HF 2249 (LSB 5458HV (4) 87)

HOUSE FILE 2249

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 577)

A BILL FOR

An Act relating to the criminal offense of lascivious conduct with a minor, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.14, Code 2018, is amended by striking the section and inserting in lieu thereof the following:
   709.14  Lascivious conduct with a minor.
   1.  a.  It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to force, persuade, or coerce a minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them.
   b.  A violation of this subsection is a serious misdemeanor.
   2.  For purposes of subsections 3 and 4, “minor” means a person fourteen or fifteen years of age.
   3.  a.  It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to perform any of the following acts with a minor, with or without consent, for the purpose of arousing or satisfying the sexual desires of either of them:
   (1)  Fondle or touch the inner thigh, groin, buttock, anus, or breast of the minor.
   (2)  Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast of the minor.
   (3)  Solicit or permit the minor to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person.
   (4)  Solicit the minor to engage in any act prohibited under subsection 4, paragraph “a”, subparagraph (1), (2), or (3).
   b.  A violation of this subsection is a serious misdemeanor. 
   4.  a.  It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to perform any of the following acts with a minor, with or without consent, for the purpose of arousing or satisfying the sexual desires of either of them:
   (1)  Fondle or touch the pubes or genitals of the minor. 
   (2)  Permit or cause the minor to fondle or touch the person’s genitals or pubes.
   (3)  Cause the touching of the person’s genitals to any part of the body of the minor.
   (4)  Solicit the minor to engage in a sex act or solicit a person to arrange a sex act with the minor. 
   (5)  Inflict pain or discomfort upon the minor or permit the minor to inflict pain or discomfort on the person. 
   b.  A violation of this subsection is an aggravated misdemeanor. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of lascivious conduct with a minor or child. 
   The bill defines “minor” to mean a person fourteen or fifteen years of age.
   Under the bill, a person commits lascivious conduct with a minor when a person over 18 years of age who is in a position of authority over a minor performs any of the following acts with a minor, with or without consent, for the purpose of arousing or satisfying the sexual desires of either of them: fondle or touch the inner thigh, groin, buttock, anus, or breast of the minor; touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast of the minor; solicit or permit the minor to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person; or solicit the minor to engage in certain acts prohibited by the bill in Code section 709.14(3)(a)(1),(2), or (3). A person who violates this provision commits a serious misdemeanor. 
   A person commits lascivious conduct with a minor when a person over 18 years of age who is in a position of authority over a minor performs any of the following acts with a minor, with or without consent, for the purpose of arousing or satisfying the sexual desires of either of them: fondle or touch the pubes or genitals of the minor; permit or cause the minor to fondle or touch the person’s genitals or pubes; cause the touching of the person’s genitals to any part of the body of the minor; solicit the minor to engage in a sex act or solicit a person to arrange a sex act with the minor; or inflict pain or discomfort upon the minor or permit the minor to inflict pain or discomfort on the person. A person who violates this provision commits an aggravated misdemeanor. 
   The bill does not change the current offense of lascivious conduct with a minor which makes it unlawful for a person over 18 years of age who is in a position of authority over any minor, regardless of age, to force, persuade, or coerce a minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them. The current offense is punishable as a serious misdemeanor. 
   A person who violates the bill must register as a sex offender pursuant to Code chapter 692A.