Senate
File
2297
-
Introduced
SENATE
FILE
2297
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3177)
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
sexual
abuse
in
the
1
fourth
degree,
making
related
changes
to
sexual
abuse
in
the
2
third
degree,
providing
penalties,
and
including
retroactive
3
and
other
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2297
Section
1.
Section
692A.102,
subsection
1,
paragraph
a,
1
Code
Supplement
2011,
is
amended
by
adding
the
following
new
2
subparagraph:
3
NEW
SUBPARAGRAPH
.
(05)
Sexual
abuse
in
the
fourth
degree
4
in
violation
of
section
709.4A.
5
Sec.
2.
Section
692A.121,
subsection
2,
paragraph
b,
6
subparagraph
(2),
Code
2011,
is
amended
by
adding
the
following
7
new
subparagraph
division:
8
NEW
SUBPARAGRAPH
DIVISION
.
(0b)
The
relevant
information
9
about
a
sex
offender
whose
sole
reason
for
being
on
the
sex
10
offender
registry
is
for
a
conviction
under
section
709.4A.
11
Sec.
3.
Section
709.4,
subsection
2,
paragraph
c,
12
subparagraph
(4),
Code
2011,
is
amended
to
read
as
follows:
13
(4)
The
Except
as
provided
in
section
709.4A,
the
person
is
14
four
or
more
years
older
than
the
other
person.
15
Sec.
4.
NEW
SECTION
.
709.4A
Sexual
abuse
in
the
fourth
16
degree.
17
1.
A
person
commits
sexual
abuse
in
the
fourth
degree
when
18
the
person
performs
a
sex
act
with
another
person
and
either
19
of
the
following
apply:
20
a.
The
other
person
is
fourteen
years
of
age
and
the
person
21
is
four,
five,
or
six
years
older
than
the
other
person.
22
b.
The
other
person
is
fifteen
years
of
age
and
the
person
23
is
four
or
five
years
older
than
the
other
person.
24
2.
Notwithstanding
section
903B.2,
a
person
convicted
under
25
this
section
is
not
subject
to
the
special
sentence.
26
3.
A
person
who
violates
this
section
commits
an
aggravated
27
misdemeanor.
28
Sec.
5.
SPECIAL
SENTENCE
——
JUDGMENT
VOID.
29
1.
Notwithstanding
section
903B.2,
a
person
convicted
of
30
a
violation
of
section
709.4,
subsection
2,
paragraph
“c”,
31
subparagraph
(4),
prior
to,
on,
or
after
the
effective
date
of
32
this
Act
shall
not
be
subject
to
the
special
sentence
if
either
33
of
the
following
applied
when
the
offense
was
committed:
34
a.
The
victim
was
fourteen
years
of
age
and
the
person
was
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2297
four,
five,
or
six
years
older
than
the
victim.
1
b.
The
victim
was
fifteen
years
of
age
and
the
person
was
2
four
or
five
years
older
than
the
victim.
3
2.
The
department
of
corrections
in
consultation
with
the
4
department
of
public
safety
shall
identify
persons
whose
sole
5
reason
for
being
on
probation,
parole,
or
committed
to
the
6
custody
of
the
director
of
the
department
of
corrections
is
for
7
a
conviction
of
sexual
abuse
in
the
third
degree
under
section
8
709.4,
subsection
2,
paragraph
“c”,
subparagraph
(4),
that
9
occurred
prior
to,
on,
or
after
the
effective
date
of
this
Act,
10
and
who
meet
the
criteria
established
in
subsection
1.
11
3.
If
the
department
of
corrections
and
the
department
of
12
public
safety
identify
such
a
person
pursuant
to
subsection
13
2,
the
department
of
corrections
shall
notify
the
board
of
14
parole
that
the
portion
of
the
judgment
requiring
the
service
15
of
a
special
sentence
is
void
and
the
person
shall
not
be
16
subject
to
the
special
sentence
under
section
903B.2.
If
the
17
person
identified
pursuant
to
subsection
2
has
begun
serving
18
the
special
sentence,
the
term
of
the
special
sentence
shall
19
terminate
immediately
after
being
notified
by
the
department
of
20
corrections
that
the
portion
of
the
judgment
requiring
service
21
of
a
special
sentence
is
void.
22
4.
The
department
of
public
safety
shall
also
remove
the
23
relevant
information
of
such
a
person
identified
pursuant
to
24
subsection
2
from
the
sex
offender
registry
internet
site
if
25
the
conviction
for
the
offense
identified
in
subsection
1
is
26
the
sole
reason
for
being
on
the
registry.
Upon
removal
of
the
27
relevant
information
from
the
sex
offender
registry
internet
28
site,
the
relevant
information
of
the
person
shall
no
longer
29
be
displayed
on
the
sex
offender
registry
internet
site
unless
30
the
person
is
convicted
of
another
offense
that
requires
31
registration.
