as follows:
135A. Assess the surcharges provided by sections 911.1 ,
911.2 , 911.2A, 911.3 , and 911.4 .
Sec. 3. Section 602.8108, subsection 2, Code 2014, is
amended to read as follows:
2. Except as otherwise provided, the clerk of the district
court shall report and submit to the state court administrator,
not later than the fifteenth day of each month, the fines and
fees received during the preceding calendar month. Except
as provided in subsections 3, 4, 5, 5A, 7, 8, 9, and 10 , the
state court administrator shall deposit the amounts received
with the treasurer of state for deposit in the general fund of
the state. The state court administrator shall report to the
legislative services agency within thirty days of the beginning
of each fiscal quarter the amount received during the previous
quarter in the account established under this section .
Sec. 4. Section 602.8108, Code 2014, is amended by adding
the following new subsection:
NEW SUBSECTION . 5A. The clerk of the district court shall
remit all moneys collected from the assessment of the human
trafficking victim surcharge provided in section 911.2A to the
state court administrator no later than the fifteenth day of
each month for deposit in the human trafficking victim fund
created in section 915.95.
Sec. 5. Section 710.10, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. For purposes of this section, methods
of enticement include but are not limited to personal contact
and communication by any means including through the mail,
telephone, internet, or any social media, and include text
messages, instant messages, and electronic mail.
Sec. 6. Section 725.1, Code 2014, is amended to read as
follows:
725.1 Prostitution.
1. a. A Except as provided in paragraph “b” , a person who
sells or offers for sale the person’s services as a partner in
a sex act commits an aggravated misdemeanor. , or
b. If the person who sells or offers for sale the person’s
services as a partner in a sex act is under the age of eighteen,

Senate File 2311, p. 3
the county attorney may elect, in lieu of filing a petition
alleging that the person has committed a delinquent act, to
refer that person to the department of human services for the
possible filing of a petition alleging that the person is a
child in need of assistance.
c. If the person who sells or offers for sale the person’s
services as a partner in a sex act is under the age of eighteen,
upon the expiration of two years following the person’s
conviction for a violation of paragraph “a” or of a similar
local ordinance, the person may petition the court to expunge
the conviction, and if the person has had no other criminal
convictions, other than local traffic violations or simple
misdemeanor violations of chapter 321 during the two-year
period, the conviction shall be expunged as a matter of
law. The court shall enter an order that the record of the
conviction be expunged by the clerk of the district court.
Notwithstanding section 692.2, after receipt of notice from
the clerk of the district court that a record of conviction
has been expunged for a violation of paragraph “a” , the record
of conviction shall be removed from the criminal history data
files maintained by the department of public safety.
2. a. Except as provided in paragraph “b” , a person who
purchases or offers to purchase such another person’s services ,
as a partner in a sex act commits an aggravated misdemeanor.
b. A person who purchases or offers to purchase services as
a partner in a sex act from a person who is under the age of
eighteen commits a class “D” felony.
Sec. 7. Section 725.2, Code 2014, is amended to read as
follows:
725.2 Pimping.
1. A person who solicits a patron for a prostitute, or who
knowingly takes or shares in the earnings of a prostitute, or
who knowingly furnishes a room or other place to be used for
the purpose of prostitution, whether for compensation or not,
commits a class “D” felony.
2. A person who solicits a patron for a prostitute who is
under the age of eighteen, or who knowingly takes or shares in
the earnings of a prostitute who is under the age of eighteen,
or who knowingly furnishes a room or other place to be used for
the purposes of prostitution of a prostitute who is under the
age of eighteen, whether for compensation or not, commits a
class “C” felony.
3. It shall be an affirmative defense to a prosecution of

Senate File 2311, p. 4
a person under the age of twenty-one for a violation of this
section that the person was allowed, permitted, or encouraged
by an adult having influence or control of the person to engage
in acts prohibited pursuant to section 725.1, subsection 1,
while the person was under the age of eighteen.
Sec. 8. NEW SECTION . 802.2B Other sexual offenses.
An information or indictment for the following offenses
committed on or with a person who is under the age of eighteen
years shall be found within ten years after the person upon
whom the offense is committed attains eighteen years of age,
or if the person against whom the information or indictment
is sought is identified through the use of a DNA profile, an
information or indictment shall be found within three years
from the date the person is identified by the person’s DNA
profile, whichever is later:
1. Lascivious acts with a child in violation of section
709.8.
2. Assault with intent to commit sexual abuse in violation
of section 709.11.
3. Indecent contact with a child in violation of section
709.12.
4. Lascivious conduct with a minor in violation of section
709.14.
5. Sexual misconduct with a juvenile in violation of section
709.16, subsection 2.
6. Sexual exploitation of a minor in violation of section
728.12.
Sec. 9. Section 802.3, Code 2014, is amended to read as
follows:
802.3 Felony —— aggravated or serious misdemeanor.
In all cases, except those enumerated in section 802.1 ,
802.2 , 802.2A , 802.2B, or 802.10 , an indictment or information
for a felony or aggravated or serious misdemeanor shall be
found within three years after its commission.
Sec. 10. Section 802.10, subsection 3, Code 2014, is amended
to read as follows:
3. However, notwithstanding subsection 2 , an indictment
or information shall be found against a person within three
years from the date the person is identified by the person’s
DNA profile. If the action involves sexual abuse , or another
sexual offense the indictment or information shall be found
as provided in section 802.2 or 802.2B , if the person is
identified by the person’s DNA profile.

Senate File 2311, p. 5
Sec. 11. Section 808B.3, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 6. A felony offense involving human
trafficking in violation of chapter 710A.
Sec. 12. Section 902.9, subsection 2, Code 2014, is amended
to read as follows:
2. The surcharges required by sections 911.1 , 911.2 ,
911.2A, and 911.3 shall be added to a fine imposed on a class
“C” or class “D” felon, as provided by those sections, and are
not a part of or subject to the maximums set in this section .
Sec. 13. Section 903.1, subsection 4, Code 2014, is amended
to read as follows:
4. The surcharges required by sections 911.1 , 911.2 ,
911.2A, 911.3 , and 911.4 shall be added to a fine imposed on a
misdemeanant as provided in those sections, and are not a part
of or subject to the maximums set in this section .
Sec. 14. NEW SECTION . 911.2A Human trafficking victim
surcharge.
1. In addition to any other surcharge, the court or clerk
of the district court shall assess a human trafficking victim
surcharge of one thousand dollars if an adjudication of
guilt or a deferred judgment has been entered for a criminal
violation of section 725.1, subsection 2, or section 710A.2,
725.2, or 725.3.
2. In the event of multiple offenses, the surcharge shall be
imposed for each applicable offense.
3. The surcharge shall be remitted by the clerk of court as
provided in section 602.8108, subsection 5A.
Sec. 15. NEW SECTION . 915.95 Human trafficking victim fund.
A fund is created as a separate fund in the state treasury.
Moneys deposited in the fund shall be administered by the
department and dedicated to and used for awarding moneys to
programs that provide services and support to victims of human
trafficking under section 710A.2, including public outreach
and awareness programs and service provider training programs.
Notwithstanding section 8.33, any balance in the fund on June
30 of any fiscal year shall not revert to the general fund of
the state.
Sec. 16. EFFECTIVE DATE. The section of this Act enacting
section 911.2A takes effect January 1, 2015.
Sec. 17. APPLICABILITY. The section of this Act enacting
section 911.2A applies to an adjudication of guilt or a
deferred judgment entered for a violation of section 725.1,

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subsection 2, or section 710A.2, 725.2, or 725.3 on or after
January 1, 2015.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2311, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor