Senate
File
2382
-
Enrolled
Senate
File
2382
AN
ACT
ESTABLISHING
THE
OFFENSE
OF
SEXUAL
ACTIVITY
WITH
AN
INDIVIDUAL
SIXTEEN
OR
SEVENTEEN
YEARS
OF
AGE,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
709.4A
Sexual
activity
with
a
person
sixteen
or
seventeen
years
of
age.
A
person
who
engages
in
sexual
activity
with
another
person
who
is
sixteen
or
seventeen
years
of
age
is
guilty
of
an
aggravated
misdemeanor
if
the
other
person
is
not
at
the
time
cohabiting
with
the
person
as
the
person’s
spouse
and
the
person
is
twenty-seven
years
of
age
or
older.
Sec.
2.
Section
903B.2,
Code
2020,
is
amended
to
read
as
follows:
903B.2
Special
sentence
——
class
“D”
felonies
or
misdemeanors.
A
person
convicted
of
a
misdemeanor
or
a
class
“D”
felony
offense
under
chapter
709
,
except
for
a
conviction
under
section
709.4A,
section
726.2
,
or
section
728.12
shall
also
be
sentenced,
in
addition
to
any
other
punishment
provided
by
law,
to
a
special
sentence
committing
the
person
into
the
custody
of
the
director
of
the
Iowa
department
of
corrections
for
a
period
of
ten
years,
with
eligibility
for
parole
as
provided
in
chapter
906
.
The
board
of
parole
shall
determine
whether
the
person
should
be
released
on
parole
or
placed
in
a
work
release
program.
The
special
sentence
imposed
under
this
section
shall
commence
upon
completion
of
the
sentence
imposed
under
any
Senate
File
2382,
p.
2
applicable
criminal
sentencing
provisions
for
the
underlying
criminal
offense
and
the
person
shall
begin
the
sentence
under
supervision
as
if
on
parole
or
work
release.
The
person
shall
be
placed
on
the
corrections
continuum
in
chapter
901B
,
and
the
terms
and
conditions
of
the
special
sentence,
including
violations,
shall
be
subject
to
the
same
set
of
procedures
set
out
in
chapters
901B
,
905
,
906
,
and
908
,
and
rules
adopted
under
those
chapters
for
persons
on
parole
or
work
release.
The
revocation
of
release
shall
not
be
for
a
period
greater
than
two
years
upon
any
first
revocation,
and
five
years
upon
any
second
or
subsequent
revocation.
A
special
sentence
shall
be
considered
a
category
“A”
sentence
for
purposes
of
calculating
earned
time
under
section
903A.2
.