Bill Text: IA SF92 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 92 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act creating the criminal offense of intent to commit a sex act with a minor through the use of an electronic device.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-17 - Fiscal note. [SF92 Detail]

Download: Iowa-2017-SF92-Introduced.html

Senate File 92 - Introduced




                                 SENATE FILE       
                                 BY  SINCLAIR

                                      A BILL FOR

  1 An Act creating the criminal offense of intent to commit a sex
  2    act with a minor through the use of an electronic device.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1113XS (20) 87
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PAG LIN



  1  1    Section 1.  Section 692A.102, subsection 1, paragraph b,
  1  2 Code 2017, is amended by adding the following new subparagraph:
  1  3    NEW SUBPARAGRAPH.  (029)  Intent to commit a sex act with
  1  4 a person under sixteen years of age in violation of section
  1  5 709.23.
  1  6    Sec. 2.  Section 702.11, subsection 1, Code 2017, is amended
  1  7 to read as follows:
  1  8    1.  a.  A "forcible felony" is any felonious child
  1  9 endangerment, assault, murder, sexual abuse, kidnapping,
  1 10 robbery, human trafficking, arson in the first degree, or
  1 11 burglary in the first degree.
  1 12    b.  A "forcible felony" also includes a violation of section
  1 13 709.23.
  1 14    Sec. 3.  NEW SECTION.  709.23  Intent to commit a sex act
  1 15 with a person under sixteen years of age == use of an electronic
  1 16 device.
  1 17    1.  A person commits a class "C" felony if the person uses
  1 18 an electronic device to communicate with another person with
  1 19 the intent to commit a sex act and the person believes or has
  1 20 reason to believe the other person is under sixteen years of
  1 21 age.
  1 22    2.  This section only applies, if at the time of the
  1 23 communication, the person communicating the intent to commit a
  1 24 sex act is four or more years older than the other person.
  1 25    3.  Proof that the person committed an overt act, other than
  1 26 the use of an electronic device to communicate the intent to
  1 27 commit a sex act, is necessary to prove intent under subsection
  1 28 1.
  1 29    4.  For purposes of this section, "electronic device"
  1 30 includes but is not limited to a computer, mobile telephone, or
  1 31 other electronic device used to communicate.
  1 32                           EXPLANATION
  1 33 The inclusion of this explanation does not constitute agreement with
  1 34 the explanation's substance by the members of the general assembly.
  1 35    This bill creates the criminal offense of intent to commit a
  2  1 sex act with a person under 16 years of age through the use of
  2  2 an electronic device.
  2  3    Under the bill, a person commits a class "C" felony if the
  2  4 person uses an electronic device to communicate with another
  2  5 person with the intent to commit a sex act and the person
  2  6 believes or has reason to believe the other person is under 16
  2  7 years of age. A "sex act" is defined in Code section 702.17.
  2  8    The bill only applies to a person who, at the time of the
  2  9 communication of the intent to commit a sex act, is four or
  2 10 more years older than the other person.
  2 11    The bill requires that the person commit an overt act, other
  2 12 than the use of a computer to communicate the intent to commit
  2 13 a sex act, in order to prove intent to violate the bill.
  2 14    The bill defines "electronic device" to include a computer,
  2 15 mobile telephone, or other electronic device used to
  2 16 communicate.
  2 17    A class "C" felony is punishable by confinement for no more
  2 18 than 10 years and a fine of at least $1,000 but not more than
  2 19 $10,000.
  2 20    A violation of the bill is also a forcible felony.  A person
  2 21 convicted of a forcible felony is not eligible to receive a
  2 22 deferred judgment or sentence, or a suspended sentence.
  2 23    A person who violates the bill is required to register as a
  2 24 tier II sex offender under Code chapter 692A.  A tier II sex
  2 25 offender is required to verify certain information about the
  2 26 offender every six months while on the registry.
  2 27    A person who violates the bill is also subject to lifetime
  2 28 special sentence parole provisions under Code section 903B.1.
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