SF 2297 (LSB 5826SV (2) 84)

SENATE FILE 2297

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3177)

A BILL FOR

An Act establishing the criminal offense of sexual abuse in the fourth degree, making related changes to sexual abuse in the third degree, providing penalties, and including retroactive and other applicability provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.102, subsection 1, paragraph a, Code Supplement 2011, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (05)  Sexual abuse in the fourth degree in violation of section 709.4A. 
    Sec. 2.  Section 692A.121, subsection 2, paragraph b, subparagraph (2), Code 2011, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (0b)  The relevant information about a sex offender whose sole reason for being on the sex offender registry is for a conviction under section 709.4A. 
    Sec. 3.  Section 709.4, subsection 2, paragraph c, subparagraph (4), Code 2011, is amended to read as follows:
   (4)  The
 
Except as provided in section 709.4A, the person is four or more years older than the other person.
    Sec. 4.  NEW SECTION.  709.4A  Sexual abuse in the fourth degree.
   1.  A person commits sexual abuse in the fourth degree when the person performs a sex act with another person and either of the following apply:
   a.  The other person is fourteen years of age and the person is four, five, or six years older than the other person.
   b.  The other person is fifteen years of age and the person is four or five years older than the other person. 
   2.  Notwithstanding section 903B.2, a person convicted under this section is not subject to the special sentence. 
   3.  A person who violates this section commits an aggravated misdemeanor.
    Sec. 5.  SPECIAL SENTENCE —— JUDGMENT VOID. 
   1.  Notwithstanding section 903B.2, a person convicted of a violation of section 709.4, subsection 2, paragraph “c”, subparagraph (4), prior to, on, or after the effective date of this Act shall not be subject to the special sentence if either of the following applied when the offense was committed:
   a.  The victim was fourteen years of age and the person was four, five, or six years older than the victim.
   b.  The victim was fifteen years of age and the person was four or five years older than the victim. 
   2.  The department of corrections in consultation with the department of public safety shall identify persons whose sole reason for being on probation, parole, or committed to the custody of the director of the department of corrections is for a conviction of sexual abuse in the third degree under section 709.4, subsection 2, paragraph “c”, subparagraph (4), that occurred prior to, on, or after the effective date of this Act, and who meet the criteria established in subsection 1.
   3.  If the department of corrections and the department of public safety identify such a person pursuant to subsection 2, the department of corrections shall notify the board of parole that the portion of the judgment requiring the service of a special sentence is void and the person shall not be subject to the special sentence under section 903B.2. If the person identified pursuant to subsection 2 has begun serving the special sentence, the term of the special sentence shall terminate immediately after being notified by the department of corrections that the portion of the judgment requiring service of a special sentence is void.
   4.  The department of public safety shall also remove the relevant information of such a person identified pursuant to subsection 2 from the sex offender registry internet site if the conviction for the offense identified in subsection 1 is the sole reason for being on the registry. Upon removal of the relevant information from the sex offender registry internet site, the relevant information of the person shall no longer be displayed on the sex offender registry internet site unless the person is convicted of another offense that requires registration.
EXPLANATION
   This bill establishes the criminal offense of sexual abuse in the fourth degree, makes related changes to sexual abuse in the third degree, provides penalties, and includes retroactive and other applicability provisions. 
   SEX ABUSE IN THE FOURTH DEGREE. Under the bill, a person commits sexual abuse in the fourth degree if the person commits a sex act with another person and any of the following apply: the other person is 14 years of age and the person is four, five, or six years older than the other person; or the other person is 15 years of age and the person is four or five years older than the other person. 
   The bill specifies that a person who commits sexual abuse in the fourth degree is guilty of an aggravated misdemeanor and is not subject to a special sentence under Code section 903B.2. 
   The bill also specifies that a person who commits sexual abuse in the fourth degree shall register as a tier I sex offender who is required to verify the person’s relevant information to the county sheriff of residence on an annual basis for 10 years. The bill further specifies that if the sole reason the person is required to register as a sex offender is for a conviction of sexual abuse in the fourth degree, the person’s name and other relevant information shall not be displayed on the sex offender registry internet site. 
   SEX ABUSE IN THE THIRD DEGREE. The bill specifies that a person convicted of sexual abuse in the third degree in violation of Code section 709.4(2)(c)(4) (statutory rape due to age differences of the offending person and the victim) prior to, on, or after the effective date of the bill shall not be subject to the special sentence under Code section 903B.2 if either of the following applied when the offense was committed: the victim was 14 years of age and the person was four, five, or six years older than the victim; or the victim was 15 years of age and the person was four or five years older than the victim. 
   For a person convicted of sexual abuse in the third degree in violation of Code section 709.4(2)(c)(4) prior to, on, or after the effective date of the bill where a judgment for a special sentence has already been entered as part of the judgment, the bill voids the portion of the judgment imposing the special sentence. 
   Under the bill, the department of corrections in consultation with the department of public safety shall identify persons whose sole reason for being on probation, parole, or committed to the custody of the director of the department of corrections is for a conviction of sexual abuse in the third degree under Code section 709.4(2)(c)(4), and who meet the age differential criteria with the victim established in the bill. If the department of corrections and the department of public safety identify such a person under the bill, the department of corrections shall notify the board of parole that the portion of the judgment requiring the service of a special sentence is void and the person shall not be subject to the special sentence under Code section 903B.2. If such a person has begun serving the special sentence, the bill requires the term of the special sentence to terminate immediately after being notified by the department of corrections that the portion of the judgment requiring service of a special sentence is void.
   The bill also requires the department of public safety to remove the relevant information of a person from the sex offender registry internet site if the person was convicted of sexual abuse in the third degree under Code section 709.4(2)(c)(4), and the person meets the age differential criteria with the victim established in the bill and the conviction is the sole reason the person is on the sex offender registry. Upon removal of the relevant information from the sex offender registry internet site, the bill specifies that the relevant information of the person shall no longer be displayed on the sex offender registry internet site unless the person is convicted of another offense that requires registration.