SF 179 (LSB 1309XS (3) 88)

SENATE FILE 179

BY  R. SMITH

A BILL FOR

An Act establishing the offense of sexual activity with an individual sixteen or seventeen years of age, and providing penalties. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  709.4A  Sexual activity with a person sixteen or seventeen years of age.
   A person who engages in sexual activity with another person who is sixteen or seventeen years of age is guilty of a class “D” felony if the other person is not at the time cohabiting with the person as the person’s spouse and the person is ten or more years older than the other person. 
    Sec. 2.  Section 903B.2, Code 2019, is amended to read as follows:
   903B.2  Special sentence —— class “D” felonies or misdemeanors.
   A person convicted of a misdemeanor or a class “D” felony offense under chapter 709, except for a conviction under section 709.4A, section 726.2, or section 728.12 shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for a period of ten years, with eligibility for parole as provided in chapter 906. The board of parole shall determine whether the person should be released on parole or placed in a work release program. The special sentence imposed under this section shall commence upon completion of the sentence imposed under any applicable criminal sentencing provisions for the underlying criminal offense and the person shall begin the sentence under supervision as if on parole or work release. The person shall be placed on the corrections continuum in chapter 901B, and the terms and conditions of the special sentence, including violations, shall be subject to the same set of procedures set out in chapters 901B, 905, 906, and 908, and rules adopted under those chapters for persons on parole or work release. The revocation of release shall not be for a period greater than two years upon any first revocation, and five years upon any second or subsequent revocation. A special sentence shall be considered a category “A” sentence for purposes of calculating earned time under section 903A.2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the offense of sexual activity with an individual 16 or 17 years of age, and provides penalties.
   The bill provides that a person who engages in sexual activity with another person who is 16 or 17 years of age is guilty of a class “D” felony if the other person is not at the time cohabiting with the person as the person’s spouse and the person is 10 or more years older than the other person. Sexual activity is defined in Code section 702.17 as any sexual contact between two or more persons by any of the following: 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 licensed person; ejaculation onto the person of another; or by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus.
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill provides that a person convicted of sexual activity with an individual 16 or 17 years of age is not subject to a special sentence committing the person into the custody of the director of the Iowa department of corrections for a period of 10 years.