House File 388 - Introduced HOUSE FILE 388 BY FISHER A BILL FOR An Act relating to the commission of sexual abuse in the third 1 degree with persons who are sixteen or seventeen years of 2 age, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2133YH (2) 87 jm/rj

H.F. 388 Section 1. Section 709.4, subsection 1, paragraph b, 1 subparagraph (3), unnumbered paragraph 1, Code 2017, is amended 2 to read as follows: 3 The other person is fourteen , or fifteen years , sixteen, or 4 seventeen of age and any of the following are true: 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the commission of sexual abuse in the 9 third degree with persons who are 16 or 17 years of age. 10 Currently, a person who commits a sex act with a 14-year-old 11 or 15-year-old commits sexual abuse in the third degree under 12 any of the following circumstances: the person is a member 13 of the same household as the 14-year-old or 15-year-old; the 14 person is related to the 14-year-old or 15-year-old by blood 15 or affinity to the fourth degree; the person is in a position 16 of authority over the 14-year-old or 15-year-old and uses that 17 authority to coerce the 14-year-old or 15-year-old to submit; 18 or the person is four or more years older than the 14-year-old 19 or 15-year-old person. 20 Under the bill, a person who commits a sex act with a 21 14-year-old, 15-year-old, 16-year-old, or 17-year-old commits 22 sexual abuse in the third degree under any of the following 23 circumstances: the person is a member of the same household as 24 the 14-year-old, 15-year-old, 16-year-old, or 17-year-old; the 25 person is related to the 14-year-old, 15-year-old, 16-year-old, 26 or 17-year-old by blood or affinity to the fourth degree; the 27 person is in a position of authority over the 14-year-old, 28 15-year-old, 16-year-old, or 17-year-old and uses that 29 authority to coerce the 14-year-old, 15-year-old, 16-year-old, 30 or 17-year-old to submit; or the person is four or more years 31 older than the 14-year-old, 15-year-old, 16-year-old, or 32 17-year-old person. 33 The bill essentially makes a sex act with a 16-year-old 34 or 17-year-old under the circumstances specified in the bill 35 -1- LSB 2133YH (2) 87 jm/rj 1/ 2

H.F. 388 a sexual abuse in the third degree violation. A person who 1 commits sexual abuse in the third degree commits a class “C” 2 felony. A class “C” felony is punishable by confinement for no 3 more than 10 years and a fine of at least $1,000 but not more 4 than $10,000. 5 A person who commits sexual abuse in the third degree must 6 register as a sex offender under Code chapter 692A and is also 7 subject to a special life sentence of parole under Code section 8 903B.1. 9 The bill impacts Code sections 321.375 (school bus 10 drivers), 664A.2 (no-contact orders), 692A.101 (definition of 11 aggravated offense against a minor), 692A.102 (sex offense 12 classification), 702.11 (forcible felony), 709.19 (no-contact 13 order-release from jail or prison), 902.14 (enhanced penalty), 14 903B.10 (hormonal intervention therapy), and 906.15 (discharge 15 from parole). 16 -2- LSB 2133YH (2) 87 jm/rj 2/ 2