Bill Text: IA HF388 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the commission of sexual abuse in the third degree with persons who are sixteen or seventeen years of age, and providing penalties.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-02-21 - Introduced, referred to Judiciary. H.J. 421. [HF388 Detail]

Download: Iowa-2017-HF388-Introduced.html

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House File 388 - Introduced




                                 HOUSE FILE       
                                 BY  FISHER

                                      A BILL FOR

  1 An Act relating to the commission of sexual abuse in the third
  2    degree with persons who are sixteen or seventeen years of
  3    age, and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2133YH (2) 87
    jm/rj

PAG LIN



  1  1    Section 1.  Section 709.4, subsection 1, paragraph b,
  1  2 subparagraph (3), unnumbered paragraph 1, Code 2017, is amended
  1  3 to read as follows:
  1  4    The other person is fourteen, or fifteen years, sixteen, or
  1  5 seventeen of age and any of the following are true:
  1  6                           EXPLANATION
  1  7 The inclusion of this explanation does not constitute agreement with
  1  8 the explanation's substance by the members of the general assembly.
  1  9    This bill relates to the commission of sexual abuse in the
  1 10 third degree with persons who are 16 or 17 years of age.
  1 11    Currently, a person who commits a sex act with a 14=year=old
  1 12 or 15=year=old commits sexual abuse in the third degree under
  1 13 any of the following circumstances: the person is a member
  1 14 of the same household as the 14=year=old or 15=year=old; the
  1 15 person is related to the 14=year=old or 15=year=old by blood
  1 16 or affinity to the fourth degree; the person is in a position
  1 17 of authority over the 14=year=old or 15=year=old and uses that
  1 18 authority to coerce the 14=year=old or 15=year=old to submit;
  1 19 or the person is four or more years older than the 14=year=old
  1 20 or 15=year=old person.
  1 21    Under the bill, a person who commits a sex act with a
  1 22 14=year=old, 15=year=old, 16=year=old, or 17=year=old commits
  1 23 sexual abuse in the third degree under any of the following
  1 24 circumstances: the person is a member of the same household as
  1 25 the 14=year=old, 15=year=old, 16=year=old, or 17=year=old; the
  1 26 person is related to the 14=year=old, 15=year=old, 16=year=old,
  1 27 or 17=year=old by blood or affinity to the fourth degree; the
  1 28 person is in a position of authority over the 14=year=old,
  1 29 15=year=old, 16=year=old, or 17=year=old and uses that
  1 30 authority to coerce the 14=year=old, 15=year=old, 16=year=old,
  1 31 or 17=year=old to submit; or the person is four or more years
  1 32 older than the 14=year=old, 15=year=old, 16=year=old, or
  1 33 17=year=old person.
  1 34    The bill essentially makes a sex act with a 16=year=old
  1 35 or 17=year=old under the circumstances specified in the bill
  2  1 a sexual abuse in the third degree violation. A person who
  2  2 commits sexual abuse in the third degree commits a class "C"
  2  3 felony.  A class "C" felony is punishable by confinement for no
  2  4 more than 10 years and a fine of at least $1,000 but not more
  2  5 than $10,000.
  2  6    A person who commits sexual abuse in the third degree must
  2  7 register as a sex offender under Code chapter 692A and is also
  2  8 subject to a special life sentence of parole under Code section
  2  9 903B.1.
  2 10    The bill impacts Code sections 321.375 (school bus
  2 11 drivers), 664A.2 (no=contact orders), 692A.101 (definition of
  2 12 aggravated offense against a minor), 692A.102 (sex offense
  2 13 classification), 702.11 (forcible felony), 709.19 (no=contact
  2 14 order=release from jail or prison), 902.14 (enhanced penalty),
  2 15 903B.10 (hormonal intervention therapy), and 906.15 (discharge
  2 16 from parole).
       LSB 2133YH (2) 87
       jm/rj