Text: HSB00120                          Text: HSB00122
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 121

Bill Text

PAG LIN
  1  1    Section 1.  Section 709.1, Code 1999, is amended to read as
  1  2 follows:
  1  3    709.1  SEXUAL ABUSE DEFINED.
  1  4    Any sex act between persons is sexual abuse by either of
  1  5 the participants of the victim when the act is performed with
  1  6 the other participant in under any of the following
  1  7 circumstances:
  1  8    1.  The act is done by force or against the will of the
  1  9 other victim.  If the consent or acquiescence of the other
  1 10 victim is procured by threats of violence toward any person or
  1 11 if the act is done while the other victim is under the
  1 12 influence of a drug inducing sleep or is otherwise in a state
  1 13 of unconsciousness, the act is done against the will of the
  1 14 other victim.
  1 15    2.  Such other participant The victim is suffering from a
  1 16 mental defect or incapacity which precludes giving consent, or
  1 17 lacks the mental capacity to know the right and wrong of
  1 18 conduct in sexual matters.
  1 19    3.  Such other participant The victim is a child.
  1 20    Sec. 2.  Section 709.3, subsections 2 and 3, Code 1999, are
  1 21 amended to read as follows:
  1 22    2.  The other participant victim is under the age of
  1 23 twelve.
  1 24    3.  The person is aided or abetted by one or more persons
  1 25 and the sex act is committed by force or against the will of
  1 26 the other participant victim.
  1 27    Sec. 3.  Section 709.4, Code 1999, is amended to read as
  1 28 follows:
  1 29    709.4  SEXUAL ABUSE IN THE THIRD DEGREE.
  1 30    A person commits sexual abuse in the third degree when the
  1 31 person performs a sex act under any of the following
  1 32 circumstances:
  1 33    1.  The act is done by force or against the will of the
  1 34 other participant victim, whether or not the other participant
  1 35 victim is the person's spouse or is cohabiting with the
  2  1 person.
  2  2    2.  The act is between persons who are not at the time
  2  3 cohabiting as husband and wife and if any of the following are
  2  4 true:
  2  5    a.  The other participant victim is suffering from a mental
  2  6 defect or incapacity which precludes giving consent.
  2  7    b.  The other participant victim is twelve or thirteen
  2  8 years of age.
  2  9    c.  The other participant victim is fourteen or fifteen
  2 10 years of age and any of the following are true:
  2 11    (1)  The person is a member of the same household as the
  2 12 other participant victim.
  2 13    (2)  The person is related to the other participant victim
  2 14 by blood or affinity to the fourth degree.
  2 15    (3)  The person is in a position of authority over the
  2 16 other participant victim and uses that authority to coerce the
  2 17 other participant victim to submit.
  2 18    (4)  The person is five or more years older than the other
  2 19 participant victim.
  2 20    3.  The act is performed while the other participant victim
  2 21 is under the influence of a controlled substance, which may
  2 22 include but is not limited to flunitrazepam, and all of the
  2 23 following are true:
  2 24    a.  The controlled substance, which may include but is not
  2 25 limited to flunitrazepam, has been consumed by or administered
  2 26 to the other participant victim without the other
  2 27 participant's victim's knowledge.
  2 28    b.  The controlled substance, which may include but is not
  2 29 limited to flunitrazepam, prevents the other participant
  2 30 victim from consenting to the act.
  2 31    c.  The person performing the act knows or reasonably
  2 32 should have known that the other participant victim was under
  2 33 the influence of the controlled substance, which may include
  2 34 but is not limited to flunitrazepam.
  2 35    Sexual abuse in the third degree is a class "C" felony.
  3  1    Sec. 4.  Section 709.5, Code 1999, is amended to read as
  3  2 follows:
  3  3    709.5  RESISTANCE TO SEXUAL ABUSE.
  3  4    Under the provisions of this chapter it shall not be
  3  5 necessary to establish physical resistance by a participant
  3  6 victim in order to establish that an act of sexual abuse was
  3  7 committed by force or against the will of the participant
  3  8 victim.  However, the circumstances surrounding the commission
  3  9 of the act may be considered in determining whether or not the
  3 10 act was done by force or against the will of the other victim.  
  3 11                           EXPLANATION
  3 12    This bill amends Code chapter 709 regarding sexual abuse.
  3 13    The bill substitutes the word "victim" for the phrase
  3 14 "other participant" and similar words.  
  3 15 LSB 2250HC 78
  3 16 jj/sc/14
     

Text: HSB00120                          Text: HSB00122
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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