SF 298 (LSB 2197SV (6) 85)

RELATING TO THE DEFINITION OF THE TERM “SEX ACT” IN THE CRIMINAL CODE, LASCIVIOUS ACTS WITH A CHILD, AND PROVIDING PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 702.17, Code 2013, is amended to read as follows:
   702.17  Sex act.
   The term “sex act” or “sexual activity” means any sexual contact between two or more persons by:  penetration of the penis into the vagina or anus; contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person; contact between the finger or hand of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 151, or 152;
 
ejaculation onto the person of another; or by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus.
    Sec. 2.  Section 709.8, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Cause the touching of the person’s genitals to any part of the body of a child.
    Sec. 3.  Section 709.8, unnumbered paragraph 2, Code 2013, is amended to read as follows:
   Any person who violates a provision of this section involving an act included in subsection 1 or 2
 
through 2A 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.

______________________________
PAM JOCHUM

President of the Senate

______________________________
KRAIG PAULSEN

Speaker of the House

   I hereby certify that this bill originated in the Senate and is known as Senate File 298, Eighty-fifth General Assembly.

______________________________
MICHAEL E. MARSHALL

Secretary of the Senate
Approved _______________, 2013

______________________________
TERRY E. BRANSTAD

Governor