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The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
Title XVI Criminal Law and Procedure
Subtitle 1 Crime Control and Criminal Acts
Sexual abuse in the first degree.
A person commits sexual abuse in the first degree
when in the course of committing sexual abuse the person causes another serious
injury.
Sexual abuse in the first
degree is a class "A" felony.
Sexual abuse in the second degree.
A person commits sexual abuse in the second degree
when the person commits sexual abuse under any of the following circumstances:
1. During the commission of
sexual abuse the person displays in a threatening manner a dangerous weapon, or
uses or threatens to use force creating a substantial risk of death or serious
injury to any person.
2. The other person is under
the age of twelve.
3. The person is aided or
abetted by one or more persons and the sex act is committed by force or against
the will of the other person against whom the sex act is committed.
Sexual abuse in the second
degree is a class "B" felony.
Definition
of forcible felony see ss702.11 of Iowa Code
Sexual abuse in the third degree.
A person commits sexual abuse in the third degree
when the person performs a sex act under any of the following circumstances:
1. The act is done by force
or against the will of the other person, whether or not the other person is the
person's spouse or is cohabiting with the person.
2. The act is between
persons who are not at the time cohabiting as husband and wife and if any of
the following are true:
a. The
other person is suffering from a mental defect or incapacity which precludes
giving consent.
b. The
other person is twelve or thirteen years of age.
c. The
other person is fourteen or fifteen years of age and any of the following are
true:
(1) The person is a member
of the same household as the other person.
(2) The person is related to
the other person by blood or affinity to the fourth degree.
(3) The person is in a
position of authority over the other person and uses that authority to coerce
the other person to submit.
(4) The person is four or
more years older than the other person.
3. The act is performed
while the other person is under the influence of a controlled substance, which
may include but is not limited to flunitrazepam, and all of the following are
true:
a. The controlled
substance, which may include but is not limited to flunitrazepam, prevents the
other person from consenting to the act.
b. The person
performing the act knows or reasonably should have known that the other person
was under the influence of the controlled substance, which may include but is
not limited to flunitrazepam.
4. The act is performed
while the other person is mentally incapacitated, physically incapacitated, or
physically helpless.
Sexual abuse in the third
degree is a class "C" felony.
Resistance to sexual abuse.
Under the provisions of this chapter it shall not be
necessary to establish physical resistance by a person in order to establish
that an act of sexual abuse was committed by force or against the will of the
person. However, the circumstances surrounding the commission of the act may be
considered in determining whether or not the act was done by force or against
the will of the other.
Lascivious
acts with a child.
It is unlawful for any person sixteen years of age or older to perform
any of the following acts with a child with or without the child’s consent
unless married to each other, for the purpose of arousing or satisfying the
sexual desires of either of them:
1. Fondle or touch the pubes
or genitals of a child.
2. Permit or cause a child
to fondle or touch the person’s genital or pubes.
3. Solicit a child to engage in a sex act or solicit a person to
arrange a sex act with a child.
4. Inflict pain or
discomfort upon a child or permit a child to inflict pain or discomfort on the
person.
Any person who violates a provision of this section
involving an act included in subsection 1 or 2 shall, upon conviction, be
guilty of a class “C” felony. Any person who violates a provision of this
section involving an act included in subsection 3 or 4 shall, upon conviction,
be guilty of a class “D” felony.
Assault with intent to commit sexual abuse.
Any person who commits an assault, as defined in
section 708.1,
with the intent to commit sexual abuse is guilty of a class "C"
felony if the person thereby causes serious injury to any person and guilty of
a class "D" felony if the person thereby causes any person a bodily
injury other than a serious injury. The person is guilty of an aggravated
misdemeanor if no injury results.
Indecent contact with a child.
A person eighteen years of age or older is upon
conviction guilty of an aggravated misdemeanor if the person commits any of the
following acts with a child, not the person's spouse, with or without the
child's consent, for the purpose of arousing or satisfying the sexual desires
of either of them:
1. Fondle or touch the inner
thigh, groin, buttock, anus, or breast of the child.
2. Touch the clothing
covering the immediate area of the inner thigh, groin, buttock, anus, or breast
of the child.
3. Solicit or permit a child
to fondle or touch the inner thigh, groin, buttock, anus, or breast of the
person.
4. Solicit a child to engage
in any act prohibited under section 709.8, subsection 1, 2, or 4.
The provisions of this
section shall also apply to a person sixteen or seventeen years of age who
commits any of the enumerated acts with a child who is at least five years the
person's junior, in which case the juvenile court shall have jurisdiction under
chapter 232.
Lascivious conduct with a minor.
It is unlawful for a person over eighteen years of
age who is in a position of authority over a minor to force, persuade, or
coerce a minor, with or without consent, to disrobe or partially disrobe for
the purpose of arousing or satisfying the sexual desires of either of them.
