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House
File
63
-
Introduced
HOUSE
FILE
63
BY
WILLS
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
human
smuggling,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
710.12
Human
smuggling
——
1
aggravated
human
smuggling.
2
1.
a.
A
person
commits
the
offense
of
human
smuggling
when
3
the
person
knowingly
transports
another
person
into
the
state,
4
or
harbors
or
conceals
another
person
within
the
state,
and
all
5
of
the
following
apply:
6
(1)
The
person
knows
or
should
have
known
that
the
other
7
person
is
entering
into
or
remaining
in
the
United
States
8
without
proper
documentation.
9
(2)
The
person
benefits
financially,
or
receives
anything
10
of
value.
11
(3)
The
person
knows
or
should
have
known
that
the
person
12
being
smuggled
is
likely
to
be
exploited
for
the
financial
gain
13
of
another.
14
b.
A
person
who
commits
the
offense
of
human
smuggling
15
commits
a
class
“D”
felony.
16
2.
a.
Aggravated
human
smuggling
is
human
smuggling
for
17
which
any
of
the
following
apply:
18
(1)
The
offense
is
committed
using
a
dangerous
weapon.
19
(2)
The
offense
causes
bodily
harm,
serious
bodily
harm,
or
20
disfigurement
to
the
person
being
smuggled.
21
(3)
The
offense
causes
the
person
being
smuggled
to
become
22
a
victim
of
sexual
assault
or
sexual
abuse,
or
involved
in
23
commercial
sexual
activity
as
defined
in
section
710A.1.
24
b.
A
person
who
commits
the
offense
of
aggravated
human
25
smuggling
commits
a
class
“B”
felony.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
establishes
the
criminal
offense
of
human
30
smuggling.
31
The
bill
provides
that
a
person
commits
the
offense
of
human
32
smuggling
when
the
person
knowingly
transports
another
person
33
into
the
state,
or
harbors
or
conceals
another
person
within
34
the
state
and:
the
person
knows
or
should
have
known
that
the
35
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H.F.
63
other
person
is
entering
into
or
remaining
in
the
United
States
1
without
proper
documentation;
the
person
benefits
financially,
2
or
receives
anything
of
value;
and
the
person
knows
or
should
3
have
known
that
the
person
being
smuggled
is
likely
to
be
4
exploited
for
the
financial
gain
of
another.
Human
smuggling
5
is
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
by
6
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
7
$1,025
but
not
more
than
$10,245.
8
A
person
commits
aggravated
human
smuggling
when
the
offense
9
of
human
smuggling
is
committed
using
a
dangerous
weapon
as
10
defined
in
Code
section
702.7;
causes
bodily
harm,
serious
11
bodily
harm,
or
disfigurement
to
the
person
being
smuggled;
12
or
causes
the
person
being
smuggled
to
become
a
victim
of
13
sexual
assault
or
sexual
abuse,
or
involved
in
commercial
14
sexual
activity
as
defined
in
Code
section
710A.1.
Aggravated
15
human
smuggling
is
a
class
“B”
felony.
A
class
“B”
felony
is
16
punishable
by
confinement
for
no
more
than
25
years.
17
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