Senate
File
2322
S-5090
Amend
Senate
File
2322
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
692A.101,
subsection
1,
paragraph
a,
4
Code
2020,
is
amended
by
adding
the
following
new
subparagraph:
5
NEW
SUBPARAGRAPH
.
(9)
Continuous
sexual
abuse
of
a
child
6
in
violation
of
section
709.23.
7
Sec.
2.
Section
692A.101,
subsection
2,
paragraph
a,
Code
8
2020,
is
amended
by
adding
the
following
new
subparagraph:
9
NEW
SUBPARAGRAPH
.
(4)
Continuous
sexual
abuse
of
a
child
10
in
violation
of
section
709.23.
11
Sec.
3.
Section
692A.102,
subsection
1,
paragraph
c,
Code
12
2020,
is
amended
by
adding
the
following
new
subparagraph:
13
NEW
SUBPARAGRAPH
.
(013)
Continuous
sexual
abuse
of
a
child
14
in
violation
of
section
709.23.
15
Sec.
4.
NEW
SECTION
.
709.23
Continuous
sexual
abuse
of
a
16
child.
17
1.
A
person
eighteen
years
of
age
or
older
commits
18
continuous
sexual
abuse
of
a
child
when
the
person
engages
19
in
any
combination
of
three
or
more
acts
of
sexual
abuse
in
20
violation
of
section
709.3
or
709.4,
with
the
same
child,
and
21
at
least
thirty
days
have
elapsed
between
the
first
and
last
22
acts
of
sexual
abuse.
23
2.
A
person
who
commits
continuous
sexual
abuse
of
a
24
child
is,
upon
conviction,
guilty
of
a
class
“B”
felony.
25
Notwithstanding
section
902.9,
subsection
1,
paragraph
“b”
,
a
26
person
convicted
of
a
violation
of
this
subsection
involving
27
any
combination
of
three
or
more
acts
of
sexual
abuse
that
28
includes
a
violation
of
section
709.3
or
709.4
shall
be
29
confined
for
no
more
than
fifty
years.
30
3.
If
a
jury
is
the
trier
of
fact,
members
of
the
jury
must
31
unanimously
agree
that
three
or
more
acts
of
sexual
abuse
in
32
violation
of
section
709.3
or
709.4
were
committed
with
the
33
same
child
and
at
least
thirty
days
have
elapsed
between
the
34
first
and
last
acts
of
sexual
abuse.
The
jury
does
not
need
35
-1-
SF2322.3909
(2)
88
(amending
this
SF
2322
to
CONFORM
to
HF
2554)
as/rh
1/
2
#1.
to
unanimously
agree
which
specific
acts
were
committed
or
the
1
exact
date
when
those
acts
were
committed.
2
4.
Any
other
sexual
abuse
offense
involving
the
same
child
3
shall
not
be
charged
in
the
same
proceeding
as
a
charge
under
4
this
section
unless
the
other
sexual
abuse
offense
occurred
5
outside
of
the
time
period
charged
under
this
section
or
the
6
other
sexual
abuse
offense
is
charged
in
the
alternative.
7
5.
A
person
shall
be
charged
with
only
one
count
under
this
8
section
unless
more
than
one
child
is
involved
in
the
offense.
9
If
more
than
one
child
is
involved,
a
separate
count
may
be
10
charged
for
each
child.
11
6.
Each
act
of
sexual
abuse
committed
under
section
709.3
12
or
709.4
shall
be
considered
a
lesser
included
offense
to
the
13
crime
of
continuous
sexual
abuse
of
a
child
under
this
section.
14
Sec.
5.
Section
902.14,
subsection
1,
Code
2020,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
d.
Continuous
sexual
abuse
of
a
child
in
17
violation
of
section
709.23.
18
Sec.
6.
Section
903B.10,
subsection
3,
Code
2020,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
j.
Continuous
sexual
abuse
of
a
child
in
21
violation
of
section
709.23.
>
22
______________________________
ZACH
NUNN
-2-
SF2322.3909
(2)
88
(amending
this
SF
2322
to
CONFORM
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2554)
as/rh
2/
2