Text: HF00512 Text: HF00514 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 "c", or sexual 1 10 exploitation by a counselor or therapist in violation of 1 11 section 709.15, is 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. 1 21c. The other participant is fourteen or fifteen years of1 22age and any of the following are true:1 23(1) The person is a member of the same household as the1 24other participant.1 25(2) The person is related to the other participant by1 26blood or affinity to the fourth degree.1 27(3) The person is in a position of authority over the1 28other participant and uses that authority to coerce the other1 29participant to submit.1 30(4) The person is five or more years older than the other1 31participant.1 32 c. The person is eighteen years of age or older and the 1 33 other participant is fourteen, fifteen, or sixteen years of 1 34 age. 1 35 Sec. 3. Section 709.4, subsection 2, unnumbered paragraph 2 1 2, Code 1995, is amended to read as follows: 2 2 Sexual abuse in the third degree in violation of subsection 2 3 1 or subsection 2, paragraph "a" or "b", is a class "C" 2 4 felony. Sexual abuse in the third degree in violation of 2 5 subsection 2, paragraph "c", is a class "D" felony. 2 6 EXPLANATION 2 7 This bill provides that an adult who commits a sex act with 2 8 a person who is 12 or 13 years of age commits third degree 2 9 sexual abuse, which is a class "C" felony. The bill also 2 10 provides that an adult who commits a sex act with a person who 2 11 is 14, 15, or 16 years of age commits a class "D" felony. 2 12 The bill also makes conforming changes to section 702.11 2 13 and to section 709.4 by striking language making it third 2 14 degree sexual abuse for a person to commit a sex act with a 2 15 person who is 12 or 13 or with a person who is 14 or 15, if 2 16 the person committing the act is a member of the same 2 17 household as the other person, related to the other person 2 18 within the fourth degree of blood or affinity, is in a 2 19 position of power over the other person, or five or more years 2 20 older. 2 21 The bill may contain a state mandate under chapter 25B. 2 22 Political subdivisions will not have to comply with a mandate 2 23 contained in the bill unless an appropriation is made in 2 24 accordance with section 25B.2, subsection 3, fully or 2 25 proportionately funding the costs of complying with the bill. 2 26 LSB 2108HV 76 2 27 mk/jj/8
Text: HF00512 Text: HF00514 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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