Iowa Supreme Court holds that the evidence was insufficient to show that the Defendant was attempting to engage in commercial sexual activity under Iowa Code section 710A.1(1). The defendant’s did not give or promise any item of value in exchange for a sex act or sexually explicit performance. Any offers that the defendant made were to facilitate a sexual relationship but were not in exchange for sex—or were vague and did not rise to the necessary level to constitute a promise.
The Defendant did not promise, give, or receive items of value in exchange for sex. There must be a quid pro quo offer in exchange sex. Merely arranging a ride or location, things to facilitate the sex, but not in exchange for the sex, do not violate the statute. Although the defendant told the girl he had no problem spoiling her or giving her certain items when they were together, there never was a direct acknowledgment that he would provide anything of value in exchange for sexual activity. In summary, the Iowa Supreme Court agreed that Iowa Code section 710A.1(1) requires an express or implied quid pro quo.