32
EXPLANATION
33
This
bill
establishes
the
criminal
offense
of
sexual
abuse
34
in
the
fourth
degree,
makes
related
changes
to
sexual
abuse
in
35
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2297
the
third
degree,
provides
penalties,
and
includes
retroactive
1
and
other
applicability
provisions.
2
SEX
ABUSE
IN
THE
FOURTH
DEGREE.
Under
the
bill,
a
person
3
commits
sexual
abuse
in
the
fourth
degree
if
the
person
commits
4
a
sex
act
with
another
person
and
any
of
the
following
apply:
5
the
other
person
is
14
years
of
age
and
the
person
is
four,
6
five,
or
six
years
older
than
the
other
person;
or
the
other
7
person
is
15
years
of
age
and
the
person
is
four
or
five
years
8
older
than
the
other
person.
9
The
bill
specifies
that
a
person
who
commits
sexual
abuse
in
10
the
fourth
degree
is
guilty
of
an
aggravated
misdemeanor
and
is
11
not
subject
to
a
special
sentence
under
Code
section
903B.2.
12
The
bill
also
specifies
that
a
person
who
commits
sexual
13
abuse
in
the
fourth
degree
shall
register
as
a
tier
I
sex
14
offender
who
is
required
to
verify
the
person’s
relevant
15
information
to
the
county
sheriff
of
residence
on
an
annual
16
basis
for
10
years.
The
bill
further
specifies
that
if
17
the
sole
reason
the
person
is
required
to
register
as
a
sex
18
offender
is
for
a
conviction
of
sexual
abuse
in
the
fourth
19
degree,
the
person’s
name
and
other
relevant
information
shall
20
not
be
displayed
on
the
sex
offender
registry
internet
site.
21
SEX
ABUSE
IN
THE
THIRD
DEGREE.
The
bill
specifies
that
22
a
person
convicted
of
sexual
abuse
in
the
third
degree
in
23
violation
of
Code
section
709.4(2)(c)(4)
(statutory
rape
due
to
24
age
differences
of
the
offending
person
and
the
victim)
prior
25
to,
on,
or
after
the
effective
date
of
the
bill
shall
not
be
26
subject
to
the
special
sentence
under
Code
section
903B.2
if
27
either
of
the
following
applied
when
the
offense
was
committed:
28
the
victim
was
14
years
of
age
and
the
person
was
four,
five,
29
or
six
years
older
than
the
victim;
or
the
victim
was
15
years
30
of
age
and
the
person
was
four
or
five
years
older
than
the
31
victim.
32
For
a
person
convicted
of
sexual
abuse
in
the
third
degree
in
33
violation
of
Code
section
709.4(2)(c)(4)
prior
to,
on,
or
after
34
the
effective
date
of
the
bill
where
a
judgment
for
a
special
35
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2297
sentence
has
already
been
entered
as
part
of
the
judgment,
the
1
bill
voids
the
portion
of
the
judgment
imposing
the
special
2
sentence.
3
Under
the
bill,
the
department
of
corrections
in
4
consultation
with
the
department
of
public
safety
shall
5
identify
persons
whose
sole
reason
for
being
on
probation,
6
parole,
or
committed
to
the
custody
of
the
director
of
the
7
department
of
corrections
is
for
a
conviction
of
sexual
8
abuse
in
the
third
degree
under
Code
section
709.4(2)(c)(4),
9
and
who
meet
the
age
differential
criteria
with
the
victim
10
established
in
the
bill.
If
the
department
of
corrections
11
and
the
department
of
public
safety
identify
such
a
person
12
under
the
bill,
the
department
of
corrections
shall
notify
the
13
board
of
parole
that
the
portion
of
the
judgment
requiring
the
14
service
of
a
special
sentence
is
void
and
the
person
shall
15
not
be
subject
to
the
special
sentence
under
Code
section
16
903B.2.
If
such
a
person
has
begun
serving
the
special
17
sentence,
the
bill
requires
the
term
of
the
special
sentence
to
18
terminate
immediately
after
being
notified
by
the
department
of
19
corrections
that
the
portion
of
the
judgment
requiring
service
20
of
a
special
sentence
is
void.
21
The
bill
also
requires
the
department
of
public
safety
22
to
remove
the
relevant
information
of
a
person
from
the
sex
23
offender
registry
internet
site
if
the
person
was
convicted
24
of
sexual
abuse
in
the
third
degree
under
Code
section
25
709.4(2)(c)(4),
and
the
person
meets
the
age
differential
26
criteria
with
the
victim
established
in
the
bill
and
the
27
conviction
is
the
sole
reason
the
person
is
on
the
sex
offender
28
registry.
Upon
removal
of
the
relevant
information
from
the
29
sex
offender
registry
internet
site,
the
bill
specifies
that
30
the
relevant
information
of
the
person
shall
no
longer
be
31
displayed
on
the
sex
offender
registry
internet
site
unless
32
the
person
is
convicted
of
another
offense
that
requires
33
registration.
34
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