Senate File 2322 - Introduced SENATE FILE 2322 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3064) A BILL FOR An Act creating the offense of continuous sexual abuse of a 1 child and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5316SV (2) 88 hf/rh

S.F. 2322 Section 1. NEW SECTION . 709.23 Continuous sexual abuse of a 1 child. 2 1. A person eighteen years of age or older commits 3 continuous sexual abuse of a child when the person engages 4 in any combination of three or more acts of sexual abuse in 5 violation of section 709.3, 709.4, 709.8, or 709.12, with the 6 same child, and at least thirty days have elapsed between the 7 first and last acts of sexual abuse. 8 2. A person who commits continuous sexual abuse of a 9 child is, upon conviction, guilty of a class “B” felony. 10 Notwithstanding section 902.9, subsection 1, paragraph “b” , a 11 person convicted of a violation of this subsection involving 12 any combination of three or more acts of sexual abuse that 13 includes a violation of section 709.3 or 709.4 shall be 14 confined for no more than fifty years. 15 3. If a jury is the trier of fact, members of the jury 16 must unanimously agree that three or more acts of sexual 17 abuse in violation of section 709.3, 709.4, 709.8, or 709.12 18 were committed with the same child and at least thirty days 19 have elapsed between the first and last acts of sexual abuse. 20 The jury does not need to unanimously agree which specific 21 acts were committed or the exact date when those acts were 22 committed. 23 4. Any other sexual abuse offense involving the same child 24 shall not be charged in the same proceeding as a charge under 25 this section unless the other sexual abuse offense occurred 26 outside of the time period charged under this section or the 27 other sexual abuse offense is charged in the alternative. 28 5. A person shall be charged with only one count under this 29 section unless more than one child is involved in the offense. 30 If more than one child is involved, a separate count may be 31 charged for each child. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5316SV (2) 88 hf/rh 1/ 2

S.F. 2322 This bill creates a new criminal offense of continuous 1 sexual abuse of a child. 2 Under the bill, a person 18 years of age or older commits 3 continuous sexual abuse of a child when the victim is a child, 4 defined as a person under the age of 14 pursuant to Code 5 section 702.5, at least 30 days have elapsed between the first 6 and last acts of sexual abuse, and the person engages in three 7 or more acts of sexual abuse in violation of Code section 709.3 8 (sexual abuse in the second degree), 709.4 (sexual abuse in 9 the third degree), 709.8 (lascivious acts with a child), or 10 709.12 (indecent contact with a child). A person who commits a 11 violation of the bill is, upon conviction, guilty of a class 12 “B” felony. The bill allows a court to sentence a person to 13 no more than 50 years, longer than the maximum sentence for a 14 class “B” felony specified in Code section 902.9 (25 years), 15 if the combination of offenses includes a violation of section 16 709.3 or 709.4. If a jury is the trier of fact, members of 17 the jury must unanimously agree that three or more acts in 18 violation of the bill were committed with the same child and at 19 least 30 days have elapsed between the first and last acts of 20 sexual abuse, but the jury does not need to unanimously agree 21 which specific acts were committed or the exact date when those 22 acts were committed. 23 The bill provides that a person charged with the offense 24 of continuous sexual abuse of a child shall not be charged 25 with any other sexual abuse offenses involving the same child 26 in the same proceeding unless the other sexual abuse offense 27 occurred outside of the time period charged or the other sexual 28 abuse offense is charged in the alternative. A person shall 29 be charged with only one count under the bill unless more than 30 one child is involved in the offense. If more than one child is 31 involved, a separate count may be charged for each child. 32 -2- LSB 5316SV (2) 88 hf/rh 2/ 2