Senate File 44
SENATE FILE
BY LARSON
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating a criminal offense of sexual exploitation by a
2 school employee, and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1003SS 80
5 jm/pj/5
PAG LIN
1 1 Section 1. Section 614.1, subsection 12, Code 2003, is
1 2 amended to read as follows:
1 3 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A COUNSELOR, OR
1 4 THERAPIST, OR SCHOOL EMPLOYEE. An action for damages for
1 5 injury suffered as a result of sexual abuse, as defined in
1 6 section 709.1, by a counselor, or therapist, or school
1 7 employee, as defined in section 709.15, or as a result of
1 8 sexual exploitation by a counselor, or therapist, or school
1 9 employee shall be brought within five years of the date the
1 10 victim was last treated by the counselor or therapist, or
1 11 within five years of the date the victim was last enrolled in
1 12 the school.
1 13 Sec. 2. Section 692A.1, subsection 10, Code 2003, is
1 14 amended to read as follows:
1 15 10. "Sexual exploitation" means sexual exploitation by a
1 16 counselor, or therapist, or school employee under section
1 17 709.15.
1 18 Sec. 3. Section 702.11, subsection 2, paragraph d, Code
1 19 2003, is amended to read as follows:
1 20 d. Sexual exploitation by a counselor, or therapist, or
1 21 school employee in violation of section 709.15.
1 22 Sec. 4. Section 709.15, Code 2003, is amended to read as
1 23 follows:
1 24 709.15 SEXUAL EXPLOITATION BY A COUNSELOR, OR THERAPIST,
1 25 OR SCHOOL EMPLOYEE.
1 26 1. As used in this section:
1 27 a. "Counselor or therapist" means a physician,
1 28 psychologist, nurse, professional counselor, social worker,
1 29 marriage or family therapist, alcohol or drug counselor,
1 30 member of the clergy, or any other person, whether or not
1 31 licensed or registered by the state, who provides or purports
1 32 to provide mental health services.
1 33 b. "Emotionally dependent" means that the nature of the
1 34 patient's or client's or former patient's or client's
1 35 emotional condition or the nature of the treatment provided by
2 1 the counselor or therapist is such that the counselor or
2 2 therapist knows or has reason to know that the patient or
2 3 client or former patient or client is significantly impaired
2 4 in the ability to withhold consent to sexual conduct, as
2 5 described in paragraph "f" subsection 2, by the counselor or
2 6 therapist.
2 7 For the purposes of paragraph "f" subsection 2, a former
2 8 patient or client is presumed to be emotionally dependent for
2 9 one year following the termination of the provision of mental
2 10 health services.
2 11 c. "Former patient or client" means a person who received
2 12 mental health services from the counselor or therapist.
2 13 d. "Mental health service" means the treatment,
2 14 assessment, or counseling of another person for a cognitive,
2 15 behavioral, emotional, mental, or social dysfunction,
2 16 including an intrapersonal or interpersonal dysfunction.
2 17 e. "Patient or client" means a person who receives mental
2 18 health services from the counselor or therapist.
2 19 f. "School employee" means a teacher, employee, contract
2 20 employee, coach, or assistant coach who is teaching or
2 21 coaching at, or working for, a public or nonpublic secondary
2 22 school or area education agency.
2 23 g. "Student" means a person who is currently enrolled at a
2 24 public or nonpublic secondary school, or who was a student
2 25 enrolled at a public or nonpublic secondary school within
2 26 thirty days of any violation of subsection 3.
2 27 f. 2. "Sexual exploitation by a counselor or therapist"
2 28 occurs when any of the following are found:
2 29 (1) a. A pattern or practice or scheme of conduct to
2 30 engage in any of the conduct described in subparagraph (2) or
2 31 (3) paragraph "b" or "c".
2 32 (2) b. Any sexual conduct, with an emotionally dependent
2 33 patient or client or emotionally dependent former patient or
2 34 client for the purpose of arousing or satisfying the sexual
2 35 desires of the counselor or therapist or the emotionally
3 1 dependent patient or client or emotionally dependent former
3 2 patient or client, which includes but is not limited to the
3 3 following: kissing; touching of the clothed or unclothed
3 4 inner thigh, breast, groin, buttock, anus, pubes, or genitals;
3 5 or a sex act as defined in section 702.17.
3 6 (3) c. Any sexual conduct with a patient or client or
3 7 former patient or client within one year of the termination of
3 8 the provision of mental health services by the counselor or
3 9 therapist for the purpose of arousing or satisfying the sexual
3 10 desires of the counselor or therapist or the patient or client
3 11 or former patient or client which includes but is not limited
3 12 to the following: kissing; touching of the clothed or
3 13 unclothed inner thigh, breast, groin, buttock, anus, pubes, or
3 14 genitals; or a sex act as defined in section 702.17.
