Bill Text: IA SF562 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to sexual exploitation by an adult providing training or instruction and statute of limitations time periods for certain criminal offenses committed on or with minors, and providing penalties and including effective date provisions. (Formerly SF 372.) Effective date: 07/01/2021, 05/12/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-06-28 - Fiscal note. [SF562 Detail]
Download: Iowa-2021-SF562-Enrolled.html
Senate
File
562
-
Enrolled
Senate
File
562
AN
ACT
RELATING
TO
SEXUAL
EXPLOITATION
BY
AN
ADULT
PROVIDING
TRAINING
OR
INSTRUCTION
AND
STATUTE
OF
LIMITATIONS
TIME
PERIODS
FOR
CERTAIN
CRIMINAL
OFFENSES
COMMITTED
ON
OR
WITH
MINORS,
AND
PROVIDING
PENALTIES
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
SEXUAL
EXPLOITATION
BY
AN
ADULT
PROVIDING
TRAINING
OR
INSTRUCTION
Section
1.
Section
614.1,
subsection
12,
Code
2021,
is
amended
to
read
as
follows:
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction
.
An
action
for
damages
for
injury
suffered
as
a
result
of
sexual
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction
,
as
defined
in
section
709.15
,
or
as
a
result
of
sexual
exploitation
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction
shall
be
brought
within
five
years
of
the
date
the
victim
was
last
treated
by
the
counselor
or
therapist,
or
within
five
years
of
the
date
the
victim
was
last
enrolled
in
or
attended
the
school.
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
b,
subparagraph
(11),
Code
2021,
is
amended
to
read
as
follows:
(11)
Sexual
exploitation
by
a
counselor,
therapist,
or
Senate
File
562,
p.
2
school
employee
,
or
adult
providing
training
or
instruction
in
violation
of
section
709.15
,
if
the
victim
is
thirteen
years
of
age
or
older.
Sec.
3.
Section
692A.102,
subsection
1,
paragraph
c,
subparagraph
(28),
Code
2021,
is
amended
to
read
as
follows:
(28)
Sexual
exploitation
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction
in
violation
of
section
709.15
,
if
the
child
is
under
thirteen
years
of
age.
Sec.
4.
Section
702.11,
subsection
2,
paragraph
d,
Code
2021,
is
amended
to
read
as
follows:
d.
Sexual
exploitation
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction
in
violation
of
section
709.15
.
Sec.
5.
Section
709.15,
subsection
1,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0a.
“Adult
providing
training
or
instruction”
means
an
adult
who
is
not
a
school
employee
who
provides
paid
training
or
instruction
to
a
minor
outside
of
a
school
setting.
For
purposes
of
this
paragraph,
“adult”
is
a
person
age
eighteen
years
or
older
who
is
four
or
more
years
older
than
the
minor
receiving
training
or
instruction.
Sec.
6.
Section
709.15,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
a.
Sexual
exploitation
by
an
adult
providing
training
or
instruction
occurs
when
any
of
the
following
are
found:
(1)
A
pattern
or
practice
or
scheme
of
conduct
to
engage
in
any
of
the
conduct
described
in
subparagraph
(2).
(2)
Any
sexual
conduct
with
a
minor
for
the
purpose
of
arousing
or
satisfying
the
sexual
desires
of
the
adult
providing
training
or
instruction
or
of
the
minor.
Sexual
conduct
includes
but
is
not
limited
to
the
following:
(a)
Kissing.
(b)
Touching
of
the
clothed
or
unclothed
inner
thigh,
breast,
groin,
buttock,
anus,
pubes,
or
genitals.
(c)
A
sex
act
as
defined
in
section
702.17.
b.
Sexual
exploitation
by
an
adult
providing
training
or
instruction
does
not
include
touching
that
is
necessary
in
the
Senate
File
562,
p.
3
performance
of
the
adult’s
duties
while
providing
training
or
instruction.
c.
This
subsection
only
applies
to
an
offense
under
subparagraph
(1)
which
occurs
within
the
period
of
time
the
adult
providing
training
or
instruction
is
receiving
payment
for
the
training
or
instruction
and
to
an
offense
under
subparagraph
(2)
which
occurs
within
the
period
of
time
the
adult
providing
training
or
instruction
is
receiving
payment
for
the
training
or
instruction
or
within
thirty
days
after
any
such
period
of
training
or
instruction.
