House Study Bill 577 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON NUNN) A BILL FOR An Act relating to the criminal offense of lascivious conduct 1 with a minor or child, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5458YC (4) 87 jm/rh

H.F. _____ Section 1. Section 709.14, Code 2018, is amended by striking 1 the section and inserting in lieu thereof the following: 2 709.14 Lascivious conduct with a minor or child. 3 1. a. It is unlawful for a person or child eighteen years 4 of age or older who is in a position of authority over a minor 5 to force, persuade, or coerce a minor, with or without consent, 6 to disrobe or partially disrobe for the purpose of arousing or 7 satisfying the sexual desires of either of them. 8 b. A violation of this subsection is a serious misdemeanor. 9 2. a. It is unlawful for a person eighteen years of age 10 or older who is in a position of authority over a child to 11 perform any of the following acts with a child, with or without 12 consent, for the purpose of arousing or satisfying the sexual 13 desires of either of them: 14 (1) Fondle or touch the inner thigh, groin, buttock, anus, 15 or breast of the child. 16 (2) Touch the clothing covering the immediate area of the 17 inner thigh, groin, buttock, anus, or breast of the child. 18 (3) Solicit or permit the child to fondle or touch the inner 19 thigh, groin, buttock, anus, or breast of the person. 20 (4) Solicit the child to engage in any act prohibited under 21 subsection 3, paragraph “a” , subparagraph (1), (2), or (3). 22 b. A violation of this subsection is a serious misdemeanor. 23 3. a. It is unlawful for a person eighteen years of age 24 or older who is in a position of authority over a child to 25 perform any of the following acts with a child, with or without 26 consent, for the purpose of arousing or satisfying the sexual 27 desires of either of them: 28 (1) Fondle or touch the pubes or genitals of the child. 29 (2) Permit or cause the child to fondle or touch the 30 person’s genitals or pubes. 31 (3) Cause the touching of the person’s genitals to any part 32 of the body of the child. 33 (4) Solicit the child to engage in a sex act or solicit a 34 person to arrange a sex act with the child. 35 -1- LSB 5458YC (4) 87 jm/rh 1/ 3

H.F. _____ (5) Inflict pain or discomfort upon the child or permit the 1 child to inflict pain or discomfort on the person. 2 b. A violation of this subsection is an aggravated 3 misdemeanor. 4 4. For purposes of subsections 2 and 3, “child” means a 5 person fourteen or fifteen years of age. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the criminal offense of lascivious 10 conduct with a minor or child. 11 A person commits lascivious conduct with a minor when a 12 person over 18 years of age who is in a position of authority 13 over a child performs any of the following acts with a child, 14 with or without consent, for the purpose of arousing or 15 satisfying the sexual desires of either of them: fondle or 16 touch the inner thigh, groin, buttock, anus, or breast of the 17 child; touch the clothing covering the immediate area of the 18 inner thigh, groin, buttock, anus, or breast of the child; 19 solicit or permit the child to fondle or touch the inner thigh, 20 groin, buttock, anus, or breast of the person; or solicit the 21 child to engage in certain acts prohibited by the bill in Code 22 section 709.14(3)(a)(1),(2), or (3). A person who violates 23 this provision commits a serious misdemeanor. 24 A person commits lascivious conduct with a child when a 25 person over 18 years of age who is in a position of authority 26 over a child performs any of the following acts with a child, 27 with or without consent, for the purpose of arousing or 28 satisfying the sexual desires of either of them: fondle or 29 touch the pubes or genitals of the child; permit or cause 30 the child to fondle or touch the person’s genitals or pubes; 31 cause the touching of the person’s genitals to any part of the 32 body of the child; solicit the child to engage in a sex act 33 or solicit a person to arrange a sex act with the child; or 34 inflict pain or discomfort upon the child or permit the child 35 -2- LSB 5458YC (4) 87 jm/rh 2/ 3

H.F. _____ to inflict pain or discomfort on the person. A person who 1 violates this provision commits an aggravated misdemeanor. 2 The bill defines “child” as a person 14 or 15 years of age. 3 The bill does not change the current offense of lascivious 4 conduct with a minor which makes it unlawful for a person over 5 18 years of age who is in a position of authority over a minor 6 to force, persuade, or coerce a minor, with or without consent, 7 to disrobe or partially disrobe for the purpose of arousing or 8 satisfying the sexual desires of either of them. The current 9 offense is punishable as a serious misdemeanor. 10 A person convicted of lascivious conduct with a minor or 11 child must register as a sex offender pursuant to Code chapter 12 692A. 13 -3- LSB 5458YC (4) 87 jm/rh 3/ 3