Text: HSB00132 Text: HSB00134 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.1A INCAPACITATION.
1 2 As used in this chapter, "incapacitated" means a person is
1 3 disabled or deprived of ability, as follows:
1 4 1. "Mentally incapacitated" means that a person is
1 5 temporarily incapable of apprising or controlling the person's
1 6 own conduct due to the influence of a narcotic, anesthetic, or
1 7 intoxicating substance.
1 8 2. "Physically helpless" means that a person is unable to
1 9 communicate an unwillingness to act because the person is
1 10 unconscious, asleep, or is otherwise physically limited.
1 11 3. "Physically incapacitated" means that a person has a
1 12 bodily impairment or handicap that substantially limits the
1 13 person's ability to resist or flee.
1 14 Sec. 2. Section 709.4, Code 1999, is amended by adding the
1 15 following new subsection:
1 16 NEW SUBSECTION. 4. The act is performed while the other
1 17 participant is mentally incapacitated, physically
1 18 incapacitated, or physically helpless.
1 19 EXPLANATION
1 20 This bill amends section 709.4, regarding sexual abuse in
1 21 the third degree, to provide that a sex act performed while
1 22 the victim is mentally or physically incapacitated or helpless
1 23 to resist will also constitute criminal sexual abuse. Sexual
1 24 abuse in the third degree is a class "C" felony, punishable by
1 25 up to 10 years in prison, and a fine of not less than $500 or
1 26 more than $10,000.
1 27 A related definitional Code section is added to Code
1 28 chapter 709, regarding incapacitation. Definitions are
1 29 provided within the new Code section for "mentally
1 30 incapacitated", "physically incapacitated", and "physically
1 31 helpless".
1 32 LSB 2246HC 78
1 33 jj/sc/14
Text: HSB00132 Text: HSB00134 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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