SF 385 (LSB 2255SV (3) 85)

SENATE FILE 385

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1230)

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 and the sex offender registry, 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 2013, 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 709.4, subsection 2, paragraph c, subparagraph (4), Code 2013, 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. 3.  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 the other person is fourteen years of age and the person is eighteen years of age.
   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 a class “D” felony.
    Sec. 4.  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 the victim was fourteen years of age and the person is eighteen years of age.
   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.
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 18 years of age commits sexual abuse in the fourth degree if the person commits a sex act with another person who is 14 years of age. 
   The bill specifies that a person who commits sexual abuse in the fourth degree is guilty of a class “D” felony and is not subject to a special sentence under Code section 903B.2.
   Under current law, a person who commits sexual abuse in the third degree, including those acts now classified as sexual abuse in the fourth degree in the bill, commits a class “C” felony and is 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.
   Under current law, a person who commits sexual abuse in the third degree, including those acts now classified as sexual abuse in the fourth degree in the bill, is classified as a tier I sex offender.
   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 the victim was 14 years of age and the person was 18 years of age at the time the offense was committed.
   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 under newly established sex abuse in the fourth degree. 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.