Bill Text: IA HSB595 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating the offense of continuous sexual abuse of a child and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-20 - Committee report, recommending amendment and passage. H.J. 322. [HSB595 Detail]
Download: Iowa-2019-HSB595-Introduced.html
House
Study
Bill
595
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
creating
the
offense
of
continuous
sexual
abuse
of
a
1
child
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5316YC
(2)
88
hf/rh
H.F.
_____
Section
1.
NEW
SECTION
.
709.23
Continuous
sexual
abuse
of
a
1
child.
2
1.
A
person
commits
continuous
sexual
abuse
of
a
child
when
3
the
person
engages
in
any
combination
of
three
or
more
acts
4
of
sexual
abuse
in
violation
of
section
709.2,
709.3,
709.4,
5
709.8,
or
709.12,
with
the
same
child,
and
at
least
thirty
days
6
have
elapsed
between
the
first
and
last
acts
of
sexual
abuse.
7
2.
A
person
who
commits
continuous
sexual
abuse
of
a
8
child
is,
upon
conviction,
guilty
of
a
class
“B”
felony.
9
Notwithstanding
section
902.9,
subsection
1,
paragraph
“b”
,
a
10
person
convicted
of
a
violation
of
this
subsection
shall
be
11
confined
for
no
more
than
fifty
years.
12
3.
If
a
jury
is
the
trier
of
fact,
members
of
the
jury
must
13
unanimously
agree
that
three
or
more
acts
of
sexual
abuse
in
14
violation
of
section
709.2,
709.3,
709.4,
709.8,
or
709.12
15
were
committed
with
the
same
child
and
at
least
thirty
days
16
have
elapsed
between
the
first
and
last
acts
of
sexual
abuse.
17
The
jury
does
not
need
to
unanimously
agree
which
specific
18
acts
were
committed
or
the
exact
date
when
those
acts
were
19
committed.
20
4.
Any
other
sexual
abuse
offense
involving
the
same
child
21
shall
not
be
charged
in
the
same
proceeding
as
a
charge
under
22
this
section
unless
the
other
sexual
abuse
offense
occurred
23
outside
of
the
time
period
charged
under
this
section
or
the
24
other
sexual
abuse
offense
is
charged
in
the
alternative.
25
5.
A
person
shall
be
charged
with
only
one
count
under
this
26
section
unless
more
than
one
child
is
involved
in
the
offense.
27
If
more
than
one
child
is
involved,
a
separate
count
may
be
28
charged
for
each
child.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
creates
a
new
criminal
offense
of
continuous
33
sexual
abuse
of
a
child.
34
Under
the
bill,
a
person
commits
continuous
sexual
abuse
35
-1-
LSB
5316YC
(2)
88
hf/rh
1/
2
H.F.
_____
of
a
child
when
the
victim
is
a
child,
defined
as
a
person
1
under
the
age
of
14
pursuant
to
Code
section
702.5,
at
least
2
30
days
have
elapsed
between
the
first
and
last
acts
of
sexual
3
abuse,
and
the
person
engages
in
three
or
more
acts
of
sexual
4
abuse
in
violation
of
Code
section
709.2
(sexual
abuse
in
the
5
first
degree),
709.3
(sexual
abuse
in
the
second
degree),
709.4
6
(sexual
abuse
in
the
third
degree),
709.8
(lascivious
acts
with
7
a
child),
or
709.12
(indecent
contact
with
a
child).
A
person
8
who
commits
a
violation
of
the
bill
is,
upon
conviction,
guilty
9
of
a
class
“B”
felony.
The
bill
allows
a
court
to
sentence
10
a
person
to
no
more
than
50
years,
longer
than
the
maximum
11
sentence
for
a
class
“B”
felony
specified
in
Code
section
902.9
12
(25
years).
If
a
jury
is
the
trier
of
fact,
members
of
the
jury
13
must
unanimously
agree
that
three
or
more
acts
in
violation
of
14
the
bill
were
committed
with
the
same
child
and
at
least
30
15
days
have
elapsed
between
the
first
and
last
acts
of
sexual
16
abuse,
but
the
jury
does
not
need
to
unanimously
agree
which
17
specific
acts
were
committed
or
the
exact
date
when
those
acts
18
were
committed.
19
The
bill
provides
that
a
person
charged
with
the
offense
20
of
continuous
sexual
abuse
of
a
child
shall
not
be
charged
21
with
any
other
sexual
abuse
offenses
involving
the
same
child
22
in
the
same
proceeding
unless
the
other
sexual
abuse
offense
23
occurred
outside
of
the
time
period
charged
or
the
other
sexual
24
abuse
offense
is
charged
in
the
alternative.
A
person
shall
25
be
charged
with
only
one
count
under
the
bill
unless
more
than
26
one
child
is
involved
in
the
offense.
If
more
than
one
child
is
27
involved,
a
separate
count
may
be
charged
for
each
child.
28
-2-
LSB
5316YC
(2)
88
hf/rh
2/
2