Lascivious conduct with a
minor is a serious misdemeanor.
Sexual exploitation by a counselor, therapist, or school employee.
1. As used in this section:
a. "Counselor or
therapist" means a physician, psychologist, nurse, professional counselor,
social worker, marriage or family therapist, alcohol or drug counselor, member
of the clergy, or any other person, whether or not licensed or registered by
the state, who provides or purports to provide mental health services.
b. "Emotionally
dependent" means that the nature of the patient's or client's or former
patient's or client's emotional condition or the nature of the treatment
provided by the counselor or therapist is such that the counselor or therapist
knows or has reason to know that the patient or client or former patient or
client is significantly impaired in the ability to withhold consent to sexual
conduct, as described in subsection 2, by the counselor or therapist.
For the purposes of
subsection 2, a former patient or client is presumed to be emotionally
dependent for one year following the termination of the provision of mental
health services.
c. "Former patient or
client" means a person who received mental health services from the
counselor or therapist.
d. "Mental health
service" means the treatment, assessment, or counseling of another person
for a cognitive, behavioral, emotional, mental, or social dysfunction,
including an intrapersonal or interpersonal dysfunction.
e. "Patient or
client" means a person who receives mental health services from the
counselor or therapist.
f. "School
employee" means a practitioner as defined in section 272.1.
g. "Student" means
a person who is currently enrolled in or attending a public or nonpublic
elementary or secondary school, or who was a student enrolled in or who
attended a public or nonpublic elementary or secondary school within thirty
days of any violation of subsection 3.
2.
Sexual exploitation by a counselor or therapist occurs when any of the
following are found:
a. A pattern or practice or
scheme of conduct to engage in any of the conduct described in paragraph
"b" or "c".
b. Any sexual conduct, with
an emotionally dependent patient or client or emotionally dependent former
patient or client for the purpose of arousing or satisfying the sexual desires
of the counselor or therapist or the emotionally dependent patient or client or
emotionally dependent former patient or client, which includes but is not
limited to the following: kissing; touching of the clothed or unclothed inner
thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as
defined in section 702.17 .
c. Any sexual conduct with a
patient or client or former patient or client within one year of the
termination of the provision of mental health services by the counselor or
therapist for the purpose of arousing or satisfying the sexual desires of the
counselor or therapist or the patient or client or former patient or client
which includes but is not limited to the following: kissing; touching of the
clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals;
or a sex act as defined in section 702.17.
Sexual exploitation by a
counselor or therapist does not include touching which is part of a necessary
examination or treatment provided a patient or client by a counselor or
therapist acting within the scope of the practice or employment in which the
counselor or therapist is engaged.
3. Sexual exploitation by a
school employee occurs when any of the following are found:
a. A pattern or practice or
scheme of conduct to engage in any of the conduct described in paragraph
"b".
b. Any sexual conduct with a
student for the purpose of arousing or satisfying the sexual desires of the
school employee or the student. Sexual conduct includes but is not limited to
the following: kissing; touching of the clothed or unclothed inner thigh,
breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in
section 702.17.
Sexual exploitation by a
school employee does not include touching that is necessary in the performance
of the school employee's duties while acting within the scope of employment.
4. a. A counselor or
therapist who commits sexual exploitation in violation of subsection 2,
paragraph "a, commits a class "D" felony.
b. A counselor or therapist
who commits sexual exploitation in violation of subsection 2, paragraph
"b", commits an aggravated misdemeanor.
c. A counselor or therapist
who commits sexual exploitation in violation of subsection 2, paragraph
"c", commits a serious misdemeanor. In lieu of the sentence provided
for under section 903.1, subsection 1, paragraph "b", the offender
may be required to attend a sexual abuser treatment program.
5. a. A school employee who
commits sexual exploitation in violation of subsection 3, paragraph
"a", commits a class "D" felony.
b. A school employee who
commits sexual exploitation in violation of subsection 3, paragraph
"b", commits an aggravated misdemeanor.
Sexual abuse - no-contact order.
1. When a person arrested
for sexual abuse in violation of section 709.2, 709.3, or 709.4 is brought before a
magistrate for initial appearance under section 804.21, 804.22, or 804.24, and
the magistrate finds probable cause to believe that a violation of section 709.2,
709.3, or 709.4 has occurred and
that the presence of or contact with the defendant poses a threat to the safety
of the alleged victim, persons residing with the alleged victim, or members of
the alleged victim's immediate family, the magistrate shall enter an order
which shall require the defendant to have no contact with the alleged victim,
persons residing with the alleged victim, or members of the alleged victim's
immediate family, and to refrain from harassing the alleged victim, persons
residing with the alleged victim, or members of the alleged victim's immediate
family, in addition to any other conditions of release determined and imposed
by the magistrate under section 811.2. A no-contact order requiring the
defendant to have no contact with the alleged victim's children shall prevail
over any existing order which may be in conflict with the no-contact order.
