Text: SF00043 Text: SF00045 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 614.1, subsection 12, Code 2003, is 1 2 amended to read as follows: 1 3 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A COUNSELOR,OR1 4 THERAPIST, OR SCHOOL EMPLOYEE. An action for damages for 1 5 injury suffered as a result of sexual abuse, as defined in 1 6 section 709.1, by a counselor,ortherapist, or school 1 7 employee, as defined in section 709.15, or as a result of 1 8 sexual exploitation by a counselor,ortherapist, or school 1 9 employee shall be brought within five years of the date the 1 10 victim was last treated by the counselor or therapist, or 1 11 within five years of the date the victim was last enrolled in 1 12 the school. 1 13 Sec. 2. Section 692A.1, subsection 10, Code 2003, is 1 14 amended to read as follows: 1 15 10. "Sexual exploitation" means sexual exploitation by a 1 16 counselor,ortherapist, or school employee under section 1 17 709.15. 1 18 Sec. 3. Section 702.11, subsection 2, paragraph d, Code 1 19 2003, is amended to read as follows: 1 20 d. Sexual exploitation by a counselor,ortherapist, or 1 21 school employee in violation of section 709.15. 1 22 Sec. 4. Section 709.15, Code 2003, is amended to read as 1 23 follows: 1 24 709.15 SEXUAL EXPLOITATION BY A COUNSELOR,ORTHERAPIST, 1 25 OR SCHOOL EMPLOYEE. 1 26 1. As used in this section: 1 27 a. "Counselor or therapist" means a physician, 1 28 psychologist, nurse, professional counselor, social worker, 1 29 marriage or family therapist, alcohol or drug counselor, 1 30 member of the clergy, or any other person, whether or not 1 31 licensed or registered by the state, who provides or purports 1 32 to provide mental health services. 1 33 b. "Emotionally dependent" means that the nature of the 1 34 patient's or client's or former patient's or client's 1 35 emotional condition or the nature of the treatment provided by 2 1 the counselor or therapist is such that the counselor or 2 2 therapist knows or has reason to know that the patient or 2 3 client or former patient or client is significantly impaired 2 4 in the ability to withhold consent to sexual conduct, as 2 5 described inparagraph "f"subsection 2, by the counselor or 2 6 therapist. 2 7 For the purposes ofparagraph "f"subsection 2, a former 2 8 patient or client is presumed to be emotionally dependent for 2 9 one year following the termination of the provision of mental 2 10 health services. 2 11 c. "Former patient or client" means a person who received 2 12 mental health services from the counselor or therapist. 2 13 d. "Mental health service" means the treatment, 2 14 assessment, or counseling of another person for a cognitive, 2 15 behavioral, emotional, mental, or social dysfunction, 2 16 including an intrapersonal or interpersonal dysfunction. 2 17 e. "Patient or client" means a person who receives mental 2 18 health services from the counselor or therapist. 2 19 f. "School employee" means a teacher, employee, contract 2 20 employee, coach, or assistant coach who is teaching or 2 21 coaching at, or working for, a public or nonpublic secondary 2 22 school or area education agency. 2 23 g. "Student" means a person who is currently enrolled at a 2 24 public or nonpublic secondary school, or who was a student 2 25 enrolled at a public or nonpublic secondary school within 2 26 thirty days of any violation of subsection 3. 2 27f.2."Sexual exploitation by a counselor or therapist"2 28 occurs when any of the following are found: 2 29(1)a. A pattern or practice or scheme of conduct to 2 30 engage in any of the conduct described insubparagraph (2) or2 31(3)paragraph "b" or "c". 2 32(2)b. Any sexual conduct, with an emotionally dependent 2 33 patient or client or emotionally dependent former patient or 2 34 client for the purpose of arousing or satisfying the sexual 2 35 desires of the counselor or therapist or the emotionally 3 1 dependent patient or client or emotionally dependent former 3 2 patient or client, which includes but is not limited to the 3 3 following: kissing; touching of the clothed or unclothed 3 4 inner thigh, breast, groin, buttock, anus, pubes, or genitals; 3 5 or a sex act as defined in section 702.17. 3 6(3)c. Any sexual conduct with a patient or client or 3 7 former patient or client within one year of the termination of 3 8 the provision of mental health services by the counselor or 3 9 therapist for the purpose of arousing or satisfying the sexual 3 10 desires of the counselor or therapist or the patient or client 3 11 or former patient or client which includes but is not limited 3 12 to the following: kissing; touching of the clothed or 3 13 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 3 14 genitals; or a sex act as defined in section 702.17. 3 15"Sexual exploitation by a counselor or therapist"does not 3 16 include touching which is part of a necessary examination or 3 17 treatment provided a patient or client by a counselor or 3 18 therapist acting within the scope of the practice or 3 19 employment in which the counselor or therapist is engaged. 