Senate
File
2230
-
Introduced
SENATE
FILE
2230
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3026)
A
BILL
FOR
An
Act
relating
to
kidnapping
in
the
second
degree,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
2230
Section
1.
Section
710.3,
Code
2018,
is
amended
to
read
as
1
follows:
2
710.3
Kidnapping
in
the
second
degree.
3
1.
Kidnapping
where
the
purpose
is
to
hold
the
victim
4
for
ransom
,
or
where
the
kidnapper
is
armed
with
a
dangerous
5
weapon
,
or
where
the
victim
is
under
eighteen
years
of
age
6
other
than
a
kidnapping
by
a
parent
or
legal
guardian
whose
7
sole
purpose
of
the
kidnapping
is
to
assume
custody
of
a
victim
8
under
eighteen
years
of
age,
is
kidnapping
in
the
second
9
degree.
Kidnapping
in
the
second
degree
is
a
class
“B”
felony.
10
2.
For
purposes
of
determining
whether
the
person
should
11
register
as
a
sex
offender
pursuant
to
the
provisions
of
12
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
13
provided
in
section
692A.126
.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
kidnapping
in
the
second
degree.
The
18
criminal
offense
of
kidnapping
is
defined
in
Code
section
19
710.1.
20
Under
the
bill,
a
person
commits
kidnapping
in
the
second
21
degree
when
the
victim
is
under
18
years
of
age,
except
that
22
it
is
not
kidnapping
in
the
second
degree
when
the
kidnapping
23
is
by
a
parent
or
legal
guardian
whose
sole
purpose
of
the
24
kidnapping
is
to
assume
custody
of
the
victim
under
18
years
25
of
age.
Currently,
a
person
commits
kidnapping
in
the
second
26
degree
when
a
person
kidnaps
another
person
and
holds
that
27
person
for
ransom
or
when
the
kidnapper
is
armed
with
a
28
dangerous
weapon.
29
A
person
who
commits
kidnapping
in
the
second
degree
commits
30
a
class
“B”
forcible
felony.
A
person
who
commits
a
forcible
31
felony
is
ineligible
to
receive
a
deferred
judgment
or
sentence
32
or
suspended
sentence
under
Code
section
907.3.
33
A
class
“B”
felony
is
punishable
by
confinement
for
no
more
34
than
25
years.
A
person
who
commits
kidnapping
in
the
second
35
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2230
degree
accumulates
reduced
earned
time
under
Code
section
1
903A.2
and
must
serve
a
minimum
sentence
of
at
least
70
percent
2
of
the
sentence
prior
to
being
eligible
for
parole.
3
A
person
who
commits
kidnapping
in
the
second
degree
under
4
the
bill
must
also
register
as
a
tier
III
sex
offender
under
5
Code
chapter
692A
if
a
determination
is
made
that
the
offense
6
was
sexually
motivated.
7
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