House Journal: Page 1778: Thursday, May 1, 2003
5 defined in section 702.17.
6 "Sexual Sexual exploitation by a counselor or
7 therapist" therapist does not include touching which
8 is part of a necessary examination or treatment
9 provided a patient or client by a counselor or
10 therapist acting within the scope of the practice or
11 employment in which the counselor or therapist is
12 engaged.
13 3. Sexual exploitation by a school employee occurs
14 when any of the following are found:
15 a. A pattern or practice or scheme of conduct to
16 engage in any of the conduct described in paragraph
17 "b".
18 b. Any sexual conduct with a student for the
19 purpose of arousing or satisfying the sexual desires
20 of the school employee or the student. Sexual conduct
21 includes but is not limited to the following:
22 kissing; touching of the clothed or unclothed inner
23 thigh, breast, groin, buttock, anus, pubes, or
24 genitals; or a sex act as defined in section 702.17.
25 Sexual exploitation by a school employee does not
26 include touching that is necessary in the performance
27 of the school employee's duties while acting within
28 the scope of employment.
29 2. 4. a. A counselor or therapist who commits
30 sexual exploitation in violation of subsection 1 2,
31 paragraph "f" "a", subparagraph (1), commits a class
32 "D" felony.
33 3. b. A counselor or therapist who commits sexual
34 exploitation in violation of subsection 1 2, paragraph
35 "f" "b", subparagraph (2), commits an aggravated
36 misdemeanor.
37 4. c. A counselor or therapist who commits sexual
38 exploitation in violation of subsection 1 2, paragraph
39 "f" "c", subparagraph (3), commits a serious
40 misdemeanor. In lieu of the sentence provided for
41 under section 903.1, subsection 1, paragraph "b", the
42 offender may be required to attend a sexual abuser
43 treatment program.
44 5. a. A school employee who commits sexual
45 exploitation in violation of subsection 3, paragraph
46 "a", commits a class "D" felony.
47 b. A school employee who commits sexual
48 exploitation in violation of subsection 3, paragraph
49 "b", commits an aggravated misdemeanor.
50 Sec. . Section 802.2A, subsection 2, Code 2003,
Page 17
1 is amended to read as follows:
2 2. An indictment or information for sexual
3 exploitation by a counselor, or therapist, or school
4 employee under section 709.15 committed on or with a
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League of Women Voters of Iowa
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