Text: HSB00648 Text: HSB00650 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 709.15, Code 2001, is amended to read 1 2 as follows: 1 3 709.15 SEXUAL EXPLOITATION BY A COUNSELOR,ORTHERAPIST, 1 4 PEACE OFFICER, OR SCHOOL EMPLOYEE. 1 5 1. As used in this section: 1 6 a. "Counselor or therapist" means a physician, 1 7 psychologist, nurse, professional counselor, social worker, 1 8 marriage or family therapist, alcohol or drug counselor, 1 9 member of the clergy, or any other person, whether or not 1 10 licensed or registered by the state, who provides or purports 1 11 to provide mental health services. 1 12 b. "Emotionally dependent" means that the nature of the 1 13 patient's or client's or former patient's or client's 1 14 emotional condition or the nature of the treatment provided by 1 15 the counselor or therapist is such that the counselor or 1 16 therapist knows or has reason to know that the patient or 1 17 client or former patient or client is significantly impaired 1 18 in the ability to withhold consent to sexual conduct, as 1 19 described inparagraph "f"subsection 2, by the counselor or 1 20 therapist. 1 21 For the purposes ofparagraph "f"subsection 2, a former 1 22 patient or client is presumed to be emotionally dependent for 1 23 one year following the termination of the provision of mental 1 24 health services. 1 25 c. "Former patient or client" means a person who received 1 26 mental health services from the counselor or therapist. 1 27 d. "Mental health service" means the treatment, 1 28 assessment, or counseling of another person for a cognitive, 1 29 behavioral, emotional, mental, or social dysfunction, 1 30 including an intrapersonal or interpersonal dysfunction. 1 31 e. "Patient or client" means a person who receives mental 1 32 health services from the counselor or therapist. 1 33 f. Person detained means a person who is under arrest, 1 34 being investigated by a peace officer, or is being served with 1 35 a writ or other legal process by a peace officer. 2 1 g. "School employee" means a teacher, employee, contract 2 2 employee, coach, or assistant coach who is teaching or 2 3 coaching at, or working for, a public or nonpublic school or 2 4 area education agency. 2 5 h. "Student" means a person who is currently enrolled at a 2 6 public or nonpublic secondary school, or who was a student 2 7 enrolled at a public or nonpublic secondary school within 2 8 thirty days of any violation of subsection 4. 2 9f.2."Sexual exploitation by a counselor or therapist"2 10 occurs when any of the following are found: 2 11(1)a. A pattern or practice or scheme of conduct to 2 12 engage in any of the conduct described insubparagraph (2) or2 13(3)paragraph "b" or "c". 2 14(2)b. Any sexual conduct, with an emotionally dependent 2 15 patient or client or emotionally dependent former patient or 2 16 client for the purpose of arousing or satisfying the sexual 2 17 desires of the counselor or therapist or the emotionally 2 18 dependent patient or client or emotionally dependent former 2 19 patient or client, which includes but is not limited to the 2 20 following: kissing; touching of the clothed or unclothed 2 21 inner thigh, breast, groin, buttock, anus, pubes, or genitals; 2 22 or a sex act as defined in section 702.17. 2 23(3)c. Any sexual conduct with a patient or client or 2 24 former patient or client within one year of the termination of 2 25 the provision of mental health services by the counselor or 2 26 therapist for the purpose of arousing or satisfying the sexual 2 27 desires of the counselor or therapist or the patient or client 2 28 or former patient or client which includes but is not limited 2 29 to the following: kissing; touching of the clothed or 2 30 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 2 31 genitals; or a sex act as defined in section 702.17. 2 32"Sexual exploitation by a counselor or therapist"does not 2 33 include touching which is part of a necessary examination or 2 34 treatment provided a patient or client by a counselor or 2 35 therapist acting within the scope of the practice or 3 1 employment in which the counselor or therapist is engaged. 3 2 3. Sexual exploitation by a peace officer occurs when any 3 3 of the following are found: 3 4 a. A pattern or practice or scheme of conduct to engage in 3 5 any of the conduct described in paragraph "b". 3 6 b. Any sexual conduct with a person detained for the 3 7 purpose of arousing or satisfying the sexual desires of the 3 8 officer or the person detained. Sexual conduct includes but 3 9 is not limited to the following: kissing; touching of the 3 10 clothed or unclothed inner thigh, breast, groin, buttock, 3 11 anus, pubes, or genitals; or a sex act as defined in section 3 12 702.17. 