House Journal: Page 940: Tuesday, March 30, 1999

 8   a mental defect or incapacity which precludes giving

 9   consent.
10     b.  The other participant person is twelve or
11   thirteen years of age.
12     c.  The other participant person is fourteen or
13   fifteen years of age and any of the following are
14   true:
15     (1)  The person is a member of the same household
16   as the other participant person.
17     (2)  The person is related to the other participant
18   person by blood or affinity to the fourth degree.
19     (3)  The person is in a position of authority over
20   the other participant person and uses that authority
21   to coerce the other participant person to submit.
22     (4)  The person is five or more years older than
23   the other participant person.
24     3.  The act is performed while the other
25   participant person is under the influence of a
26   controlled substance, which may include but is not
27   limited to flunitrazepam, and all of the following are
28   true:
29     a.  The controlled substance, which may 
include but
30   is not limited to flunitrazepam, has been 
consumed by
31   or administered to the other participant 
without the
32   other participant's knowledge.
33     b. a.  The controlled substance, which may include
34   but is not limited to flunitrazepam, prevents the
35   other participant person from consenting to the act.
36     c. b.  The person performing the act knows or
37   reasonably should have known that the other
38   participant person was under the influence of the
39   controlled substance, which may include but is not
40   limited to flunitrazepam.
41     4.  The act is performed while the other person is
42   mentally incapacitated, physically incapacitated, or
43   physically helpless.
44     Sexual abuse in the third degree is a class "C"
45   felony.
46     Sec.     .  Section 709.5, Code 1999, is amended to
47   read as follows:
48     709.5  RESISTANCE TO SEXUAL ABUSE.
49     Under the provisions of this chapter it shall not
50   be necessary to establish physical resistance by a
Page 3
 1   participant person in order to establish that an act
 2   of sexual abuse was committed by force or against the
 3   will of the participant person.  However, the
 4   circumstances surrounding the commission of the act
 5   may be considered in determining whether or not the
 6   act was done by force or against the will of the

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