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House File 318

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 702.11, Code 1997, 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), or sexual 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 – PENALTY.
  1 15    1.  A law enforcement officer commits a class "D" felony
  1 16 when the officer sexually exploits a person who is the victim
  1 17 of, a suspect in, or a witness to a criminal act or other
  1 18 activity which the officer is investigating or to which the
  1 19 officer is responding.
  1 20    2.  For purposes of this section, "law enforcement officer"
  1 21 means a peace officer employed by the state or a political
  1 22 subdivision of the state.
  1 23    3.  For purposes of this section, "sexually exploits" means
  1 24 engaging in conduct that is for the purpose of arousing or
  1 25 satisfying the sexual desire of the law enforcement officer or
  1 26 other participant and includes but is not limited to kissing;
  1 27 touching of the clothed or unclothed inner thigh, breast,
  1 28 groin, buttock, anus, pubes, or genitals; or a sex act as
  1 29 defined in section 702.17.  
  1 30                           EXPLANATION
  1 31    This bill creates a class "D" felony offense of sexual
  1 32 exploitation by a law enforcement officer.  Sexual
  1 33 exploitation by a law enforcement officer is committed when
  1 34 the law enforcement officer engages in certain sexual conduct
  1 35 that is for the purpose of arousing or satisfying the sexual
  2  1 desire of the law enforcement officer or other participant.  A
  2  2 class "D" felony is punishable by imprisonment of not more
  2  3 than five years and a fine of at least $500 but not more than
  2  4 $7,500.  
  2  5 LSB 2274HH 77
  2  6 lh/jw/5
     

Text: HF00317                           Text: HF00319
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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