House Study Bill 44 SENATE/HOUSE FILE BY (PROPOSED ATTORNEY GENERAL BILL) Passed Senate, Date Passed House, 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 1327DP 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.1 224.3. A person's intent to commita violation of this 1 23 sectionsexual abuse, sexual exploitation, or another illegal 1 24 act upon a minor, may be inferred when the person is not known 1 25 to theperson being enticed awayminor the person is enticing 1 26 or attempting to entice and the person does not have the 1 27 permission of the parent, guardian, or custodian to contact 1 28 theperson being enticed awayminor the person is enticing or 1 29 attempting 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 enticeawaya minor or a person 1 33 believed to be a minor who is present in this state originates 1 34 from another state, or the communication to enticeawaya 1 35 minor or a person believed to be a minor is sent from this 2 1 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 with the intent to commit 2 17 an illegal act. Under the bill, the criminal penalty is 2 18 changed from an aggravated misdemeanor to a class "D" felony. 2 19 Under current law and the bill, a person who commits 2 20 enticing or attempting to entice a minor shall register as a 2 21 sex offender for 10 years plus the length of any special 2 22 sentence. 2 23 The bill specifies that a person's intent to commit sexual 2 24 abuse, sexual exploitation, or another illegal act upon a 2 25 minor, may be inferred when the person is not known to the 2 26 minor the person is enticing or attempting to entice, and the 2 27 person does not have the permission of the parent, guardian, 2 28 or custodian to contact the minor the person is enticing or 2 29 attempting to entice. 2 30 The amendments in the bill are in response to State v. 2 31 Hansen, 750 N.W.2d 111 (Iowa 2008) and State v. Quinn, 691 2 32 N.W.2d 403 (Iowa 2005). 2 33 LSB 1327DP 83 2 34 jm/nh/14