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HF 63

A bill for an act establishing the criminal offense of human smuggling, and providing penalties.

2025-2026 Regular Session Introduced by John Wills

HF 63 creates a new human smuggling offense with penalties up to 5 years (Class D) and aggravated cases up to 25 years (Class B) for harm or weapon use.

Introduced, referred to Judiciary.
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Bill Summary · HF 63

Summary: HF 63 — Establishing the criminal offense of human smuggling, and providing penalties

Overview

HF 63 introduces a new criminal offense of human smuggling in the state’s criminal code. The bill defines basic and aggravated forms of human smuggling, sets penalties, and identifies triggers that elevate the offense to a more serious category. The introduced version was referred to the Judiciary committee on January 15, 2025. Primary sponsor: WILLS.

Key provisions

  • New offense: Human smuggling

    • Elements:
    • A person enters into or remains in the United States without proper documentation;
    • The person benefits financially or receives anything of value from the smuggling activity;
    • The person knew or should have known that the person being smuggled is likely to be exploited for the financial gain of another.
    • Classification and penalties:
    • Class “D” felony.
    • Confinement: up to 5 years.
    • Fine: between $1,025 and $10,245.

  • Aggravated human smuggling

    • Additional circumstances that trigger aggravated status:
    • The offense is committed using a dangerous weapon (as defined by Code section 702.7);
    • The person being smuggled suffers bodily harm, serious bodily harm, or disfigurement;
    • The person being smuggled becomes a victim of sexual assault, sexual abuse, or is involved in commercial sexual activity (as defined in Code section 710A.1).
    • Classification and penalties:
    • Class “B” felony.
    • Confinement: up to 25 years.

  • Cross-referenced definitions

    • Dangerous weapon references the definition in Code section 702.7.
    • Sexual assault/sexual abuse and commercial sexual activity reference Code sections 710A.1.

Who is affected

  • Individuals who knowingly participate in smuggling people into or within the United States without proper documentation.
  • Those who financially benefit from the smuggling activity.
  • Individuals who are exploited or placed at risk for financial gain, including scenarios involving harm, disfigurement, sexual exploitation, or involvement in commercial sexual activity.

Procedural and timeline aspects

  • Status: Introduced, January 15, 2025; referred to Judiciary.
  • Sponsor: WILLS (primary).

Potential impact and considerations

  • Creates a distinct criminal framework for human smuggling separate from other related offenses, with a lower-tier felony (Class D) and a higher-tier aggravated felony (Class B) for serious harms or weapon involvement.
  • Establishes clear triggers for enhanced penalties when violence, harm, or sexual exploitation occurs.
  • Affects prosecutors, law enforcement, and potential victims by providing statutory pathways to charge, prosecute, and seek penalties for smuggling activities and aggravated cases.
  • The bill’s language relies on existing definitions for dangerous weapons and sexual content to determine aggravation, linking to other parts of the criminal code.

Note: This summary reflects the introduced version of HF 63 and its stated provisions. Further amendments or committee actions could modify elements, definitions, or penalties.

Compiled from official sources — confirm details with the bill’s official record.

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