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  ENTICING AWAY A 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 entices away or attempts to entice the minor under the
  1  8 age of thirteen, or entices away or 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 entices away or
  1 13 attempts to entice a minor under the age of sixteen, or
  1 14 entices away or attempts to entice a person reasonably
  1 15 believed to be under the age of sixteen.
  1 16    3.  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 22    4.  3.  A person's intent to commit a violation of this
  1 23 section sexual abuse, sexual exploitation, or another illegal
  1 24 act upon a minor, may be inferred when the person is not known
  1 25 to the person being enticed away minor 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 the person being enticed away minor the person is enticing or
  1 29 attempting to entice.
  1 30    5.  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 entice away a 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 entice away a
  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