House File 2438 - Introduced HOUSE FILE 2438 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 744) (SUCCESSOR TO HSB 44) A BILL FOR An Act relating to the criminal offense of enticing or 1 attempting to entice a minor and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1327HZ (3) 83 jm/nh

H.F. 2438 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 the minor under the age of thirteen, or entices 7 away or attempts to entice a person reasonably believed to be 8 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 a 12 minor under the age of sixteen, or entices away or attempts 13 to entice a person reasonably believed to be under the age of 14 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 a minor or attempt to 32 entice 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 a minor or attempt to entice a person believed to 35 -1- LSB 1327HZ (3) 83 jm/nh 1/ 2

H.F. 2438 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 person reasonably believed to be under the age of 13 9 with the intent to commit sexual abuse or sexual exploitation. 10 Under the bill, the criminal penalty is changed from an 11 aggravated misdemeanor to a class “C” felony. 12 The bill also changes the criminal penalty for attempting 13 to entice a person reasonably believed to be under the age of 14 16, without authority, and with the intent to commit an illegal 15 act. Under the bill, the criminal penalty is changed from an 16 aggravated misdemeanor to a class “D” felony. 17 The bill specifies that a person shall not be convicted of a 18 violation of enticing a minor or an attempt to entice a minor 19 unless the person commits an overt act evidencing a purpose to 20 entice. 21 Under current law and the bill, a person who commits enticing 22 or attempting to entice a minor is subject to an additional 23 special sentence pursuant to Code chapter 903B and shall 24 register as a sex offender for 10 years plus the length of any 25 special sentence. 26 The amendments in the bill are in response to State v. 27 Hansen, 750 N.W.2d 111 (Iowa 2008) and State v. Quinn, 691 28 N.W.2d 403 (Iowa 2005). 29 -2- LSB 1327HZ (3) 83 jm/nh 2/ 2