House File 2333 - Introduced HOUSE FILE 2333 BY FORD A BILL FOR An Act modifying the criminal offense of enticing or attempting 1 to entice a minor and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6065HH (3) 83 jm/rj

H.F. 2333 Section 1. Section 710.10, Code 2009, is amended to read as 1 follows: 2 710.10 Enticing away a minor. 3 1. A person commits a class “C” felony when, without 4 authority and with the intent to commit sexual abuse or sexual 5 exploitation upon a minor under the age of thirteen, the person 6 entices away or attempts to entice the minor under the age 7 of thirteen, or entices away or attempts to entice a person 8 reasonably believed to be under the age of thirteen. 9 2. A person commits a class “D” felony when, without 10 authority and with the intent to commit an illegal act upon 11 a minor under the age of sixteen, the person entices away or 12 attempts to entice a minor under the age of sixteen, or entices 13 away or attempts to entice a person reasonably believed to be 14 under the age of sixteen. 15 3. A person commits an aggravated misdemeanor when, without 16 authority and with the intent to commit an illegal act upon a 17 minor under the age of sixteen, the person attempts to entice 18 away a minor under the age of sixteen, or attempts to entice 19 away a person reasonably believed to be under the age of 20 sixteen. 21 4. A person’s intent to commit a violation of this 22 section may be inferred when the person is not known to the 23 person being enticed away and the person does not have the 24 permission of the parent, guardian, or custodian to contact the 25 person being enticed away. 26 3. A person shall not be convicted of a violation of this 27 section unless the person commits an overt act evidencing a 28 purpose to entice. 29 5. 4. For purposes of determining jurisdiction under 30 section 803.1, an offense is considered committed in this state 31 if the communication to entice away or attempt to entice a 32 minor or a person believed to be a minor who is present in this 33 state originates from another state, or the communication to 34 entice away or attempt to entice a minor or a person believed 35 -1- LSB 6065HH (3) 83 jm/rj 1/ 2

H.F. 2333 to be a minor is sent from this state. 1 EXPLANATION 2 This bill relates to the criminal offense of enticing a 3 minor. 4 The bill renames the criminal offense of enticing away 5 a minor to enticing a minor, and eliminates the provisions 6 related to enticing “away” a minor. 7 The bill changes the criminal penalty for attempting to 8 entice a minor under the age of 13 or a person reasonably 9 believed to be under the age of 13, without authority, and 10 with the intent to commit sexual abuse or sexual exploitation. 11 Under the bill, the criminal penalty is changed from an 12 aggravated misdemeanor to a class “C” felony. 13 The bill also changes the criminal penalty for attempting 14 to entice a minor under the age of 16 or a person reasonably 15 believed to be under the age of 16, without authority, and 16 with the intent to commit an illegal act. Under the bill, the 17 criminal penalty is changed from an aggravated misdemeanor to a 18 class “D” felony. 19 The bill specifies that a person shall not be convicted of a 20 violation of enticing a minor or an attempt to entice a minor 21 unless the person commits an overt act evidencing a purpose to 22 entice. 23 Under current law and the bill, a person who commits enticing 24 or attempting to entice a minor is subject to an additional 25 special sentence pursuant to Code chapter 903B and shall 26 register as a sex offender for 10 years plus the length of any 27 special sentence. 28 The amendments in the bill are in response to State v. 29 Hansen, 750 N.W.2d 111 (Iowa 2008) and State v. Quinn, 691 30 N.W.2d 403 (Iowa 2005). 31 -2- LSB 6065HH (3) 83 jm/rj 2/ 2