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SF 2180 – Bestiality, Definition and Penalties (LSB5424SV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2180 increases penalties, expands the definition, and creates exceptions related to
the crime of bestiality. The Bill increases the penalty for bestiality from an aggravated
misdemeanor to a Class D felony for subsequent offenses. The Bill also creates a Class D
felony for a person who commits bestiality and has been previously convicted of animal abuse,
animal neglect, or animal torture.
Background
Iowa Code section 717C.1 defines a “sex act” as it relates to bestiality. Current law also
requires a person convicted of bestiality to submit to a psychological evaluation and treatment at
the person’s expense, in addition to any sentence authorized by law.
In FY 2023, three individuals were convicted of a bestiality offense. Of these, there were no
prison admissions, and one individual was admitted to probation.
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025
but not more than $10,245. An aggravated misdemeanor is punishable by confinement for up to
two years and a fine of at least $855 but not more than $8,540.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and
other criminal justice system policies and practices.
• A delay of six months is assumed from the effective date of this Bill to the date of first entry
of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 2180 increases penalties and expands the definition of an existing criminal offense.
The correctional impact cannot be determined, but is anticipated to be minimal. Figure 1 shows
estimates for sentencing to State prison, parole, probation, or community-based corrections
(CBC) residential facilities; LOS in months under those supervisions; and supervision marginal
costs per day for Class D felonies. Refer to the Legislative Services Agency (LSA) memo
addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements,
dated January 16, 2024, for information related to the correctional system.
Fiscal Note
Fiscal Services Division 2
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
Senate File 2180 increases penalties and expands the definition of an existing criminal offense.
As a result, Criminal Juvenile Justice Planning (CJJP) of the Department of Management
(DOM) cannot use existing data to determine the minority impact. Refer to the LSA memo
addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for
information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 2180 increases penalties and expands the definition of an existing criminal offense.
The fiscal impact cannot be determined, but is anticipated to be minimal. Figure 2 shows the
average State cost per offense for a Class D felony and an aggravated misdemeanor. Potential
impacts to the State General Fund include operating costs incurred by the Judicial Branch, the
Indigent Defense Fund, and the DOC. Any costs would be incurred across multiple fiscal years
for prison and parole supervision.
Figure 2 — Average State Cost Per Offense
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
February 8, 2024
Doc ID 1445587
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov Offense Class Average Cost
Class D Felony $12,600 to $18,200
Aggravated Misdemeanor$7,500 to $10,800 Conviction Offense Class
Percent
Ordered to
State Prison
FY 2023 Avg
LOS in
Prison (All
Releases)
Marginal
Prison
Cost Per
Day
Percent
Ordered to
Probation
FY23 Field
Avg LOS
on
Probation
Avg Cost
Per Day
on
Probation
Percent
Sentenced
to CBC
Residential
Facility
Marginal
CBC Cost
Per Day
Percent
Ordered to
County Jail
Marginal
Cost Per
Day Jail
FY23 Field
Avg LOS
on Parole
Marginal
Cost Per
Day Parole
D Felony (Sex) 91.5% 32.3 $24.94 45.4% 40.1 7.67$ 2.8% 20.00$ 39.7% 50.00$ 8.7 7.67$
Aggravated Misdemeanor
(Sex)
80.1% 8.6 $24.94 61.0% 25.6 7.67$ 7.7% 20.00$ 38.1% 50.00$ N/A 7.67$