3 20 3. Sexual exploitation by a school employee occurs when 3 21 any of the following are found: 3 22 a. A pattern or practice or scheme of conduct to engage in 3 23 any of the conduct described in paragraph "b". 3 24 b. Any sexual conduct with a student for the purpose of 3 25 arousing or satisfying the sexual desires of the school 3 26 employee or the student. Sexual conduct includes but is not 3 27 limited to the following: kissing; touching of the clothed or 3 28 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 3 29 genitals; or a sex act as defined in section 702.17. 3 30 Sexual exploitation by a school employee does not include 3 31 touching which is necessary in the performance of the school 3 32 employee's duties while acting within the scope of employment. 3 332.4. a. A counselor or therapist who commits sexual 3 34 exploitation in violation of subsection12, paragraph"f"3 35 "a",subparagraph (1),commits a class "D" felony. 4 13.b. A counselor or therapist who commits sexual 4 2 exploitation in violation of subsection12, paragraph"f"4 3 "b",subparagraph (2),commits an aggravated misdemeanor. 4 44.c. A counselor or therapist who commits sexual 4 5 exploitation in violation of subsection12, paragraph"f"4 6 "c",subparagraph (3),commits a serious misdemeanor. In lieu 4 7 of the sentence provided for under section 903.1, subsection 4 8 1, paragraph "b", the offender may be required to attend a 4 9 sexual abuser treatment program. 4 10 5. a. A school employee who commits sexual exploitation 4 11 in violation of subsection 3, paragraph "a", commits a class 4 12 "D" felony. 4 13 b. A school employee who commits sexual exploitation in 4 14 violation of subsection 3, paragraph "b", commits an 4 15 aggravated misdemeanor. 4 16 Sec. 5. Section 802.2A, subsection 2, Code 2003, is 4 17 amended to read as follows: 4 18 2. An indictment or information for sexual exploitation by 4 19 a counselor,ortherapist, or school employee under section 4 20 709.15 committed on or with a person who is under the age of 4 21 eighteen shall be found within ten years after the person upon 4 22 whom the offense is committed attains eighteen years of age. 4 23 An information or indictment for any other sexual exploitation 4 24 shall be found within ten years of the date the victim was 4 25 last treated by the counselor or therapist, or within ten 4 26 years of the date the victim was enrolled in the school. 4 27 Sec. 6. Section 903B.1, subsection 4, paragraph h, Code 4 28 2003, is amended to read as follows: 4 29 h. Sexual exploitationby a counselorin violation of 4 30 section 709.15. 4 31 EXPLANATION 4 32 This bill creates a criminal offense of sexual exploitation 4 33 by a school employee. 4 34 The bill provides that a school employee shall not engage 4 35 in any sexual conduct with a student who is enrolled at a 5 1 public or nonpublic secondary school, or who was enrolled at a 5 2 public or nonpublic secondary school within 30 days of any 5 3 violation of this bill, for the purpose of arousing the sexual 5 4 desires of either of them. The bill defines "school employee" 5 5 to mean a teacher, employee, contract employee, coach, or 5 6 assistant coach who is teaching or coaching at, or working 5 7 for, a public or nonpublic school or area education agency. 5 8 The bill defines "sexual conduct" to include but is not 5 9 limited to the following: kissing; touching of the clothed or 5 10 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 5 11 genitals; or a sex act as defined in Code section 702.17. 5 12 Sexual exploitation by a school employee does not include 5 13 touching which is necessary in the performance of the school 5 14 employee's duties while acting within the scope of employment. 5 15 The bill provides that a school employee commits a class 5 16 "D" felony if the employee engages in a pattern or practice or 5 17 scheme of conduct to engage in such sexual conduct with a 5 18 student. 5 19 The bill provides that a school employee commits an 5 20 aggravated misdemeanor if the employee engages in such sexual 5 21 conduct with a student. 5 22 The amendments to Code sections 614.1, 692A.1, 702.11, 5 23 802.2A, and 903B.1 conform the new criminal offense of sexual 5 24 exploitation by a school employee with other sexual 5 25 exploitation offense provisions found in Code section 709.15, 5 26 including the five-year civil and 10-year criminal statute of 5 27 limitations. 5 28 A class "D" felony is punishable by confinement for no more 5 29 than five years and a fine of at least $750 but not more than 5 30 $7,500. An aggravated misdemeanor is punishable by 5 31 confinement for no more than two years and a fine of at least 5 32 $500 but not more than $5,000. 5 33 LSB 1003SS 80 5 34 jm/pj/5
Text: SF00043 Text: SF00045 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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