SF 2197 (LSB 5950XS (4) 84)

SENATE FILE 2197

BY  RIELLY

A BILL FOR

An Act relating to the criminal offense of incest, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 726.2, Code 2011, is amended to read as follows:
   726.2  Incest.
   1.  A person, except a child as defined in section 702.5, who performs a sex act with another whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, or nephew, commits incest. Incest is a class “D” felony.
   2.  For purposes of this section, a person shall be considered legitimately related to the person performing the sex act if the person is adopted by the person performing the sex act.
EXPLANATION
   This bill relates to the criminal offense of incest. The bill provides that for purposes of the crime of incest, a person shall be considered related to the person performing the sex act if the person is adopted by the person performing the sex act.
   A person who commits incest commits a class “D” felony and shall register as a tier II sex offender under Code chapter 692A. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.