Text: HF00600 Text: HF00602 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 709.8, Code 2001, is amended to read as 1 2 follows: 1 3 709.8 LASCIVIOUS ACTS WITH A CHILD. 1 4 It is unlawful for any person eighteen years of age or 1 5 older to perform any of the following acts with a child with 1 6 or without the child's consent unless the person and the child 1 7 are married to each other,for the purpose of arousing or1 8satisfying the sexual desires of either of themunless the 1 9 acts are related to parental responsibilities, or unless the 1 10 acts occur in the course of examination or treatment by a 1 11 person licensed pursuant to chapter 148, 148C, 150, 150A, 151, 1 12 or 152: 1 13 1. Fondleor touchthe pubes or genitals of a child. 1 14 2. Permit or cause a child to fondleor touchthe person's 1 15 genitals or pubes. 1 16 3. Solicit a child to engage in a sex act or solicit a 1 17 person to arrange a sex act with a child. 1 18 4. Inflict pain or discomfort upon a child or permit a 1 19 child to inflict pain or discomfort on the person. 1 20 Any person who violates a provision of this section shall, 1 21 upon conviction, be guilty of a class "D" felony. A person 1 22 who violates a provision of this section and who is sentenced 1 23 to a term of confinement shall also be sentenced to an 1 24 additional term of parole or work release not to exceed two 1 25 years. The board of parole shall determine whether the person 1 26 should be released on parole or placed in a work release 1 27 program. The sentence of an additional term of parole or work 1 28 release supervision shall commence immediately upon the 1 29 expiration of the preceding sentence and shall be under the 1 30 terms and conditions as set out in chapter 906. Violations of 1 31 parole or work release shall be subject to the procedures set 1 32 out in chapter 905 or 908 or rules adopted under those 1 33 chapters. The sentence of an additional term of parole or 1 34 work release shall be consecutive to the original term of 1 35 confinement. 2 1 Sec. 2. Section 709.12, Code 2001, is amended to read as 2 2 follows: 2 3 709.12 INDECENT CONTACT WITH A CHILD. 2 4 A person eighteen years of age or older is upon conviction 2 5 guilty of an aggravated misdemeanor if the person commits any 2 6 of the following acts with a child, not the person's spouse, 2 7 with or without the child's consent,for the purpose of2 8arousing or satisfying the sexual desires of either of them2 9 and the acts are not related to parental responsibilities or 2 10 are not performed in the course of examination or treatment by 2 11 a person licensed pursuant to chapter 148, 148C, 150, 150A, 2 12 151, or 152: 2 13 1. Fondleor touchthe inner thigh, groin, buttock, anus, 2 14 or breast of the child. 2 15 2.TouchFondle the clothing covering the immediate area 2 16 of the inner thigh, groin, buttock, anus, or breast of the 2 17 child. 2 18 3. Solicit or permit a child to fondleor touchthe inner 2 19 thigh, groin, buttock, anus, or breast of the person. 2 20 4. Solicit a child to engage in any act prohibited under 2 21 section 709.8, subsection 1, 2, or 4. 2 22 The provisions of this section shall also apply to a person 2 23 sixteen or seventeen years of age who commits any of the 2 24 enumerated acts with a child who is at least five years the 2 25 person's junior, in which case the juvenile court shall have 2 26 jurisdiction under chapter 232. 2 27 EXPLANATION 2 28 This bill relates to the criminal offenses of lascivious 2 29 acts with a child and indecent contact with a child. 2 30 The bill eliminates "arousing or satisfying sexual desires 2 31 of either party" as an element of both criminal offenses but 2 32 adds that a person does not commit indecent contact with a 2 33 child or lascivious acts, if the act is related to parental 2 34 responsibilities or occurs in the course of examination or 2 35 treatment by a person licensed pursuant to chapter 148, 148C, 3 1 150, 150A, 151, or 152. 3 2 Current law provides that to be convicted of the criminal 3 3 offense of lascivious acts with a child, the person must 3 4 perform or solicit an illegal act such as fondling or touching 3 5 the pubes or genitals of a child or inflict pain or discomfort 3 6 and do so with the purpose of arousing or satisfying the 3 7 sexual desires of either party. Lascivious acts with a child 3 8 is a class "D" felony. A class "D" felony is punishable by 3 9 confinement for no more than five years and a fine of at least 3 10 $750 but not more than $7,500. 3 11 Current law provides that to be convicted of the criminal 3 12 offense of indecent contact with a child, a person 18 years of 3 13 age or older must perform or solicit an illegal act with a 3 14 child such as fondling or touching the inner thigh, groin, 3 15 buttock, or breast, or touching the clothing covering the 3 16 immediate area of the inner thigh, groin, buttock, or breast, 3 17 for the purposes of arousing or satisfying the sexual desires 3 18 of either party. Indecent contact with a child is an 3 19 aggravated misdemeanor. An aggravated misdemeanor is 3 20 punishable by confinement for no more than two years and a 3 21 fine of at least $500 but not more than $5,000. 3 22 LSB 3045HH 79 3 23 jm/gg/8
Text: HF00600 Text: HF00602 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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