3 13 Sexual exploitation by a peace officer does not include 3 14 touching which is necessary in the performance of the 3 15 officer's duties while acting within the scope of employment. 3 16 4. Sexual exploitation by a school employee occurs when 3 17 any of the following are found: 3 18 a. A pattern or practice or scheme of conduct to engage in 3 19 any of the conduct described in paragraph "b". 3 20 b. Any sexual conduct with a student for the purpose of 3 21 arousing or satisfying the sexual desires of the school 3 22 employee or the student. Sexual conduct includes but is not 3 23 limited to the following: kissing; touching of the clothed or 3 24 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 3 25 genitals; or a sex act as defined in section 702.17. 3 26 Sexual exploitation by a school employee does not include 3 27 touching which is necessary in the performance of the school 3 28 employee's duties while acting within the scope of employment. 3 292.5. a. A counselor or therapist who commits sexual 3 30 exploitation in violation of subsection12, paragraph"f"3 31 "a",subparagraph (1),commits a class "D" felony. 3 323.b. A counselor or therapist who commits sexual 3 33 exploitation in violation of subsection12, paragraph"f"3 34 "b",subparagraph (2),commits an aggravated misdemeanor. 3 354.c. A counselor or therapist who commits sexual 4 1 exploitation in violation of subsection12, paragraph"f"4 2 "c",subparagraph (3),commits a serious misdemeanor. In lieu 4 3 of the sentence provided for under section 903.1, subsection 4 4 1, paragraph "b", the offender may be required to attend a 4 5 sexual abuser treatment program. 4 6 6. a. A peace officer who commits sexual exploitation in 4 7 violation of subsection 3, paragraph "a", commits a class "D" 4 8 felony. 4 9 b. A peace officer who commits sexual exploitation in 4 10 violation of subsection 3, paragraph "b", commits an 4 11 aggravated misdemeanor. 4 12 7. a. A school employee who commits sexual exploitation 4 13 in violation of subsection 4, paragraph "a", commits a class 4 14 "D" felony. 4 15 b. A school employee who commits sexual exploitation in 4 16 violation of subsection 4, paragraph "b", commits an 4 17 aggravated misdemeanor. 4 18 EXPLANATION 4 19 This bill creates a criminal offense of sexual exploitation 4 20 by a peace officer or school employee. 4 21 The bill provides that a peace officer shall not engage in 4 22 any sexual conduct with a person who is under arrest, being 4 23 investigated by the officer, or who is being served with a 4 24 writ or other legal process, for the purpose of arousing or 4 25 satisfying the sexual desires of either of them. 4 26 The bill provides that a school employee shall not engage 4 27 in any sexual conduct with a student who is enrolled at a 4 28 public or nonpublic secondary school, or who was enrolled at a 4 29 public or nonpublic secondary school within 30 days of any 4 30 violation of this bill, for the purpose of arousing the sexual 4 31 desires of either of them. The bill defines "school employee" 4 32 to mean a teacher, employee, contract employee, coach, or 4 33 assistant coach who is teaching or coaching at, or working 4 34 for, a public or nonpublic school or area education agency. 4 35 The bill defines "sexual conduct" to include but is not 5 1 limited to the following: kissing; touching of the clothed or 5 2 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 5 3 genitals; or a sex act as defined in Code section 702.17. 5 4 Sexual exploitation by a peace officer or a school employee 5 5 does not include touching which is necessary in the 5 6 performance of the officer's or school employee's duties while 5 7 acting within the scope of employment. 5 8 The bill provides that a peace officer or a school employee 5 9 commits a class "D" felony if the officer or employee engages 5 10 in a pattern or practice or scheme of conduct to engage in any 5 11 sexual conduct with a prohibited person under the bill. 5 12 The bill provides that a peace officer or a school employee 5 13 commits an aggravated misdemeanor if the officer or employee 5 14 engages in sexual conduct with a prohibited person under the 5 15 bill. 5 16 A class "D" felony is punishable by confinement for no more 5 17 than five years and a fine of at least $750 but not more than 5 18 $7,500. An aggravated misdemeanor is punishable by 5 19 confinement for no more than two years and a fine of at least 5 20 $500 but not more than $5,000. 5 21 LSB 6681HC 79 5 22 jm/pj/5
Text: HSB00648 Text: HSB00650 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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