3 15 "Sexual exploitation by a counselor or therapist" does not
3 16 include touching which is part of a necessary examination or
3 17 treatment provided a patient or client by a counselor or
3 18 therapist acting within the scope of the practice or
3 19 employment in which the counselor or therapist is engaged.
3 20 3. Sexual exploitation by a school employee occurs when
3 21 any of the following are found:
3 22 a. A pattern or practice or scheme of conduct to engage in
3 23 any of the conduct described in paragraph "b".
3 24 b. Any sexual conduct with a student for the purpose of
3 25 arousing or satisfying the sexual desires of the school
3 26 employee or the student. Sexual conduct includes but is not
3 27 limited to the following: kissing; touching of the clothed or
3 28 unclothed inner thigh, breast, groin, buttock, anus, pubes, or
3 29 genitals; or a sex act as defined in section 702.17.
3 30 Sexual exploitation by a school employee does not include
3 31 touching which is necessary in the performance of the school
3 32 employee's duties while acting within the scope of employment.
3 33 2. 4. a. A counselor or therapist who commits sexual
3 34 exploitation in violation of subsection 1 2, paragraph "f"
3 35 "a", subparagraph (1), commits a class "D" felony.
4 1 3. b. A counselor or therapist who commits sexual
4 2 exploitation in violation of subsection 1 2, paragraph "f"
4 3 "b", subparagraph (2), commits an aggravated misdemeanor.
4 4 4. c. A counselor or therapist who commits sexual
4 5 exploitation in violation of subsection 1 2, paragraph "f"
4 6 "c", subparagraph (3), commits a serious misdemeanor. In lieu
4 7 of the sentence provided for under section 903.1, subsection
4 8 1, paragraph "b", the offender may be required to attend a
4 9 sexual abuser treatment program.
4 10 5. a. A school employee who commits sexual exploitation
4 11 in violation of subsection 3, paragraph "a", commits a class
4 12 "D" felony.
4 13 b. A school employee who commits sexual exploitation in
4 14 violation of subsection 3, paragraph "b", commits an
4 15 aggravated misdemeanor.
4 16 Sec. 5. Section 802.2A, subsection 2, Code 2003, is
4 17 amended to read as follows:
4 18 2. An indictment or information for sexual exploitation by
4 19 a counselor, or therapist, or school employee under section
4 20 709.15 committed on or with a person who is under the age of
4 21 eighteen shall be found within ten years after the person upon
4 22 whom the offense is committed attains eighteen years of age.
4 23 An information or indictment for any other sexual exploitation
4 24 shall be found within ten years of the date the victim was
4 25 last treated by the counselor or therapist, or within ten
4 26 years of the date the victim was enrolled in the school.
4 27 Sec. 6. Section 903B.1, subsection 4, paragraph h, Code
4 28 2003, is amended to read as follows:
4 29 h. Sexual exploitation by a counselor in violation of
4 30 section 709.15.
4 31 EXPLANATION
4 32 This bill creates a criminal offense of sexual exploitation
4 33 by a school employee.
4 34 The bill provides that a school employee shall not engage
4 35 in any sexual conduct with a student who is enrolled at a
5 1 public or nonpublic secondary school, or who was enrolled at a
5 2 public or nonpublic secondary school within 30 days of any
5 3 violation of this bill, for the purpose of arousing the sexual
5 4 desires of either of them. The bill defines "school employee"
5 5 to mean a teacher, employee, contract employee, coach, or
5 6 assistant coach who is teaching or coaching at, or working
5 7 for, a public or nonpublic school or area education agency.
5 8 The bill defines "sexual conduct" to include but is not
5 9 limited to the following: kissing; touching of the clothed or
5 10 unclothed inner thigh, breast, groin, buttock, anus, pubes, or
5 11 genitals; or a sex act as defined in Code section 702.17.
5 12 Sexual exploitation by a school employee does not include
5 13 touching which is necessary in the performance of the school
5 14 employee's duties while acting within the scope of employment.
5 15 The bill provides that a school employee commits a class
5 16 "D" felony if the employee engages in a pattern or practice or
5 17 scheme of conduct to engage in such sexual conduct with a
5 18 student.
5 19 The bill provides that a school employee commits an
5 20 aggravated misdemeanor if the employee engages in such sexual
5 21 conduct with a student.
5 22 The amendments to Code sections 614.1, 692A.1, 702.11,
5 23 802.2A, and 903B.1 conform the new criminal offense of sexual
5 24 exploitation by a school employee with other sexual
5 25 exploitation offense provisions found in Code section 709.15,
5 26 including the five-year civil and 10-year criminal statute of
5 27 limitations.
5 28 A class "D" felony is punishable by confinement for no more
5 29 than five years and a fine of at least $750 but not more than
5 30 $7,500. An aggravated misdemeanor is punishable by
5 31 confinement for no more than two years and a fine of at least
5 32 $500 but not more than $5,000.
5 33 LSB 1003SS 80
5 34 jm/pj/5