Sec.
7.
Section
709.15,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
a.
An
adult
providing
training
or
instruction
who
commits
sexual
exploitation
in
violation
of
subsection
3A,
paragraph
“a”
,
subparagraph
(1),
commits
a
class
“D”
felony.
b.
An
adult
providing
training
or
instruction
who
commits
sexual
exploitation
in
violation
of
subsection
3A,
paragraph
“a”
,
subparagraph
(2),
commits
an
aggravated
misdemeanor.
DIVISION
II
STATUTE
OF
LIMITATIONS
——
CRIMINAL
OFFENSES
——
MINORS
Sec.
8.
Section
802.2,
subsections
1
and
2,
Code
2021,
are
amended
to
read
as
follows:
1.
An
information
or
indictment
for
sexual
abuse
in
the
first,
second,
or
third
degree
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
years
shall
may
be
found
within
fifteen
years
after
the
person
upon
whom
the
offense
is
committed
attains
eighteen
years
of
age,
or
if
the
person
against
whom
the
information
or
indictment
is
sought
is
identified
through
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
be
found
within
three
years
from
the
date
the
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
later
commenced
at
any
time
after
the
commission
of
the
offense
.
2.
An
information
or
indictment
for
any
other
sexual
abuse
in
the
first,
second,
or
third
degree
shall
be
found
commenced
within
ten
years
after
its
commission,
or
if
the
person
against
whom
the
information
or
indictment
is
sought
is
identified
through
the
use
of
a
DNA
profile,
an
information
or
indictment
Senate
File
562,
p.
4
shall
be
found
commenced
within
three
years
from
the
date
the
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
later.
Sec.
9.
Section
802.2A,
Code
2021,
is
amended
to
read
as
follows:
802.2A
Incest
——
sexual
exploitation
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction
.
1.
An
information
or
indictment
for
incest
under
section
726.2
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
shall
may
be
found
within
fifteen
years
after
the
person
upon
whom
the
offense
is
committed
attains
eighteen
years
of
age.
An
information
or
indictment
for
any
other
incest
shall
be
found
within
ten
years
after
its
commenced
at
any
time
after
the
commission
of
the
offense
.
2.
An
indictment
or
information
for
sexual
exploitation
by
a
counselor,
therapist,
or
school
employee
,
or
adult
providing
training
or
instruction,
under
section
709.15
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
shall
may
be
found
within
fifteen
years
after
the
person
upon
whom
the
offense
is
committed
attains
eighteen
years
of
age
commenced
at
any
time
after
the
commission
of
the
offense
.
An
information
or
indictment
for
any
other
sexual
exploitation
shall
be
found
within
ten
years
of
the
date
the
victim
was
last
treated
by
the
counselor
or
therapist,
or
within
ten
years
of
the
date
the
victim
was
enrolled
in
or
attended
the
school.
Sec.
10.
Section
802.2B,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
An
information
or
indictment
for
the
following
offenses
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
years
shall
may
be
found
within
ten
years
after
the
person
upon
whom
the
offense
is
committed
attains
eighteen
years
of
age,
or
if
the
person
against
whom
the
information
or
indictment
is
sought
is
identified
through
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
be
found
within
three
years
from
the
date
the
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
later
commenced
at
any
time
after
the
commission
of
the
offense
:
Sec.
11.
Section
802.2D,
Code
2021,
is
amended
to
read
as
Senate
File
562,
p.
5
follows:
802.2D
Human
trafficking.
An
information
or
indictment
for
human
trafficking
in
violation
of
section
710A.2
,
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
years
shall
may
be
found
within
ten
years
after
the
person
upon
whom
the
offense
is
committed
attains
eighteen
years
of
age,
or
if
the
person
against
whom
the
information
or
indictment
is
sought
is
identified
through
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
be
found
within
three
years
from
the
date
the
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
later
commenced
at
any
time
after
the
commission
of
the
offense
.
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
562,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor