Text: H01240 Text: H01242 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 661 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 709.1, Code 1999, is amended 1 5 to read as follows: 1 6 709.1 SEXUAL ABUSE DEFINED. 1 7 Any sex act between persons is sexual abuse by 1 8 either of theparticipantspersons when the act is 1 9 performed with the otherparticipantperson in any of 1 10 the following circumstances: 1 11 1. The act is done by force or against the will of 1 12 the other. If the consent or acquiescence of the 1 13 other is procured by threats of violence toward any 1 14 person or if the act is done while the other is under 1 15 the influence of a drug inducing sleep or is otherwise 1 16 in a state of unconsciousness, the act is done against 1 17 the will of the other. 1 18 2. Such otherparticipantperson is suffering from 1 19 a mental defect or incapacity which precludes giving 1 20 consent, or lacks the mental capacity to know the 1 21 right and wrong of conduct in sexual matters. 1 22 3. Such otherparticipantperson is a child." 1 23 #2. Page 1, by striking lines 14 through 35 and 1 24 inserting the following: 1 25 "Sec. . Section 709.3, Code 1999, is amended to 1 26 read as follows: 1 27 709.3 SEXUAL ABUSE IN THE SECOND DEGREE. 1 28 A person commits sexual abuse in the second degree 1 29 when the person commits sexual abuse under any of the 1 30 following circumstances: 1 31 1. During the commission of sexual abuse the 1 32 person displays in a threatening manner a dangerous 1 33 weapon, or uses or threatens to use force creating a 1 34 substantial risk of death or serious injury to any 1 35 person. 1 36 2. The otherparticipantperson is under the age 1 37 of twelve. 1 38 3. The person is aided or abetted by one or more 1 39 persons and the sex act is committed by force or 1 40 against the will of the otherparticipantperson 1 41 against whom the sex act is committed. 1 42 Sexual abuse in the second degree is a class "B" 1 43 felony. 1 44 Sec. . Section 709.4, Code 1999, is amended to 1 45 read as follows: 1 46 709.4 SEXUAL ABUSE IN THE THIRD DEGREE. 1 47 A person commits sexual abuse in the third degree 1 48 when the person performs a sex act under any of the 1 49 following circumstances: 1 50 1. The act is done by force or against the will of 2 1 the otherparticipantperson, whether or not the other 2 2participantperson is the person's spouse or is 2 3 cohabiting with the person. 2 4 2. The act is between persons who are not at the 2 5 time cohabiting as husband and wife and if any of the 2 6 following are true: 2 7 a. The otherparticipantperson is suffering from 2 8 a mental defect or incapacity which precludes giving 2 9 consent. 2 10 b. The otherparticipantperson is twelve or 2 11 thirteen years of age. 2 12 c. The otherparticipantperson is fourteen or 2 13 fifteen years of age and any of the following are 2 14 true: 2 15 (1) The person is a member of the same household 2 16 as the otherparticipantperson. 2 17 (2) The person is related to the otherparticipant2 18 person by blood or affinity to the fourth degree. 2 19 (3) The person is in a position of authority over 2 20 the otherparticipantperson and uses that authority 2 21 to coerce the otherparticipantperson to submit. 2 22 (4) The person is five or more years older than 2 23 the otherparticipantperson. 2 24 3. The act is performed while the other 2 25participantperson is under the influence of a 2 26 controlled substance, which may include but is not 2 27 limited to flunitrazepam, and all of the following are 2 28 true: 2 29a. The controlled substance, which may include but2 30is not limited to flunitrazepam, has been consumed by2 31or administered to the other participant without the2 32other participant's knowledge.2 33b.a. The controlled substance, which may include 2 34 but is not limited to flunitrazepam, prevents the 2 35 otherparticipantperson from consenting to the act. 2 36c.b. The person performing the act knows or 2 37 reasonably should have known that the other 2 38participantperson was under the influence of the 2 39 controlled substance, which may include but is not 2 40 limited to flunitrazepam. 2 41 4. The act is performed while the other person is 2 42 mentally incapacitated, physically incapacitated, or 2 43 physically helpless. 2 44 Sexual abuse in the third degree is a class "C" 2 45 felony. 2 46 Sec. . Section 709.5, Code 1999, is amended to 2 47 read as follows: 2 48 709.5 RESISTANCE TO SEXUAL ABUSE. 2 49 Under the provisions of this chapter it shall not 2 50 be necessary to establish physical resistance by a 3 1participantperson in order to establish that an act 3 2 of sexual abuse was committed by force or against the 3 3 will of theparticipantperson. However, the 3 4 circumstances surrounding the commission of the act 3 5 may be considered in determining whether or not the 3 6 act was done by force or against the will of the 3 7 other." 3 8 #3. Title page, lines 1 and 2, by striking the 3 9 words "in the third degree". 3 10 #4. By renumbering as necessary. 3 11 3 12 3 13 3 14 DAVIS of Wapello 3 15 HF 661.301 78 3 16 jj/cf
Text: H01240 Text: H01242 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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