House Study Bill 646 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL) A BILL FOR An Act relating to the abuse of a corpse and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5221IC (4) 83 jm/rj
S.F. _____ H.F. _____ Section 1. Section 229A.2, subsection 10, paragraph a, Code 1 2009, is amended to read as follows: 2 a. A violation of any provision of chapter 709 , except 3 section 709.18, subsection 2 or 3 . 4 Sec. 2. Section 692A.102, subsection 1, paragraph b, 5 Code Supplement 2009, is amended by adding the following new 6 subparagraph: 7 NEW SUBPARAGRAPH . (130) Sexual abuse of a corpse in 8 violation of section 709.18. 9 Sec. 3. NEW SECTION . 708.14 Abuse of a corpse. 10 1. A person commits abuse of a human corpse if the person 11 does any of the following: 12 a. Mutilates, disfigures, or dismembers a human corpse with 13 the intent to conceal a crime. 14 b. Hides or buries a human corpse with the intent to conceal 15 a crime. 16 2. A person who violates this section commits a class “D” 17 felony. 18 Sec. 4. Section 709.18, Code 2009, is amended to read as 19 follows: 20 709.18 Abuse Sexual abuse of a corpse. 21 1. A person commits sexual abuse of a human corpse if the 22 person knowingly and intentionally engages in a sex act, as 23 defined in section 702.17, with a human corpse. 24 2. A person commits abuse of a human corpse if the person 25 mutilates, disfigures, or dismembers a human corpse with the 26 intent to conceal a crime. 27 3. A person commits abuse of a human corpse if the person 28 hides or buries a human corpse with the intent to conceal a 29 crime. 30 4. 2. A person who violates this section commits a class 31 “D” felony. 32 EXPLANATION 33 This bill relates to the criminal offense of abuse of a 34 corpse. 35 -1- LSB 5221IC (4) 83 jm/rj 1/ 2
S.F. _____ H.F. _____ The bill transfers some “abuse of a corpse” provisions from 1 Code section 709.18 to Code chapter 708 (assault) and creates 2 new Code section 708.14. The bill renames the “abuse of a 3 corpse” offense remaining in Code section 709.18 as “sexual 4 abuse of a corpse”. 5 The bill requires a person who commits sexual abuse of 6 a corpse to register as a tier II sex offender. A tier II 7 offender must verify the offender’s relevant information with 8 the county sheriff of the principal place of residence every 9 six months. 10 The bill does not modify the penalty classification for the 11 criminal offense that remains in Code section 709.18 or for the 12 criminal offenses transferred to new Code section 708.14. A 13 person who commits a violation of the bill commits a class “D” 14 felony. 15 The bill does effect the criminal penalties applicable to 16 the criminal offenses transferred to new Code section 708.14. 17 Under the bill, as a result of transferring the criminal 18 offenses to new Code section 708.14, these transferred offenses 19 are no longer sexual offenses under Code chapter 709 and 20 therefore not subject to a special sentence pursuant to Code 21 section 903B.2. 22 -2- LSB 5221IC (4) 83 jm/rj 2/ 2