SF 2086 (LSB 5766XS (4) 83)

SENATE FILE 2086

BY  APPEL

A BILL FOR

An Act relating to sex offender residency restrictions, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.101, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  a.  “Aggravated offense against a minor” means a conviction for any of the following offenses, if such offense was committed against a minor, or otherwise involves a minor:
   a.  (1)  Sexual abuse in the first degree in violation of section 709.2.
   b.  (2)  Sexual abuse in the second degree in violation of section 709.3.
   c.  (3)  Sexual abuse in the third degree in violation of section 709.4, except for a violation of section 709.4, subsection 2, paragraph “c”, subparagraph (4).
   b.  Any offense specified in the laws of another jurisdiction or prosecuted in federal, military, or foreign court, that is comparable to an offense listed in paragraph “a” shall be considered an aggravated offense against a minor under this chapter if such an offense was committed against a minor or otherwise involves a minor.
EXPLANATION
   This bill relates to residency restrictions for a sex offender. 
   The bill provides that any conviction for an offense specified in the laws of another jurisdiction or any conviction for an offense prosecuted in federal, military, or foreign court, that is comparable to any offense listed in Code section 692A.101(2) shall be considered an aggravated offense against a minor if the offense was against a minor or otherwise involved a minor. 
   A person convicted of an aggravated offense against a minor is subject to the sex offender residency restrictions under Code section 692A.114. 
   Current law specifies that the residency restrictions apply to a person convicted of sexual abuse in the first degree in violation of Code section 709.2, sexual abuse in the second degree in violation of Code section 709.3, and sexual abuse in the third degree in violation of Code section 709.4, except for a violation of Code section 709.4(2)(c)(4).
   A person who violates the residency restrictions commits an aggravated misdemeanor for a first offense, and a class “D” felony for a second or subsequent offense.