Text: HSB00162                          Text: HSB00164
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 163

Bill Text

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 adult for the purpose of
  1  6 arousing or satisfying the sexual desires of the caretaker or
  1  7 dependent 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 establish physical any 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  3    1.  The person does so to arouse or satisfy the sexual
  2  4 desires of either party; and
  2  5    2.  The the 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 12 for the purpose of arousing or satisfying the sexual desires
  2 13 of 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 of
  2 20 arousing 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 disrobe for the purpose of arousing or satisfying
  2 27 the 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 33 client for the purpose of arousing or satisfying the sexual
  2 34 desires of the counselor or therapist or the emotionally
  2 35 dependent patient or client or emotionally dependent former
  3  1 patient or client, 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 the
  3  9 sexual desires of the counselor or therapist or the patient or
  3 10 client or former patient or client which 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 minor for the purpose of
  3 17 arousing or satisfying the sexual desires of a person who may
  3 18 view a depiction of the abuse.
  3 19    f.  Sadomasochistic abuse of a person by a minor for the
  3 20 purpose of arousing or satisfying the sexual desires of a
  3 21 person who may view a depiction of the abuse.
  3 22    g.  Nudity of a minor for the purpose of arousing or
  3 23 satisfying the sexual desires of a person who may view a
  3 24 depiction 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 to arouse or satisfy
  3 29 the sexual desires or appeal 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  1 for the purpose of arousing or satisfying the sexual desires
  4  2 of 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 minor for the purpose of arousing or satisfying the
  4  5 sexual desires of a person who may view a depiction of the
  4  6 act.
  4  7    e.  Sadomasochistic abuse of a minor for the purpose of
  4  8 arousing or satisfying the sexual desires of a person who may
  4  9 view a depiction of the abuse.
  4 10    f.  Sadomasochistic abuse of a person by a minor for the
  4 11 purpose of arousing or satisfying the sexual desires of a
  4 12 person who may view a depiction of the abuse.
  4 13    g.  Nudity of a minor for the purpose of arousing or
  4 14 satisfying the sexual desires of a person who may view a
  4 15 depiction 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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Last update: Fri Feb 19 03:32:02 CST 1999
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