709.4  Sexual abuse in the third degree.

A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:

1.  The act is done by force or against the will of the other participant, whether or not the other participant is the person's spouse or is cohabiting with the person.

2.  The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:

a.  The other participant is suffering from a mental defect or incapacity which precludes giving consent.

b.  The other participant is twelve or thirteen years of age.

c.  The other participant is fourteen or fifteen years of age and any of the following are true:

(1)  The person is a member of the same household as the other participant.

(2)  The person is related to the other participant by blood or affinity to the fourth degree.

(3)  The person is in a position of authority over the other participant and uses that authority to coerce the other participant to submit.

(4)  The person is five or more years older than the other participant.

3.  The act is performed while the other participant is under the influence of a controlled substance, which may include but is not limited to flunitrazepam, and all of the following are true:

a.  The controlled substance, which may include but is not limited to flunitrazepam, has been consumed by or administered to the other participant without the other participant's knowledge.

b.  The controlled substance, which may include but is not limited to flunitrazepam, prevents the other participant from consenting to the act.

c.  The person performing the act knows or reasonably should have known that the other participant was under the influence of the controlled substance, which may include but is not limited to flunitrazepam.

Sexual abuse in the third degree is a class "C" felony.

Section History: Early form

  [C51, § 2581, 2583; R60, § 4204, 4206; C73, § 3861, 3863; C97, § 4756, 4758; C24, 27, 31, 35, 39, § 12966, 12967; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 698.1, 698.3; C79, 81, § 709.4]

Section History: Recent form

  89 Acts, ch 138, § 3; 94 Acts, ch 1128, §1; 97 Acts, ch 78, §1

Internal References

  Referred to in § 321.375, 702.11, 903B.1, 906.15

Footnotes

  Definition of forcible felony, see § 702.11

  Definition of sex act, see § 702.17


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