Text: HSB00586 Text: HSB00588 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 709.15A SEXUAL EXPLOITATION BY A 1 2 PEACE OFFICER. 1 3 1. For purposes of this section, "person" means a person 1 4 who is under arrest, being investigated by a peace officer, or 1 5 is being served with a writ or other legal process by a peace 1 6 officer. 1 7 2. Sexual exploitation by a peace officer occurs when the 1 8 peace officer engages in any sexual contact with a person for 1 9 the purpose of arousing or satisfying the sexual desires of 1 10 the officer or the person. Sexual contact includes but is not 1 11 limited to a sex act as defined in section 702.17, kissing, or 1 12 touching of the clothed or unclothed inner thigh, breast, 1 13 groin, buttock, anus, pubes, or genitals. 1 14 3. Sexual exploitation by a peace officer does not include 1 15 any contact described in subsection 2 that occurs while the 1 16 peace officer is reasonably acting within the scope of 1 17 employment. 1 18 4. A peace officer commits an aggravated misdemeanor if 1 19 the officer commits sexual exploitation by performing a sex 1 20 act as defined in section 702.17 with a person, and a serious 1 21 misdemeanor for any other sexual exploitation as defined in 1 22 this section. 1 23 EXPLANATION 1 24 This bill establishes a new criminal offense of sexual 1 25 exploitation by a peace officer. 1 26 The bill provides that a peace officer shall not engage in 1 27 any sexual contact with a person who is under arrest, being 1 28 investigated by the officer, or who is being served with a 1 29 writ or other legal process, for the purpose of arousing or 1 30 satisfying the sexual desires of either of them. 1 31 The bill defines "sexual contact" to include but not be 1 32 limited to a sex act as defined in Code section 702.17, 1 33 kissing, or touching of the clothed or unclothed inner thigh, 1 34 breast, groin, buttock, anus, pubes, or genitals. 1 35 Under the bill a peace officer does not commit sexual 2 1 exploitation if the contact occurred while reasonably acting 2 2 within the scope of employment. 2 3 The bill provides that a peace officer commits an 2 4 aggravated misdemeanor if the officer commits a sex act as 2 5 defined in Code section 702.17 with the person and a serious 2 6 misdemeanor for any other violation of this section. 2 7 A serious misdemeanor is punishable by confinement for no 2 8 more than one year and a fine of at least $250 but not more 2 9 than $1,500. An aggravated misdemeanor is punishable by 2 10 confinement for no more than two years and a fine of at least 2 11 $500 but not more than $5,000. 2 12 LSB 5107HC 79 2 13 jm/cls/14
Text: HSB00586 Text: HSB00588 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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