Senate File 2176 - Introduced SENATE FILE 2176 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3041) A BILL FOR An Act relating to the criminal offense of lascivious conduct 1 with a minor, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5458SV (3) 87 jm/rh

S.F. 2176 Section 1. Section 709.14, Code 2018, is amended by striking 1 the section and inserting in lieu thereof the following: 2 709.14 Lascivious conduct with a minor. 3 1. a. It is unlawful for a person eighteen years of age 4 or older who is in a position of authority over a minor to 5 force, persuade, or coerce a minor, with or without consent, 6 to disrobe or partially disrobe for the purpose of arousing or 7 satisfying the sexual desires of either of them. 8 b. A violation of this subsection is a serious misdemeanor. 9 2. a. It is unlawful for a person eighteen years of age or 10 older who is in a position of authority over a person fourteen 11 or fifteen years of age to perform any of the following acts 12 with a person fourteen or fifteen years of age, with or without 13 consent, for the purpose of arousing or satisfying the sexual 14 desires of either of them: 15 (1) Fondle or touch the inner thigh, groin, buttock, anus, 16 or breast of the person fourteen or fifteen years of age. 17 (2) Touch the clothing covering the immediate area of the 18 inner thigh, groin, buttock, anus, or breast of the person 19 fourteen or fifteen years of age. 20 (3) Solicit or permit the person fourteen or fifteen years 21 of age to fondle or touch the inner thigh, groin, buttock, 22 anus, or breast of the person. 23 (4) Solicit the person fourteen or fifteen years of age to 24 engage in any act prohibited under subsection 3, paragraph “a” , 25 subparagraph (1), (2), or (3). 26 b. A violation of this subsection is a serious misdemeanor. 27 3. a. It is unlawful for a person eighteen years of age or 28 older who is in a position of authority over a person fourteen 29 or fifteen years of age to perform any of the following acts 30 with a person fourteen or fifteen years of age, with or without 31 consent, for the purpose of arousing or satisfying the sexual 32 desires of either of them: 33 (1) Fondle or touch the pubes or genitals of the person 34 fourteen or fifteen years of age. 35 -1- LSB 5458SV (3) 87 jm/rh 1/ 3

S.F. 2176 (2) Permit or cause the person fourteen or fifteen years of 1 age to fondle or touch the person’s genitals or pubes. 2 (3) Cause the touching of the person’s genitals to any part 3 of the body of the person fourteen or fifteen years of age. 4 (4) Solicit the person fourteen or fifteen years of age to 5 engage in a sex act or solicit a person to arrange a sex act 6 with the person fourteen or fifteen years of age. 7 (5) Inflict pain or discomfort upon the person fourteen or 8 fifteen years of age or permit the person fourteen or fifteen 9 years of age to inflict pain or discomfort on the person. 10 b. A violation of this subsection is an aggravated 11 misdemeanor. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the criminal offense of lascivious 16 conduct with a minor. 17 Under the bill, a person commits lascivious conduct with 18 a minor (a person 14 or 15 years of age) when a person over 19 18 years of age who is in a position of authority over the 20 minor performs any of the following acts with the minor, with 21 or without consent, for the purpose of arousing or satisfying 22 the sexual desires of either of them: fondle or touch the 23 inner thigh, groin, buttock, anus, or breast of the minor; 24 touch the clothing covering the immediate area of the inner 25 thigh, groin, buttock, anus, or breast of the minor; solicit 26 or permit the minor to fondle or touch the inner thigh, groin, 27 buttock, anus, or breast of the person; or solicit the minor to 28 engage in certain acts prohibited by the bill in Code section 29 709.14(3)(a)(1), (2), or (3). A person who violates this 30 provision commits a serious misdemeanor. 31 A person commits lascivious conduct with a minor (a person 32 14 or 15 years of age) when a person over 18 years of age who 33 is in a position of authority over the minor performs any of 34 the following acts with the minor, with or without consent, 35 -2- LSB 5458SV (3) 87 jm/rh 2/ 3

S.F. 2176 for the purpose of arousing or satisfying the sexual desires 1 of either of them: fondle or touch the pubes or genitals of 2 the minor; permit or cause the minor to fondle or touch the 3 person’s genitals or pubes; cause the touching of the person’s 4 genitals to any part of the body of the minor; solicit the 5 minor to engage in a sex act or solicit a person to arrange 6 a sex act with the minor; or inflict pain or discomfort upon 7 the minor or permit the minor to inflict pain or discomfort on 8 the person. A person who violates this provision commits an 9 aggravated misdemeanor. 10 The bill does not change the current offense of lascivious 11 conduct with a minor (a person under 18 years of age) which 12 makes it unlawful for a person over 18 years of age who is in 13 a position of authority over the minor to force, persuade, 14 or coerce a minor, with or without consent, to disrobe or 15 partially disrobe for the purpose of arousing or satisfying 16 the sexual desires of either of them. The current offense is 17 punishable as a serious misdemeanor. 18 A person convicted of lascivious conduct with a minor, 19 regardless of age, must register as a sex offender pursuant to 20 Code chapter 692A. 21 -3- LSB 5458SV (3) 87 jm/rh 3/ 3