Text: HSB00132                          Text: HSB00134
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 133

Bill Text

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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