Senate Study Bill 3177 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act establishing the criminal offense of sexual abuse in the 1 fourth degree, making related changes to sexual abuse in the 2 third degree, providing penalties, and including retroactive 3 and other applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5826XC (9) 84 jm/rj

S.F. _____ Section 1. Section 692A.102, subsection 1, paragraph a, 1 Code Supplement 2011, is amended by adding the following new 2 subparagraph: 3 NEW SUBPARAGRAPH . (05) Sexual abuse in the fourth degree 4 in violation of section 709.4A. 5 Sec. 2. Section 692A.121, subsection 2, paragraph b, 6 subparagraph (2), Code 2011, is amended by adding the following 7 new subparagraph division: 8 NEW SUBPARAGRAPH DIVISION . (0b) The relevant information 9 about a sex offender whose sole reason for being on the sex 10 offender registry is for a conviction under section 709.4A. 11 Sec. 3. Section 709.4, subsection 2, paragraph c, 12 subparagraph (4), Code 2011, is amended to read as follows: 13 (4) The Except as provided in section 709.4A, the person is 14 four or more years older than the other person. 15 Sec. 4. NEW SECTION . 709.4A Sexual abuse in the fourth 16 degree. 17 1. A person commits sexual abuse in the fourth degree when 18 the person performs a sex act with another person and either 19 of the following apply: 20 a. The other person is fourteen years of age and the person 21 is four, five, or six years older than the other person. 22 b. The other person is fifteen years of age and the person 23 is four or five years older than the other person. 24 2. Notwithstanding section 903B.2, a person convicted under 25 this section is not subject to the special sentence. 26 3. A person who violates this section commits an aggravated 27 misdemeanor. 28 Sec. 5. SPECIAL SENTENCE —— JUDGMENT VOID. 29 1. Notwithstanding section 903B.2, a person convicted of 30 a violation of section 709.4, subsection 2, paragraph “c”, 31 subparagraph (4), prior to, on, or after the effective date of 32 this Act shall not be subject to the special sentence if either 33 of the following applied when the offense was committed: 34 a. The victim was fourteen years of age and the person was 35 -1- LSB 5826XC (9) 84 jm/rj 1/ 4

S.F. _____ four, five, or six years older than the victim. 1 b. The victim was fifteen years of age and the person was 2 four or five years older than the victim. 3 2. The department of corrections in consultation with the 4 department of public safety shall identify persons whose sole 5 reason for being on probation, parole, or committed to the 6 custody of the director of the department of corrections is for 7 a conviction of sexual abuse in the third degree under section 8 709.4, subsection 2, paragraph “c”, subparagraph (4), that 9 occurred prior to, on, or after the effective date of this Act, 10 and who meet the criteria established in subsection 1. 11 3. If the department of corrections and the department of 12 public safety identify such a person pursuant to subsection 13 2, the department of corrections shall notify the board of 14 parole that the portion of the judgment requiring the service 15 of a special sentence is void and the person shall not be 16 subject to the special sentence under section 903B.2. If the 17 person identified pursuant to subsection 2 has begun serving 18 the special sentence, the term of the special sentence shall 19 terminate immediately after being notified by the department of 20 corrections that the portion of the judgment requiring service 21 of a special sentence is void. 22 4. The department of public safety shall also remove the 23 relevant information of such a person identified pursuant to 24 subsection 2 from the sex offender registry internet site if 25 the conviction for the offense identified in subsection 1 is 26 the sole reason for being on the registry. Upon removal of the 27 relevant information from the sex offender registry internet 28 site, the relevant information of the person shall no longer 29 be displayed on the sex offender registry internet site unless 30 the person is convicted of another offense that requires 31 registration. 32 EXPLANATION 33 This bill establishes the criminal offense of sexual abuse 34 in the fourth degree, makes related changes to sexual abuse in 35 -2- LSB 5826XC (9) 84 jm/rj 2/ 4

S.F. _____ the third degree, provides penalties, and includes retroactive 1 and other applicability provisions. 2 SEX ABUSE IN THE FOURTH DEGREE. Under the bill, a person 3 commits sexual abuse in the fourth degree if the person commits 4 a sex act with another person and any of the following apply: 5 the other person is 14 years of age and the person is four, 6 five, or six years older than the other person; or the other 7 person is 15 years of age and the person is four or five years 8 older than the other person. 9 The bill specifies that a person who commits sexual abuse in 10 the fourth degree is guilty of an aggravated misdemeanor and is 11 not subject to a special sentence under Code section 903B.2. 12 The bill also specifies that a person who commits sexual 13 abuse in the fourth degree shall register as a tier I sex 14 offender who is required to verify the person’s relevant 15 information to the county sheriff of residence on an annual 16 basis for 10 years. The bill further specifies that if 17 the sole reason the person is required to register as a sex 18 offender is for a conviction of sexual abuse in the fourth 19 degree, the person’s name and other relevant information shall 20 not be displayed on the sex offender registry internet site. 21 SEX ABUSE IN THE THIRD DEGREE. The bill specifies that 22 a person convicted of sexual abuse in the third degree in 23 violation of Code section 709.4(2)(c)(4) (statutory rape due to 24 age differences of the offending person and the victim) prior 25 to, on, or after the effective date of the bill shall not be 26 subject to the special sentence under Code section 903B.2 if 27 either of the following applied when the offense was committed: 28 the victim was 14 years of age and the person was four, five, 29 or six years older than the victim; or the victim was 15 years 30 of age and the person was four or five years older than the 31 victim. 32 For a person convicted of sexual abuse in the third degree in 33 violation of Code section 709.4(2)(c)(4) prior to, on, or after 34 the effective date of the bill where a judgment for a special 35 -3- LSB 5826XC (9) 84 jm/rj 3/ 4

S.F. _____ sentence has already been entered as part of the judgment, the 1 bill voids the portion of the judgment imposing the special 2 sentence. 3 Under the bill, the department of corrections in 4 consultation with the department of public safety shall 5 identify persons whose sole reason for being on probation, 6 parole, or committed to the custody of the director of the 7 department of corrections is for a conviction of sexual 8 abuse in the third degree under Code section 709.4(2)(c)(4), 9 and who meet the age differential criteria with the victim 10 established in the bill. If the department of corrections 11 and the department of public safety identify such a person 12 under the bill, the department of corrections shall notify the 13 board of parole that the portion of the judgment requiring the 14 service of a special sentence is void and the person shall 15 not be subject to the special sentence under Code section 16 903B.2. If such a person has begun serving the special 17 sentence, the bill requires the term of the special sentence to 18 terminate immediately after being notified by the department of 19 corrections that the portion of the judgment requiring service 20 of a special sentence is void. 21 The bill also requires the department of public safety 22 to remove the relevant information of a person from the sex 23 offender registry internet site if the person was convicted 24 of sexual abuse in the third degree under Code section 25 709.4(2)(c)(4), and the person meets the age differential 26 criteria with the victim established in the bill and the 27 conviction is the sole reason the person is on the sex offender 28 registry. Upon removal of the relevant information from the 29 sex offender registry internet site, the bill specifies that 30 the relevant information of the person shall no longer be 31 displayed on the sex offender registry internet site unless 32 the person is convicted of another offense that requires 33 registration. 34 -4- LSB 5826XC (9) 84 jm/rj 4/ 4