Text: HF02116 Text: HF02118 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 709.2, Code 1997, is amended to read as 1 2 follows: 1 3 709.2 SEXUAL ABUSE IN THE FIRST DEGREE. 1 4 A person commits sexual abuse in the first degreewhen1 5 under any of the following circumstances: 1 6 1. When in the course of committing sexual abuse the 1 7 person causes another serious injury. 1 8 2. When the other participant is under the age of twelve 1 9 and the person committing sexual abuse has been previously 1 10 convicted of a violation of section 709.3 in which the other 1 11 participant was under the age of twelve. 1 12 Sexual abuse in the first degree is a class "A" felony. 1 13 Sec. 2. Section 709.3, subsection 2, Code 1997, is amended 1 14 to read as follows: 1 15 2. The other participant is under the age of twelve and 1 16 the person committing the sexual abuse has not been previously 1 17 convicted of a violation of this section in which the other 1 18 participant was under the age of twelve. 1 19 Sec. 3. Section 709.3, Code 1997, is amended by adding the 1 20 following new subsection: 1 21 NEW SUBSECTION. 2A. The other participant is twelve or 1 22 thirteen years of age and the person committing the sexual 1 23 abuse has been previously convicted of a violation of this 1 24 section in which the other participant was under the age of 1 25 twelve or of section 709.4 in which the other participant was 1 26 twelve or thirteen years of age. 1 27 Sec. 4. Section 709.4, subsection 2, paragraph b, Code 1 28 Supplement 1997, is amended to read as follows: 1 29 b. The other participant is twelve or thirteen years of 1 30 age and the person committing the sexual abuse has not been 1 31 previously convicted of a violation of this section in which 1 32 the other participant was twelve or thirteen years of age or a 1 33 violation of section 709.3 in which the other participant was 1 34 under the age of twelve. 1 35 EXPLANATION 2 1 This bill provides for the enhancement of penalties 2 2 applicable to persons who are recidivist sexual abusers of 2 3 children thirteen years of age or younger. 2 4 Sexual abuse in the third degree, involving the sexual 2 5 abuse of a minor aged 12 or 13, is amended to apply only to 2 6 those abusers of 12-year-old or 13-year-old children who do 2 7 not have a previous conviction for sexual abuse of a minor who 2 8 is 13 years of age or younger. If the person has a previous 2 9 conviction for sexual abuse of a minor aged 13 years of age or 2 10 younger, that second or subsequent offense involving a minor 2 11 aged 12 or 13 is sexual abuse in the second degree. If a 2 12 person commits sexual abuse involving a minor under the age of 2 13 12 and has not previously been convicted of sexual abuse 2 14 involving a minor under the age of 12, that offense remains as 2 15 sexual abuse in the second degree. Second or subsequent 2 16 violations involving sexual abuse of children under the age of 2 17 12 are made sexual abuse in the first degree. 2 18 Sexual abuse in the third degree is a class "C" felony. 2 19 Class "C" felonies are punishable by imprisonment for not more 2 20 than 10 years and a possible fine of at least $500 but not 2 21 more than $10,000. Sexual abuse in the second degree is a 2 22 class "B" felony. Class "B" felons are to be confined for not 2 23 more than 25 years. Sexual abuse in the first degree is a 2 24 class "A" felony. Class "A" felons are to be confined for 2 25 life. Felonious sexual abuse is a forcible felony. Persons 2 26 who are convicted of sexual abuse in the second degree must 2 27 serve at least 85 percent of any sentence imposed. Repeat 2 28 offenders under the sexual abuse chapter are subject to 2 29 penalty enhancements under chapter 901A. 2 30 LSB 3591YH 77 2 31 lh/sc/14
Text: HF02116 Text: HF02118 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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