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709.3 Sexual abuse in the second degree.

A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:

1. During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.

2. The other participant is under the age of twelve.

3. The person is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other participant.

Sexual abuse in the second degree is a class "B" felony.

Section History: Early form

[C51, § 2581; R60, § 4204; C73, § 3861; C97, § 4756; C24, 27, 31, 35, 39, § 12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 698.1; C79, 81, § 709.3]

Section History: Recent form

84 Acts, ch 1188, § 2

Internal References

Referred to in § 321.375, 906.15

Footnotes

Definition of forcible felony, § 702.11

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