Senate File 377 - Introduced SENATE FILE 377 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1161) A BILL FOR An Act relating to the commission of a crime with sexual 1 intent, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1816SV (4) 86 jm/nh

S.F. 377 Section 1. Section 692A.101, subsection 1, paragraph a, 1 subparagraph (5), Code 2015, is amended to read as follows: 2 (5) Assault with sexual intent to commit sexual abuse in 3 violation of section 709.11 . 4 Sec. 2. Section 692A.101, subsection 30, paragraph b, Code 5 2015, is amended to read as follows: 6 b. Assault with sexual intent to commit sexual abuse in 7 violation of section 709.11 . 8 Sec. 3. Section 692A.102, subsection 1, paragraph b, 9 subparagraph (6), Code 2015, is amended to read as follows: 10 (6) Assault with sexual intent to commit sexual abuse if no 11 injury results in violation of section 709.11 . 12 Sec. 4. Section 692A.102, subsection 1, paragraph c, 13 subparagraph (15), Code 2015, is amended to read as follows: 14 (15) Assault with sexual intent to commit sexual abuse 15 resulting in serious or bodily injury in violation of section 16 709.11 . 17 Sec. 5. Section 708.2, Code 2015, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 7. A person who commits an assault, as 20 defined in section 708.1, by touching the breast of another, 21 whether or not the touching was through the clothing or other 22 covering, is guilty of a serious misdemeanor. 23 Sec. 6. Section 709.11, Code 2015, is amended to read as 24 follows: 25 709.11 Assault with sexual intent to commit sexual abuse . 26 1. Any person who commits an assault, as defined in section 27 708.1 , with the intent to commit sexual abuse: 28 1. a. Is guilty of a class “C” felony if the person thereby 29 causes serious injury to any person. 30 2. b. Is guilty of a class “D” felony if the person thereby 31 causes any person a bodily injury other than a serious injury. 32 3. c. Is guilty of an aggravated misdemeanor if no injury 33 results. 34 2. Any person who commits an assault, as defined in section 35 -1- LSB 1816SV (4) 86 jm/nh 1/ 3

S.F. 377 708.1, by touching the breast of another, whether or not the 1 touching was through the clothing or other covering, with the 2 intent to arouse or gratify the sexual desire of either party, 3 or for the purpose of sexually degrading or humiliating the 4 other person: 5 a. Is guilty of a class “C” felony if the person thereby 6 causes serious injury to any person. 7 b. Is guilty of a class “D” felony if the person thereby 8 causes any person a bodily injury other than a serious injury. 9 c. Is guilty of an aggravated misdemeanor if no injury 10 results. 11 Sec. 7. Section 802.2B, subsection 2, Code 2015, is amended 12 to read as follows: 13 2. Assault with sexual intent to commit sexual abuse in 14 violation of section 709.11 . 15 Sec. 8. Section 903B.10, subsection 3, paragraph e, Code 16 2015, is amended to read as follows: 17 e. Assault with sexual intent, in violation of section 18 709.11 . 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the commission of an assault with sexual 23 intent. 24 The bill provides that a person who commits an assault 25 as defined in Code section 708.1, by touching the breast of 26 another, whether or not the touching was through the clothing 27 or other covering, with the intent to arouse or gratify the 28 sexual desires of either party, or for purposes of sexually 29 degrading or humiliating the other person, commits assault with 30 sexual intent. 31 Under the bill, a person who commits assault with sexual 32 intent commits a class “C” felony if the person causes serious 33 injury to any person, a class “D” felony if the person causes 34 bodily injury, and an aggravated misdemeanor if no injury 35 -2- LSB 1816SV (4) 86 jm/nh 2/ 3

S.F. 377 results. A person who commits an assault with sexual intent 1 under the bill must register as a sex offender and is subject 2 to a special sentence under Code section 903B.1 or 903B.2 3 depending on the severity of the offense. 4 If a person touches the breast of another and commits an 5 assault as defined in Code section 708.1, whether or not the 6 touching was through the clothing or other covering, and the 7 touching is without the intent to arouse or gratify the sexual 8 desires of either party and not for the purpose of sexually 9 degrading or humiliating the other person, the person commits 10 a serious misdemeanor. 11 The bill also makes numerous conforming changes in Code 12 chapter 692A. 13 -3- LSB 1816SV (4) 86 jm/nh 3/ 3