House File 744 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 44) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the criminal offense of enticing or attempting 2 to entice a minor and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1327HV 83 5 jm/nh/14 PAG LIN 1 1 Section 1. Section 710.10, Code 2009, is amended to read 1 2 as follows: 1 3 710.10 ENTICINGAWAYA MINOR. 1 4 1. A person commits a class "C" felony when, without 1 5 authority and with the intent to commit sexual abuse or sexual 1 6 exploitation upon a minor under the age of thirteen, the 1 7 person enticesawayor attempts to entice the minor under the 1 8 age of thirteen, or enticesawayor attempts to entice a 1 9 person reasonably believed to be under the age of thirteen. 1 10 2. A person commits a class "D" felony when, without 1 11 authority and with the intent to commit an illegal act upon a 1 12 minor under the age of sixteen, the person enticesawayor 1 13 attempts to entice a minor under the age of sixteen, or 1 14 enticesawayor attempts to entice a person reasonably 1 15 believed to be under the age of sixteen. 1 163. A person commits an aggravated misdemeanor when, 1 17 without authority and with the intent to commit an illegal act 1 18 upon a minor under the age of sixteen, the person attempts to 1 19 entice away a minor under the age of sixteen, or attempts to 1 20 entice away a person reasonably believed to be under the age 1 21 of sixteen.1 224. A person's intent to commit a violation of this section 1 23 may be inferred when the person is not known to the person 1 24 being enticed away and the person does not have the permission 1 25 of the parent, guardian, or custodian to contact the person 1 26 being enticed away.1 27 3. A person shall not be convicted of a violation of this 1 28 section unless the person commits an overt act evidencing a 1 29 purpose to entice. 1 305.4. For purposes of determining jurisdiction under 1 31 section 803.1, an offense is considered committed in this 1 32 state if the communication to enticeawayor attempt to entice 1 33 a minor or a person believed to be a minor who is present in 1 34 this state originates from another state, or the communication 1 35 to enticeawayor attempt to entice a minor or a person 2 1 believed to be a minor is sent from this state. 2 2 EXPLANATION 2 3 This bill relates to the criminal offense of enticing a 2 4 minor. 2 5 The bill renames the criminal offense of enticing away a 2 6 minor to enticing a minor, and eliminates the provisions 2 7 related to enticing "away" a minor. 2 8 The bill changes the criminal penalty for attempting to 2 9 entice a minor under the age of 13 or a person reasonably 2 10 believed to be under the age of 13 with the intent to commit 2 11 sexual abuse or sexual exploitation. Under the bill, the 2 12 criminal penalty is changed from an aggravated misdemeanor to 2 13 a class "C" felony. 2 14 The bill also changes the criminal penalty for attempting 2 15 to entice a minor under the age of 16 or a person reasonably 2 16 believed to be under the age of 16, without authority, and 2 17 with the intent to commit an illegal act. Under the bill, the 2 18 criminal penalty is changed from an aggravated misdemeanor to 2 19 a class "D" felony. 2 20 The bill specifies that a person shall not be convicted of 2 21 a violation of enticing a minor or an attempt to entice a 2 22 minor unless the person commits an overt act evidencing a 2 23 purpose to entice. 2 24 Under current law and the bill, a person who commits 2 25 enticing or attempting to entice a minor is subject to an 2 26 additional special sentence pursuant to Code chapter 903B and 2 27 shall register as a sex offender for 10 years plus the length 2 28 of any special sentence. 2 29 The amendments in the bill are in response to State v. 2 30 Hansen, 750 N.W.2d 111 (Iowa 2008) and State v. Quinn, 691 2 31 N.W.2d 403 (Iowa 2005). 2 32 LSB 1327HV 83 2 33 jm/nh/14