Text: SF00029 Text: SF00031 Text: SF00000 - SF00099 Text: SF 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),orsexual exploitation by a 1 10 counselor or therapist in violation of section 709.15, or 1 11 sexual exploitation by a law enforcement officer in violation 1 12 of section 709.15A is not a "forcible felony". 1 13 Sec. 2. NEW SECTION. 709.15A SEXUAL EXPLOITATION BY A 1 14 LAW ENFORCEMENT OFFICER &endash; PENALTY. 1 15 1. As used in this section: 1 16 a. "Law enforcement officer" means a peace officer 1 17 employed by the state or a political subdivision of the state. 1 18 b. "Sexual exploitation by a law enforcement officer" 1 19 occurs when any sexual conduct occurs between a law 1 20 enforcement officer and a victim for the purpose of arousing 1 21 or satisfying the sexual desires of the law enforcement 1 22 officer or victim, which includes but is not limited to the 1 23 following: kissing; touching of the clothed or unclothed 1 24 inner thigh, breast, groin, buttock, anus, pubes, or genitals; 1 25 or a sex act as defined in section 702.17. 1 26 c. "Victim" means a person who is the subject of an act 1 27 being investigated or responded to by a law enforcement of- 1 28 ficer as a crime. 1 29 2. A law enforcement officer who commits sexual exploi- 1 30 tation commits a class "D" felony. 1 31 EXPLANATION 1 32 This bill creates the offense of sexual exploitation by a 1 33 law enforcement officer and makes the offense a class "D" 1 34 felony. Sexual exploitation by a law enforcement officer is 1 35 committed when sexual conduct or a sex act occurs between the 2 1 victim of a criminal act and a law enforcement officer who is 2 2 responding to or investigating the criminal act. 2 3 LSB 1203SS 76 2 4 mk/jw/5
Text: SF00029 Text: SF00031 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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