Text: HSB00162 Text: HSB00164 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 235B.2, subsection 5, paragraph a, 1 2 subparagraph (3), unnumbered paragraph 2, Code 1999, is 1 3 amended to read as follows: 1 4 "Sexual exploitation" means any consensual or nonconsensual 1 5 sexual conduct with a dependent adultfor the purpose of1 6arousing or satisfying the sexual desires of the caretaker or1 7dependent adult,which includes but is not limited to kissing; 1 8 touching of the clothed or unclothed inner thigh, breast, 1 9 groin, buttock, anus, pubes, or genitals; or a sex act, as 1 10 defined in section 702.17. Sexual exploitation does not 1 11 include touching which is part of a necessary examination, 1 12 treatment, or care by a caretaker acting within the scope of 1 13 the practice or employment of the caretaker; the exchange of a 1 14 brief touch or hug between the dependent adult and a caretaker 1 15 for the purpose of reassurance, comfort, or casual friendship; 1 16 or touching between spouses. 1 17 Sec. 2. Section 709.5, Code 1999, is amended to read as 1 18 follows: 1 19 709.5 RESISTANCE TO SEXUAL ABUSE. 1 20 Under the provisions of this chapter it shall not be 1 21 necessary to establishphysicalany of the following: 1 22 1. Physical resistance by a participant, in order to 1 23 establish that an act of sexual abuse was committed by force 1 24 or against the will of the participant. However, the 1 25 circumstances surrounding the commission of the act may be 1 26 considered in determining whether or not the act was done by 1 27 force or against the will of the other. 1 28 2. Sexual gratification as an intended objective of the 1 29 offender, in order to establish that an act or acts constitute 1 30 sexual contact or sexual abuse. 1 31 Sec. 3. Section 709.9, Code 1999, is amended to read as 1 32 follows: 1 33 709.9 INDECENT EXPOSURE. 1 34 A person who exposes the person's genitals or pubes to 1 35 another not the person's spouse, or who commits a sex act in 2 1 the presence of or view of a third person, commits a serious 2 2 misdemeanor, if:2 31. The person does so to arouse or satisfy the sexual2 4desires of either party; and2 52. Thethe person knows or reasonably should know that the 2 6 act is offensive to the viewer. 2 7 Sec. 4. Section 709.8, unnumbered paragraph 1, Code 1999, 2 8 is amended to read as follows: 2 9 It is unlawful for any person eighteen years of age or 2 10 older to perform any of the following acts with a child with 2 11 or without the child's consent unless married to each other,2 12for the purpose of arousing or satisfying the sexual desires2 13of either of them: 2 14 Sec. 5. Section 709.12, unnumbered paragraph 1, Code 1999, 2 15 is amended to read as follows: 2 16 A person eighteen years of age or older is upon conviction 2 17 guilty of an aggravated misdemeanor if the person commits any 2 18 of the following acts with a child, not the person's spouse, 2 19 with or without the child's consent, for the purpose of2 20arousing or satisfying the sexual desires of either of them: 2 21 Sec. 6. Section 709.14, unnumbered paragraph 1, Code 1999, 2 22 is amended to read as follows: 2 23 It is unlawful for a person over eighteen years of age who 2 24 is in a position of authority over a minor to force, persuade, 2 25 or coerce a minor, with or without consent, to disrobe or 2 26 partially disrobefor the purpose of arousing or satisfying2 27the sexual desires of either of them. 2 28 Sec. 7. Section 709.15, subsection 1, paragraph f, 2 29 subparagraphs (2) and (3), Code 1999, are amended to read as 2 30 follows: 2 31 (2) Any sexual conduct, with an emotionally dependent 2 32 patient or client or emotionally dependent former patient or 2 33client for the purpose of arousing or satisfying the sexual2 34desires of the counselor or therapist or the emotionally2 35dependent patient or client or emotionally dependent former3 1patient orclient, which includes but is not limited to the 3 2 following: kissing; touching of the clothed or unclothed 3 3 inner thigh, breast, groin, buttock, anus, pubes, or genitals; 3 4 or a sex act as defined in section 702.17. 3 5 (3) Any sexual conduct with a patient or client or former 3 6 patient or client within one year of the termination of the 3 7 provision of mental health services by the counselor or 3 8 therapist,for the purpose of arousing or satisfying the3 9sexual desires of the counselor or therapist or the patient or3 10client or former patient or clientwhich includes but is not 3 11 limited to the following: kissing; touching of the clothed or 3 12 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 3 13 genitals; or a sex act as defined in section 702.17. 3 14 Sec. 8. Section 728.1, subsection 7, paragraphs e, f, and 3 15 g, Code 1999, are amended to read as follows: 3 16 e. Sadomasochistic abuse of a minorfor the purpose of3 17arousing or satisfying the sexual desires of a person who may3 18view a depiction of the abuse. 3 19 f. Sadomasochistic abuse of a person by a minorfor the3 20purpose of arousing or satisfying the sexual desires of a3 21person who may view a depiction of the abuse. 3 22 g. Nudity of a minorfor the purpose of arousing or3 23satisfying the sexual desires of a person who may view a3 24depiction of the nude minor. 3 25 Sec. 9. Section 728.5, subsection 6, unnumbered paragraph 3 26 1, Code 1999, is amended to read as follows: 3 27 If such person allows or permits a minor to engage in or 3 28 otherwise perform in a live act intended toarouse or satisfy3 29the sexual desires orappeal to the prurient interests of 3 30 patrons. However, if such person allows or permits a minor to 3 31 participate in any act included in subsections 1 through 4, 3 32 the person shall be guilty of an aggravated misdemeanor. 3 33 Sec. 10. Section 728.14, subsection 1, paragraphs c, d, e, 3 34 f, and g, Code 1999, are amended to read as follows: 3 35 c. Fondling or touching the pubes or genitals of a minor 4 1for the purpose of arousing or satisfying the sexual desires4 2of a person who may view a depiction of the act. 4 3 d. Fondling or touching the pubes or genitals of a person 4 4 by a minorfor the purpose of arousing or satisfying the4 5sexual desires of a person who may view a depiction of the4 6act. 4 7 e. Sadomasochistic abuse of a minorfor the purpose of4 8arousing or satisfying the sexual desires of a person who may4 9view a depiction of the abuse. 4 10 f. Sadomasochistic abuse of a person by a minorfor the4 11purpose of arousing or satisfying the sexual desires of a4 12person who may view a depiction of the abuse. 4 13 g. Nudity of a minorfor the purpose of arousing or4 14satisfying the sexual desires of a person who may view a4 15depiction of the nude minor. 4 16 EXPLANATION 4 17 This bill amends Code section 709.5 to provide that, in 4 18 actions under Code chapter 709, the prosecutor does not have 4 19 to prove that the offender intended to obtain sexual 4 20 gratification in order to establish that the act or acts 4 21 constitute sexual contact or sexual abuse. 4 22 Related changes are made to Code sections 709.9, 709.12, 4 23 709.14, and 709.15 to remove references to intended sexual 4 24 gratification as an element of certain offenses contained in 4 25 those sections. 4 26 LSB 2249HC 78 4 27 jj/cf/24
Text: HSB00162 Text: HSB00164 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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