House Study Bill 23 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the criminal offense of lascivious conduct 1 with a minor, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1745YC (2) 88 as/rh

H.F. _____ Section 1. Section 709.14, Code 2019, is amended by striking 1 the section and inserting in lieu thereof the following: 2 709.14 Lascivious conduct with a minor. 3 1. a. It is unlawful for a person eighteen years of age 4 or older who is in a position of authority over a minor to 5 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. For purposes of subsections 3 and 4, “minor” means a 10 person fourteen or fifteen years of age. 11 3. a. It is unlawful for a person eighteen years of age 12 or older who is in a position of authority over a minor to 13 perform any of the following acts with a minor, with or without 14 consent, for the purpose of arousing or satisfying the sexual 15 desires of either of them: 16 (1) Fondle or touch the inner thigh, groin, buttock, anus, 17 or breast of the minor. 18 (2) Touch the clothing covering the immediate area of the 19 inner thigh, groin, buttock, anus, or breast of the minor. 20 (3) Solicit or permit the minor to fondle or touch the inner 21 thigh, groin, buttock, anus, or breast of the person. 22 (4) Solicit the minor to engage in any act prohibited under 23 subsection 4, paragraph “a” , subparagraph (1), (2), or (3). 24 b. A violation of this subsection is a serious misdemeanor. 25 4. a. It is unlawful for a person eighteen years of age 26 or older who is in a position of authority over a minor to 27 perform any of the following acts with a minor, with or without 28 consent, for the purpose of arousing or satisfying the sexual 29 desires of either of them: 30 (1) Fondle or touch the pubes or genitals of the minor. 31 (2) Permit or cause the minor to fondle or touch the 32 person’s genitals or pubes. 33 (3) Cause the touching of the person’s genitals to any part 34 of the body of the minor. 35 -1- LSB 1745YC (2) 88 as/rh 1/ 3

H.F. _____ (4) Solicit the minor to engage in a sex act or solicit a 1 person to arrange a sex act with the minor. 2 (5) Inflict pain or discomfort upon the minor or permit the 3 minor to inflict pain or discomfort on the person. 4 b. A violation of this subsection is an aggravated 5 misdemeanor. 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 The bill defines “minor” to mean a person fourteen or fifteen 12 years of age. 13 Under the bill, a person commits lascivious conduct with a 14 minor when a person over 18 years of age who is in a position of 15 authority over a minor performs any of the following acts with 16 a minor, with or without consent, for the purpose of arousing 17 or satisfying the sexual desires of either of them: fondle 18 or touch the inner thigh, groin, buttock, anus, or breast of 19 the minor; touch the clothing covering the immediate area of 20 the inner thigh, groin, buttock, anus, or breast of the minor; 21 solicit or permit the minor to fondle or touch the inner thigh, 22 groin, buttock, anus, or breast of the person; or solicit the 23 minor to engage in certain acts prohibited by the bill in Code 24 section 709.14(3)(a)(1),(2), or (3). A person who violates 25 this provision commits a serious misdemeanor. 26 A person commits lascivious conduct with a minor when a 27 person over 18 years of age who is in a position of authority 28 over a minor performs any of the following acts with a minor, 29 with or without consent, for the purpose of arousing or 30 satisfying the sexual desires of either of them: fondle or 31 touch the pubes or genitals of the minor; permit or cause 32 the minor to fondle or touch the person’s genitals or pubes; 33 cause the touching of the person’s genitals to any part of the 34 body of the minor; solicit the minor to engage in a sex act 35 -2- LSB 1745YC (2) 88 as/rh 2/ 3

H.F. _____ or solicit a person to arrange a sex act with the minor; or 1 inflict pain or discomfort upon the minor or permit the minor 2 to inflict pain or discomfort on the person. A person who 3 violates this provision commits an aggravated misdemeanor. 4 The bill does not change the current offense of lascivious 5 conduct with a minor which makes it unlawful for a person 6 over 18 years of age who is in a position of authority over 7 any minor, regardless of age, to force, persuade, or coerce a 8 minor, with or without consent, to disrobe or partially disrobe 9 for the purpose of arousing or satisfying the sexual desires of 10 either of them. The current offense is punishable as a serious 11 misdemeanor. 12 A person who violates the bill must register as a sex 13 offender pursuant to Code chapter 692A. 14 -3- LSB 1745YC (2) 88 as/rh 3/ 3