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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