Text: HF00660 Text: HF00662 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 1 2 HOUSE FILE 661 1 3 1 4 AN ACT 1 5 RELATING TO THE OFFENSE OF SEXUAL ABUSE, PROVIDING RELATED 1 6 DEFINITIONS, AND APPLYING PENALTIES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 709.1, Code 1999, is amended to read as 1 11 follows: 1 12 709.1 SEXUAL ABUSE DEFINED. 1 13 Any sex act between persons is sexual abuse by either of 1 14 theparticipantspersons when the act is performed with the 1 15 otherparticipantperson in any of the following 1 16 circumstances: 1 17 1. The act is done by force or against the will of the 1 18 other. If the consent or acquiescence of the other is 1 19 procured by threats of violence toward any person or if the 1 20 act is done while the other is under the influence of a drug 1 21 inducing sleep or is otherwise in a state of unconsciousness, 1 22 the act is done against the will of the other. 1 23 2. Such otherparticipantperson is suffering from a 1 24 mental defect or incapacity which precludes giving consent, or 1 25 lacks the mental capacity to know the right and wrong of 1 26 conduct in sexual matters. 1 27 3. Such otherparticipantperson is a child. 1 28 Sec. 2. NEW SECTION. 709.1A INCAPACITATION. 1 29 As used in this chapter, "incapacitated" means a person is 1 30 disabled or deprived of ability, as follows: 1 31 1. "Mentally incapacitated" means that a person is 1 32 temporarily incapable of apprising or controlling the person's 1 33 own conduct due to the influence of a narcotic, anesthetic, or 1 34 intoxicating substance. 1 35 2. "Physically helpless" means that a person is unable to 2 1 communicate an unwillingness to act because the person is 2 2 unconscious, asleep, or is otherwise physically limited. 2 3 3. "Physically incapacitated" means that a person has a 2 4 bodily impairment or handicap that substantially limits the 2 5 person's ability to resist or flee. 2 6 Sec. 3. Section 709.3, Code 1999, is amended to read as 2 7 follows: 2 8 709.3 SEXUAL ABUSE IN THE SECOND DEGREE. 2 9 A person commits sexual abuse in the second degree when the 2 10 person commits sexual abuse under any of the following 2 11 circumstances: 2 12 1. During the commission of sexual abuse the person 2 13 displays in a threatening manner a dangerous weapon, or uses 2 14 or threatens to use force creating a substantial risk of death 2 15 or serious injury to any person. 2 16 2. The otherparticipantperson is under the age of 2 17 twelve. 2 18 3. The person is aided or abetted by one or more persons 2 19 and the sex act is committed by force or against the will of 2 20 the otherparticipantperson against whom the sex act is 2 21 committed. 2 22 Sexual abuse in the second degree is a class "B" felony. 2 23 Sec. 4. Section 709.4, Code 1999, is amended to read as 2 24 follows: 2 25 709.4 SEXUAL ABUSE IN THE THIRD DEGREE. 2 26 A person commits sexual abuse in the third degree when the 2 27 person performs a sex act under any of the following 2 28 circumstances: 2 29 1. The act is done by force or against the will of the 2 30 otherparticipantperson, whether or not the otherparticipant2 31 person is the person's spouse or is cohabiting with the 2 32 person. 2 33 2. The act is between persons who are not at the time 2 34 cohabiting as husband and wife and if any of the following are 2 35 true: 3 1 a. The otherparticipantperson is suffering from a mental 3 2 defect or incapacity which precludes giving consent. 3 3 b. The otherparticipantperson is twelve or thirteen 3 4 years of age. 3 5 c. The otherparticipantperson is fourteen or fifteen 3 6 years of age and any of the following are true: 3 7 (1) The person is a member of the same household as the 3 8 otherparticipantperson. 3 9 (2) The person is related to the otherparticipantperson 3 10 by blood or affinity to the fourth degree. 3 11 (3) The person is in a position of authority over the 3 12 otherparticipantperson and uses that authority to coerce the 3 13 otherparticipantperson to submit. 3 14 (4) The person isfivefour or more years older than the 3 15 otherparticipantperson. 3 16 3. The act is performed while the otherparticipantperson 3 17 is under the influence of a controlled substance, which may 3 18 include but is not limited to flunitrazepam, and all of the 3 19 following are true: 3 20a. The controlled substance, which may include but is not3 21limited to flunitrazepam, has been consumed by or administered3 22to the other participant without the other participant's3 23knowledge.3 24b.a. The controlled substance, which may include but is 3 25 not limited to flunitrazepam, prevents the otherparticipant3 26 person from consenting to the act. 3 27c.b. The person performing the act knows or reasonably 3 28 should have known that the otherparticipantperson was under 3 29 the influence of the controlled substance, which may include 3 30 but is not limited to flunitrazepam. 3 31 4. The act is performed while the other person is mentally 3 32 incapacitated, physically incapacitated, or physically 3 33 helpless. 3 34 Sexual abuse in the third degree is a class "C" felony. 3 35 Sec. 5. Section 709.5, Code 1999, is amended to read as 4 1 follows: 4 2 709.5 RESISTANCE TO SEXUAL ABUSE. 4 3 Under the provisions of this chapter it shall not be 4 4 necessary to establish physical resistance by aparticipant4 5 person in order to establish that an act of sexual abuse was 4 6 committed by force or against the will of theparticipant4 7 person. However, the circumstances surrounding the commission 4 8 of the act may be considered in determining whether or not the 4 9 act was done by force or against the will of the other. 4 10 4 11 4 12 4 13 RON J. CORBETT 4 14 Speaker of the House 4 15 4 16 4 17 4 18 MARY E. KRAMER 4 19 President of the Senate 4 20 4 21 I hereby certify that this bill originated in the House and 4 22 is known as House File 661, Seventy-eighth General Assembly. 4 23 4 24 4 25 4 26 ELIZABETH ISAACSON 4 27 Chief Clerk of the House 4 28 Approved , 1999 4 29 4 30 4 31 4 32 THOMAS J. VILSACK 4 33 Governor
Text: HF00660 Text: HF00662 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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