Text: HSB00133                          Text: HSB00135
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 134

Bill Text

PAG LIN
  1  1    Section 1.  Section 709.4, subsection 3, Code 1999, is
  1  2 amended to read as follows:
  1  3    3.  The act is performed while the other participant is
  1  4 under the influence of a controlled substance, which may
  1  5 include but is not limited to flunitrazepam, and all of the
  1  6 following are true:
  1  7    a.  The controlled substance, which may include but is not
  1  8 limited to flunitrazepam, has been consumed by or administered
  1  9 to the other participant without the other participant's
  1 10 knowledge.
  1 11    b. a.  The controlled substance, which may include but is
  1 12 not limited to flunitrazepam, prevents the other participant
  1 13 from consenting to the act.
  1 14    c. b.  The person performing the act knows or reasonably
  1 15 should have known that the other participant was under the
  1 16 influence of the controlled substance, which may include but
  1 17 is not limited to flunitrazepam.  
  1 18                           EXPLANATION 
  1 19    This bill amends Code section 709.4, subsection 3, to
  1 20 delete the requirement that the controlled substance,
  1 21 including but not limited to flunitrazepam, was consumed
  1 22 without the participant's knowledge, in order for the
  1 23 perpetrator to be guilty of sexual assault in the third
  1 24 degree.
  1 25    Sexual assault in the third degree is a class "C" felony.
  1 26 A class "C" felony is punishable by confinement for no more
  1 27 than 10 years and a fine of at least $500 but not more than
  1 28 $10,000.  
  1 29 LSB 2247HC 78
  1 30 jj/cf/24
     
Text: HSB00133                          Text: HSB00135
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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