House
File
2011
-
Introduced
HOUSE
FILE
2011
BY
JONES
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
sexual
exploitation
1
by
a
school
employee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
709.15,
subsection
1,
paragraph
f,
Code
1
2016,
is
amended
to
read
as
follows:
2
f.
(1)
“School
employee”
means
a
any
of
the
following,
3
except
as
provided
in
subparagraph
(2):
4
(a)
A
practitioner
as
defined
in
section
272.1
or
a
.
5
(b)
A
person
issued
a
coaching
authorization
under
section
6
272.31,
subsection
1
.
7
(c)
A
person
employed
by
a
school
district
full-time,
8
part-time,
or
as
a
substitute.
9
(d)
A
person
who
performs
services
as
a
volunteer
for
a
10
school
district
and
who
has
significant
contact
with
students.
11
(e)
A
contract
employee
of
the
school
district
who
has
12
significant
contact
with
students.
13
(2)
“School
employee”
does
not
include
a
student
enrolled
14
in
a
school
district.
A
person
who
would
otherwise
meet
15
the
definition
of
school
employee
under
subparagraph
(1),
16
subparagraph
divisions
(b)
through
(e),
shall
not
be
considered
17
a
school
employee
for
purposes
of
this
paragraph
“f”
if
the
18
person
is
less
than
four
years
older
than
the
student
with
whom
19
the
person
engages
in
conduct
prohibited
under
subsection
3,
20
paragraph
“a”
,
and
the
person
is
not
in
a
position
of
direct
21
authority
over
the
student.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
expands
the
Code
provision
that
establishes
the
26
criminal
offense
of
sexual
exploitation
by
a
school
employee
27
to
include
a
person
employed
by
a
school
district
full-time,
28
part-time,
or
as
a
substitute;
and
a
person
who
performs
29
services
as
a
volunteer
or
contract
employee
for
a
school
30
district
and
who
has
significant
contact
with
students.
31
However,
under
the
bill,
“school
employee”
does
not
include
32
a
student
enrolled
in
a
school
district.
A
person
who
would
33
otherwise
meet
the
definition
of
school
employee
shall
not
be
34
considered
a
school
employee
if
the
person
is
less
than
four
35
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2011
years
older
than
the
student
and
is
not
in
a
position
of
direct
1
authority
over
the
student.
2
Currently,
a
school
employee
is
defined
to
include
any
3
practitioner
or
coach
who
is
licensed
or
authorized
by
the
4
board
of
educational
examiners.
The
current
definition
does
5
not
limit
employment
to
a
public
or
nonpublic
school.
6
A
person
who
commits
sexual
exploitation
by
a
school
7
employee
in
violation
of
Code
section
709.15(3)
commits
either
8
an
aggravated
misdemeanor,
which
is
punishable
by
confinement
9
for
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
10
more
than
$6,250;
or
a
class
“D”
felony,
which
is
punishable
11
by
confinement
for
no
more
than
five
years
and
a
fine
of
at
12
least
$750
but
not
more
than
$7,500.
The
person’s
actions
also
13
constitute
unprofessional
and
unethical
conduct
that
may
result
14
in
disciplinary
action
by
the
board
of
educational
examiners
15
and
the
person
must
register
as
a
sex
offender.
16
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