Bill Text: IA SF2176 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the criminal offense of lascivious conduct with a minor, and providing penalties. (Formerly SSB 3041.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-15 - Referred to Judiciary. H.J. 594. [SF2176 Detail]

Download: Iowa-2017-SF2176-Introduced.html

Senate File 2176 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3041)

                                      A BILL FOR

  1 An Act relating to the criminal offense of lascivious conduct
  2    with a minor, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5458SV (3) 87
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PAG LIN



  1  1    Section 1.  Section 709.14, Code 2018, is amended by striking
  1  2 the section and inserting in lieu thereof the following:
  1  3    709.14  Lascivious conduct with a minor.
  1  4    1.  a.  It is unlawful for a person eighteen years of age
  1  5 or older who is in a position of authority over a minor to
  1  6 force, persuade, or coerce a minor, with or without consent,
  1  7 to disrobe or partially disrobe for the purpose of arousing or
  1  8 satisfying the sexual desires of either of them.
  1  9    b.  A violation of this subsection is a serious misdemeanor.
  1 10    2.  a.  It is unlawful for a person eighteen years of age or
  1 11 older who is in a position of authority over a person fourteen
  1 12 or fifteen years of age to perform any of the following acts
  1 13 with a person fourteen or fifteen years of age, with or without
  1 14 consent, for the purpose of arousing or satisfying the sexual
  1 15 desires of either of them:
  1 16    (1)  Fondle or touch the inner thigh, groin, buttock, anus,
  1 17 or breast of the person fourteen or fifteen years of age.
  1 18    (2)  Touch the clothing covering the immediate area of the
  1 19 inner thigh, groin, buttock, anus, or breast of the person
  1 20 fourteen or fifteen years of age.
  1 21    (3)  Solicit or permit the person fourteen or fifteen years
  1 22 of age to fondle or touch the inner thigh, groin, buttock,
  1 23 anus, or breast of the person.
  1 24    (4)  Solicit the person fourteen or fifteen years of age to
  1 25 engage in any act prohibited under subsection 3, paragraph "a",
  1 26 subparagraph (1), (2), or (3).
  1 27    b.  A violation of this subsection is a serious misdemeanor.
  1 28    3.  a.  It is unlawful for a person eighteen years of age or
  1 29 older who is in a position of authority over a person fourteen
  1 30 or fifteen years of age to perform any of the following acts
  1 31 with a person fourteen or fifteen years of age, with or without
  1 32 consent, for the purpose of arousing or satisfying the sexual
  1 33 desires of either of them:
  1 34    (1)  Fondle or touch the pubes or genitals of the person
  1 35 fourteen or fifteen years of age.
  2  1    (2)  Permit or cause the person fourteen or fifteen years of
  2  2 age to fondle or touch the person's genitals or pubes.
  2  3    (3)  Cause the touching of the person's genitals to any part
  2  4 of the body of the person fourteen or fifteen years of age.
  2  5    (4)  Solicit the person fourteen or fifteen years of age to
  2  6 engage in a sex act or solicit a person to arrange a sex act
  2  7 with the person fourteen or fifteen years of age.
  2  8    (5)  Inflict pain or discomfort upon the person fourteen or
  2  9 fifteen years of age or permit the person fourteen or fifteen
  2 10 years of age to inflict pain or discomfort on the person.
  2 11    b.  A violation of this subsection is an aggravated
  2 12 misdemeanor.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    This bill relates to the criminal offense of lascivious
  2 17 conduct with a minor.
  2 18    Under the bill, a person commits lascivious conduct with
  2 19 a minor (a person 14 or 15 years of age) when a person over
  2 20 18 years of age who is in a position of authority over the
  2 21 minor performs any of the following acts with the minor, with
  2 22 or without consent, for the purpose of arousing or satisfying
  2 23 the sexual desires of either of them: fondle or touch the
  2 24 inner thigh, groin, buttock, anus, or breast of the minor;
  2 25 touch the clothing covering the immediate area of the inner
  2 26 thigh, groin, buttock, anus, or breast of the minor; solicit
  2 27 or permit the minor to fondle or touch the inner thigh, groin,
  2 28 buttock, anus, or breast of the person; or solicit the minor to
  2 29 engage in certain acts prohibited by the bill in Code section
  2 30 709.14(3)(a)(1), (2), or (3). A person who violates this
  2 31 provision commits a serious misdemeanor.
  2 32    A person commits lascivious conduct with a minor (a person
  2 33 14 or 15 years of age) when a person over 18 years of age who
  2 34 is in a position of authority over the minor performs any of
  2 35 the following acts with the minor, with or without consent,
  3  1 for the purpose of arousing or satisfying the sexual desires
  3  2 of either of them: fondle or touch the pubes or genitals of
  3  3 the minor; permit or cause the minor to fondle or touch the
  3  4 person's genitals or pubes; cause the touching of the person's
  3  5 genitals to any part of the body of the minor; solicit the
  3  6 minor to engage in a sex act or solicit a person to arrange
  3  7 a sex act with the minor; or inflict pain or discomfort upon
  3  8 the minor or permit the minor to inflict pain or discomfort on
  3  9 the person. A person who violates this provision commits an
  3 10 aggravated misdemeanor.
  3 11    The bill does not change the current offense of lascivious
  3 12 conduct with a minor (a person under 18 years of age) which
  3 13 makes it unlawful for a person over 18 years of age who is in
  3 14 a position of authority over the minor to force, persuade,
  3 15 or coerce a minor, with or without consent, to disrobe or
  3 16 partially disrobe for the purpose of arousing or satisfying
  3 17 the sexual desires of either of them.  The current offense is
  3 18 punishable as a serious misdemeanor.
  3 19    A person convicted of lascivious conduct with a minor,
  3 20 regardless of age, must register as a sex offender pursuant to
  3 21 Code chapter 692A.
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