House Journal: Page 939: Tuesday, March 30, 1999

 9   performed with the other participant person in any of

10   the following circumstances:
11     1.  The act is done by force or against the will of
12   the other.  If the consent or acquiescence of the
13   other is procured by threats of violence toward any
14   person or if the act is done while the other is under
15   the influence of a drug inducing sleep or is otherwise
16   in a state of unconsciousness, the act is done against
17   the will of the other.
18     2.  Such other participant person is suffering from
19   a mental defect or incapacity which precludes giving
20   consent, or lacks the mental capacity to know the
21   right and wrong of conduct in sexual matters.
22     3.  Such other participant person is a child."
23     2.  Page 1, by striking lines 14 through 35 and
24   inserting the following:
25     "Sec.     .  Section 709.3, Code 1999, is amended to
26   read as follows:
27     709.3  SEXUAL ABUSE IN THE SECOND DEGREE.
28     A person commits sexual abuse in the second degree
29   when the person commits sexual abuse under any of the
30   following circumstances:
31     1.  During the commission of sexual abuse the
32   person displays in a threatening manner a dangerous
33   weapon, or uses or threatens to use force creating a
34   substantial risk of death or serious injury to any
35   person.
36     2.  The other participant person is under the age
37   of twelve.
38     3.  The person is aided or abetted by one or more
39   persons and the sex act is committed by force or
40   against the will of the other participant person
41   against whom the sex act is committed.
42     Sexual abuse in the second degree is a class "B"
43   felony.
44     Sec.     .  Section 709.4, Code 1999, is amended to
45   read as follows:
46     709.4  SEXUAL ABUSE IN THE THIRD DEGREE.
47     A person commits sexual abuse in the third degree
48   when the person performs a sex act under any of the
49   following circumstances:
50     1.  The act is done by force or against the will of
Page 2  
 1   the other participant person, whether or not the other
 2   participant person is the person's spouse or is
 3   cohabiting with the person.
 4     2.  The act is between persons who are not at the
 5   time cohabiting as husband and wife and if any of the
 6   following are true:
 7     a.  The other participant person is suffering from

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