SF 2322 (LSB 5316SV (2) 88)

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 child and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  709.23  Continuous sexual abuse of a child.
   1.  A person eighteen years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse in violation of section 709.3, 709.4, 709.8, or 709.12, with the same child, and at least thirty days have elapsed between the first and last acts of sexual abuse. 
   2.  A person who commits continuous sexual abuse of a child is, upon conviction, guilty of a class “B” felony. Notwithstanding section 902.9, subsection 1, paragraph “b”, a person convicted of a violation of this subsection involving any combination of three or more acts of sexual abuse that includes a violation of section 709.3 or 709.4 shall be confined for no more than fifty years.
   3.  If a jury is the trier of fact, members of the jury must unanimously agree that three or more acts of sexual abuse in violation of section 709.3, 709.4, 709.8, or 709.12 were committed with the same child and at least thirty days have elapsed between the first and last acts of sexual abuse. The jury does not need to unanimously agree which specific acts were committed or the exact date when those acts were committed. 
   4.  Any other sexual abuse offense involving the same child shall not be charged in the same proceeding as a charge under this section unless the other sexual abuse offense occurred outside of the time period charged under this section or the other sexual abuse offense is charged in the alternative.
   5.  A person shall be charged with only one count under this section unless more than one child is involved in the offense. If more than one child is involved, a separate count may be charged for each child.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates a new criminal offense of continuous sexual abuse of a child.
   Under the bill, a person 18 years of age or older commits continuous sexual abuse of a child when the victim is a child, defined as a person under the age of 14 pursuant to Code section 702.5, at least 30 days have elapsed between the first and last acts of sexual abuse, and the person engages in three or more acts of sexual abuse in violation of Code section 709.3 (sexual abuse in the second degree), 709.4 (sexual abuse in the third degree), 709.8 (lascivious acts with a child), or 709.12 (indecent contact with a child). A person who commits a violation of the bill is, upon conviction, guilty of a class “B” felony. The bill allows a court to sentence a person to no more than 50 years, longer than the maximum sentence for a class “B” felony specified in Code section 902.9 (25 years), if the combination of offenses includes a violation of section 709.3 or 709.4. If a jury is the trier of fact, members of the jury must unanimously agree that three or more acts in violation of the bill were committed with the same child and at least 30 days have elapsed between the first and last acts of sexual abuse, but the jury does not need to unanimously agree which specific acts were committed or the exact date when those acts were committed. 
   The bill provides that a person charged with the offense of continuous sexual abuse of a child shall not be charged with any other sexual abuse offenses involving the same child in the same proceeding unless the other sexual abuse offense occurred outside of the time period charged or the other sexual abuse offense is charged in the alternative. A person shall be charged with only one count under the bill unless more than one child is involved in the offense. If more than one child is involved, a separate count may be charged for each child.