The court order shall
contain the court's directives restricting the defendant from having contact
with the victim, persons residing with the victim, or the victim's immediate
family. The order shall state whether a person is to be taken into custody by a
peace officer for a violation of the terms stated in the order.
2. The clerk of the district
court or other person designated by the court shall provide a copy of this
order to the victim pursuant to this chapter. The order has force and effect
until it is modified or terminated by subsequent court action in a contempt
proceeding or the criminal or juvenile court action and is reviewable in the
manner prescribed in section 811.2. Upon final disposition of the criminal or
juvenile court action, the court shall make a determination whether the
no-contact order should be modified or terminated. If a defendant is convicted
for, receives a deferred judgment for, or pleads guilty to a violation of
section 709.2, 709.3, or 709.4, the court shall modify the no-contact order issued by
the magistrate to provide that the no-contact order shall continue in effect
for a period of five years from the date that the judgment is entered or the
deferred judgment is granted, regardless of whether the defendant is placed on
probation. Upon the filing of an affidavit by the victim which states that the
defendant continues to pose a threat to the safety of the victim, persons
residing with the victim, or members of the victim's immediate family within ninety
days prior to the expiration of the modified no-contact order, the court shall
modify and extend the no-contact order for an additional period of five years,
unless the court finds that the defendant no longer poses a threat to the
safety of the victim, persons residing with the victim, or members of the
victim's immediate family. The number of modifications extending the no-contact
order permitted by this subsection is not limited.
The clerk of the district
court shall also provide notice and copies of the no-contact order to the
applicable law enforcement agencies and the twenty-four-hour dispatcher for the
law enforcement agencies, in the same manner as provided for protective orders
under section 236.5. The clerk shall provide notice and copies of modifications
or vacations of these orders in the same manner.
TITLE XVI CRIMINAL LAW AND PROCEDURE
SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS
CHAPTER 710
KIDNAPPING AND RELATED OFFENSES
Enticing away a minor.
1. A person commits a class
"C" felony when, without authority and with the intent to commit
sexual abuse or sexual exploitation upon a minor under the age of thirteen, the
person entices away the minor under the age of thirteen, or entices away a
person reasonably believed to be under the age of thirteen.
2. A person commits a class
"D" felony when, without authority and with the intent to commit an
illegal act upon a minor under the age of sixteen, the person entices away a
minor under the age of sixteen, or entices away a person reasonably believed to
be under the age of sixteen.
3. A person commits an
aggravated misdemeanor when, without authority and with the intent to commit an
illegal act upon a minor under the age of sixteen, the person attempts to
entice away a minor under the age of sixteen, or attempts to entice away a
person reasonably believed to be under the age of sixteen.
4.
A person's intent to commit a violation of this section may be inferred when
the person is not known to the person being enticed away and the person does not
have the permission of the parent, guardian, or custodian to contact the person
being enticed away.
5. For purposes of
determining jurisdiction under section 803.1, an offense is considered
committed in this state if the communication to entice away a minor or a person
believed to be a minor who is present in this state originates from another
state, or the communication to entice away a minor or a person believed to be a
minor is sent from this state.
TITLE XVI CRIMINAL LAW AND PROCEDURE
Subtitle 1 Crime Control and Criminal Act
Chapter 726
PROTECTION OF THE FAMILY AND DEPENDENT PERSON
Incest.
A person, except a child as
defined in section 702.5, who performs a sex act with another whom the person
knows to be related to the person, either legitimately or illegitimately, as an
ancestor, descendant, brother or sister of the whole or half blood, aunt,
uncle, niece, or nephew, commits incest. Incest is a class "D"
felony.
Child endangerment.
1. A person who is the
parent, guardian, or person having custody or control over a child or a minor
under the age of eighteen with a mental or physical disability, or a person who
is a member of the household in which a child or such a minor resides, commits
child endangerment when the person does any of the following:
a. Knowingly
acts in a manner that creates a substantial risk to a child or minor's
physical, mental or emotional health or safety.
b. By an
intentional act or series of intentional acts, uses unreasonable force, torture
or cruelty that results in bodily injury, or that is intended to cause serious
injury.
c. By an
intentional act or series of intentional acts, evidences unreasonable force,
torture or cruelty which causes substantial mental or emotional harm to a child
or minor.
d. Willfully
deprives a child or minor of necessary food, clothing, shelter, health care or
supervision appropriate to the child or minor's age, when the person is
reasonably able to make the necessary provisions and which deprivation
substantially harms the child or minor's physical, mental or emotional health.
