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