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Text: HF00291                           Text: HF00293
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 292

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 702.11, Code 1995, is amended to read
  1  2 as follows:
  1  3    702.11  FORCIBLE FELONY.
  1  4    A "forcible felony" is any felonious child endangerment,
  1  5 assault, murder, sexual abuse, kidnapping, robbery, arson in
  1  6 the first degree, or burglary in the first degree.  However,
  1  7 sexual abuse in the third degree committed between spouses,
  1  8 sexual abuse in violation of section 709.4, subsection 2,
  1  9 paragraph "c", subparagraph (4) "b", or sexual exploitation by
  1 10 a counselor or therapist in violation of section 709.15, is
  1 11 not a "forcible felony".
  1 12    Sec. 2.  Section 709.4, subsection 2, Code 1995, is amended
  1 13 to read as follows:
  1 14    2.  The act is between persons who are not at the time
  1 15 cohabiting as husband and wife and if any of the following are
  1 16 true:
  1 17    a.  The other participant is suffering from a mental defect
  1 18 or incapacity which precludes giving consent.
  1 19    b.  The person is eighteen years of age or older and the
  1 20 other participant is twelve or thirteen years of age seventeen
  1 21 years of age or younger.
  1 22    c.  The other participant is fourteen or fifteen years of
  1 23 age and any of the following are true:
  1 24    (1)  The person is a member of the same household as the
  1 25 other participant.
  1 26    (2)  The person is related to the other participant by
  1 27 blood or affinity to the fourth degree.
  1 28    (3)  The person is in a position of authority over the
  1 29 other participant and uses that authority to coerce the other
  1 30 participant to submit.
  1 31    (4)  The person is five or more years older than the other
  1 32 participant.  
  1 33                           EXPLANATION
  1 34    This bill provides that an adult who commits a sex act with
  1 35 a person who is 17 years of age or younger commits third
  2  1 degree sexual abuse, which is a class "C" felony.  The bill
  2  2 also makes conforming changes to section 702.11 regarding
  2  3 sexual abuse by a counselor or therapist and to section 709.4
  2  4 by striking language making it third degree sexual abuse for a
  2  5 person to commit a sex act with a person who is 12 or 13 or
  2  6 with a person who is 14 or 15, if the person committing the
  2  7 act is a member of the same household as the other person,
  2  8 related to the other person within the fourth degree of blood
  2  9 or affinity, is in a position of power over the other person,
  2 10 or five or more years older.
  2 11    The bill may contain a state mandate under chapter 25B.
  2 12 Political subdivisions will not have to comply with the
  2 13 provisions of the bill unless an appropriation is made in
  2 14 accordance with section 25B.2, subsection 3, fully or
  2 15 proportionately funding the costs of complying with the bill.  
  2 16 LSB 2108HH 76
  2 17 mk/jj/8.2
     

Text: HF00291                           Text: HF00293
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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