For purposes of this paragraph, the failure to provide specific medical
treatment shall not for that reason alone be considered willful deprivation of
health care if the person can show that such treatment would conflict with the
tenets and practice of a recognized religious denomination of which the person
is an adherent or member. This exception does not in any manner restrict the
right of an interested party to petition the court on behalf of the best
interest of the child or minor.
e. Knowingly
permits the continuing physical or sexual abuse of a child or minor. However,
it is an affirmative defense to this subsection if the person had a reasonable
apprehension that any action to stop the continuing abuse would result in
substantial bodily harm to the person or the child or minor.
f. Abandons the
child or minor to fend for the child or minor's self, knowing that the child or
minor is unable to do so.
g. Knowingly
permits a child or minor to be present at a location where amphetamine, its
salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or
salts of isomers, is manufactured in violation of section 124.401, subsection
1, or where a product is possessed in violation of section 124.401 ,
subsection 4.
h. Cohabits
with a person after knowing the person is required to register or is on the sex
offender registry as a sex offender under chapter 692A. However, this paragraph
does not apply to a person who is a parent, guardian, or a person having
custody or control over a child or a minor who is required to register as a sex
offender, or to a person who is married to and living with a person required to
register as a sex offender.
2. A parent or person
authorized by the parent shall not be prosecuted for a violation of subsection
1, paragraph "f", relating to abandonment, if the parent or person
authorized by the parent has voluntarily released custody of a newborn infant
in accordance with section 233.2.
3. For the purposes of
subsection 1, "person having control over a child or a minor" means
any of the following:
a. A person who
has accepted, undertaken, or assumed supervision of a child or such a minor
from the parent or guardian of the child or minor.
b. A person who
has undertaken or assumed temporary supervision of a child or such a minor
without explicit consent from the parent or guardian of the child or minor.
c. A person who
operates a motor vehicle with a child or such a minor present in the vehicle.
4. A person who commits
child endangerment resulting in the death of a child or minor is guilty of a
class "B" felony. Notwithstanding section 902.9, subsection 2, a
person convicted of a violation of this subsection shall be confined for no
more than fifty years.
5. A person who commits
child endangerment resulting in serious injury to a child or minor is guilty of
a class "C" felony.
6. A person who commits
child endangerment resulting in bodily injury to a child or minor or child
endangerment in violation of subsection 1, paragraph "g" , that does
not result in a serious injury, is guilty of a class "D" felony.
7. A person who commits
child endangerment that is not subject to penalty under subsection 5 or 6 is
guilty of an aggravated misdemeanor.
Multiple acts of child endangerment - penalty.
A person who engages in a
course of conduct including three or more acts of child endangerment as defined
in section 726.6 within a period of twelve months involving the same child or a
minor with a mental or physical disability, where one or more of the acts
results in serious injury to the child or minor or results in a skeletal injury
to a child under the age of four years, is guilty of a class "B"
felony. Notwithstanding section 902.9, subsection 2, a person convicted of a
violation of this section shall be confined for no more than fifty years.
Title XVI Criminal Law and Procedure
Subtitle 2 Criminal Procedure
Chapter 802
Sexual abuse - first,
second, or third degree.
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 be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the identity of the person against whom the information or indictment is sought is established through the use of a DNA profile, an information or indictment shall be found within three years from the date the identity of the person is identified by the person's DNA profile, whichever is later.
2. An information or indictment for any other sexual
abuse in the first, second, or third degree shall be found within ten years
after its commission, or if the identity of the person against whom the
information or indictment is sought is established through the use of a DNA
profile, an information or indictment shall be found within three years from
the date the identity of the person is identified by the person's DNA profile,
whichever is later.
3. As used in this section, "identified"
means a person's legal name is known and the person has been determined to be
the source of the DNA.
802.2A Incest - sexual exploitation by a counselor,
therapist, or school employee.
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 be found within ten 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 commission.
2. An indictment or information for sexual
exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age
of eighteen shall be found within ten years after the person upon whom the
offense is committed attains eighteen years of age. 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.
802.3 Felony - aggravated or serious misdemeanor.
In all cases, except those
enumerated in sections 802.1, 802.2, and 802.2A, an indictment or information
for a felony or aggravated or serious misdemeanor shall be found within three
years after its commission.
802.6 Periods excluded from limitation.
1. When a person leaves the
state, the indictment or information may be found within the time herein
limited after the person's coming into the state, and no period during which
the party charged was not publicly resident within the state is a part of the
limitation.
2. The time within which an
indictment or information must be found shall not include the time during which
the defendant is a public officer or employee and the offense arises from
misconduct relating to the duties and trust of that office or employment.
802.7 Continuing crimes.
When an offense is based on
a series of acts committed at different times, the period of limitation
prescribed by this division shall commence upon the commission of the last of
such acts.
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Revised 07/06