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House
File
572
-
Reprinted
HOUSE
FILE
572
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
15)
(As
Amended
and
Passed
by
the
House
March
20,
2025
)
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
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572
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
anything
of
value,
does
3
any
of
the
following
involving
a
person
in
violation
of
federal
4
immigration
laws:
5
a.
Uses
a
motor
vehicle,
aircraft,
watercraft,
or
other
6
means
of
conveyance
to
transport
an
individual
with
the
intent
7
to:
8
(1)
Conceal
the
individual
from
a
peace
officer.
9
(2)
Flee
from
a
person
the
actor
knows
is
a
peace
officer
10
attempting
to
lawfully
arrest
or
detain
the
actor.
11
b.
Encourage
or
induce
a
person
to
enter
or
remain
in
12
the
United
States
in
violation
of
federal
law
by
concealing,
13
harboring,
or
shielding
that
person
from
detection.
14
c.
Assist,
guide,
or
direct
two
or
more
individuals
to
enter
15
or
remain
on
agricultural
land
without
the
effective
consent
16
of
the
owner.
17
2.
An
offense
under
this
section
is
a
class
“C”
felony,
18
except
that
the
offense
is:
19
a.
A
class
“B”
felony
if
the
person
or
other
party
as
20
specified
does
any
of
the
following:
21
(1)
The
person
commits
the
offense
in
a
manner
that
creates
22
a
substantial
likelihood
that
the
smuggled
individual
will
23
suffer
serious
bodily
injury
or
death.
24
(2)
The
person
smuggles
an
individual
who
is
a
child
younger
25
than
eighteen
years
of
age
at
the
time
of
the
offense.
26
(3)
The
person
commits
the
offense
with
the
intent
to
obtain
27
a
pecuniary
benefit.
28
(4)
During
the
commission
of
the
offense,
the
actor,
another
29
party
to
the
offense,
or
an
individual
assisted,
guided,
or
30
directed
by
the
actor
knowingly
possessed
a
firearm.
31
b.
A
class
“A”
felony
under
any
of
the
following
32
circumstances:
33
(1)
If
as
a
direct
result
of
the
commission
of
the
offense,
34
the
smuggled
individual
became
a
victim
of
sexual
abuse
in
the
35
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first
degree
under
section
709.2
or
sexual
abuse
in
the
second
1
degree
under
section
709.3.
2
(2)
If
the
smuggled
individual
suffered
serious
bodily
3
injury
or
death.
4
3.
It
is
an
affirmative
defense
to
prosecution
of
an
offense
5
under
this
section,
other
than
an
offense
punishable
under
6
subsection
2,
paragraph
“a”
,
subparagraph
(1),
or
subsection
7
2,
paragraph
“b”
,
that
the
actor
is
related
to
the
smuggled
8
individual
within
the
second
degree
of
consanguinity
or,
at
the
9
time
of
the
offense,
within
the
second
degree
of
affinity.
10
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