House
File
2248
-
Introduced
HOUSE
FILE
2248
BY
KAUFMANN
A
BILL
FOR
An
Act
establishing
the
offense
of
sexual
activity
with
an
1
individual
sixteen
or
seventeen
years
of
age,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2248
Section
1.
NEW
SECTION
.
709.4A
Sexual
activity
with
a
1
person
sixteen
or
seventeen
years
of
age.
2
A
person
who
engages
in
sexual
activity
with
another
person
3
who
is
sixteen
or
seventeen
years
of
age
is
guilty
of
an
4
aggravated
misdemeanor
if
the
other
person
is
not
at
the
time
5
cohabiting
with
the
person
as
the
person’s
spouse
and
the
6
person
is
twenty-seven
years
of
age
or
older.
7
Sec.
2.
Section
903B.2,
Code
2020,
is
amended
to
read
as
8
follows:
9
903B.2
Special
sentence
——
class
“D”
felonies
or
10
misdemeanors.
11
A
person
convicted
of
a
misdemeanor
or
a
class
“D”
felony
12
offense
under
chapter
709
,
except
for
a
conviction
under
13
section
709.4A,
section
726.2
,
or
section
728.12
shall
also
be
14
sentenced,
in
addition
to
any
other
punishment
provided
by
law,
15
to
a
special
sentence
committing
the
person
into
the
custody
16
of
the
director
of
the
Iowa
department
of
corrections
for
a
17
period
of
ten
years,
with
eligibility
for
parole
as
provided
in
18
chapter
906
.
The
board
of
parole
shall
determine
whether
the
19
person
should
be
released
on
parole
or
placed
in
a
work
release
20
program.
The
special
sentence
imposed
under
this
section
shall
21
commence
upon
completion
of
the
sentence
imposed
under
any
22
applicable
criminal
sentencing
provisions
for
the
underlying
23
criminal
offense
and
the
person
shall
begin
the
sentence
under
24
supervision
as
if
on
parole
or
work
release.
The
person
shall
25
be
placed
on
the
corrections
continuum
in
chapter
901B
,
and
26
the
terms
and
conditions
of
the
special
sentence,
including
27
violations,
shall
be
subject
to
the
same
set
of
procedures
set
28
out
in
chapters
901B
,
905
,
906
,
and
908
,
and
rules
adopted
29
under
those
chapters
for
persons
on
parole
or
work
release.
30
The
revocation
of
release
shall
not
be
for
a
period
greater
31
than
two
years
upon
any
first
revocation,
and
five
years
upon
32
any
second
or
subsequent
revocation.
A
special
sentence
33
shall
be
considered
a
category
“A”
sentence
for
purposes
of
34
calculating
earned
time
under
section
903A.2
.
35
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2248
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
establishes
the
offense
of
sexual
activity
with
an
4
individual
16
or
17
years
of
age,
and
provides
penalties.
5
The
bill
provides
that
a
person
who
engages
in
sexual
6
activity
with
another
person
who
is
16
or
17
years
of
age
is
7
guilty
of
an
aggravated
misdemeanor
if
the
other
person
is
not
8
at
the
time
cohabiting
with
the
person
as
the
person’s
spouse
9
and
the
person
is
27
years
of
age
or
older.
Sexual
activity
is
10
defined
in
Code
section
702.17
as
any
sexual
contact
between
11
two
or
more
persons
by
any
of
the
following:
penetration
of
12
the
penis
into
the
vagina
or
anus;
contact
between
the
mouth
13
and
genitalia
or
by
contact
between
the
genitalia
of
one
person
14
and
the
genitalia
or
anus
of
another
person;
contact
between
15
the
finger
or
hand
of
one
person
and
the
genitalia
or
anus
16
of
another
person,
except
in
the
course
of
examination
or
17
treatment
by
a
licensed
person;
ejaculation
onto
the
person
of
18
another;
or
by
use
of
artificial
sexual
organs
or
substitutes
19
therefor
in
contact
with
the
genitalia
or
anus.
20
An
aggravated
misdemeanor
is
punishable
by
confinement
for
21
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
22
than
$6,250.
23
The
bill
provides
that
a
person
convicted
of
sexual
activity
24
with
an
individual
16
or
17
years
of
age
is
not
subject
to
a
25
special
sentence
committing
the
person
into
the
custody
of
the
26
director
of
the
Iowa
department
of
corrections
for
a
period
of
27
10
years.
28
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