Senate
File
524
-
Introduced
SENATE
FILE
524
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
380)
A
BILL
FOR
An
Act
relating
to
sexual
exploitation
by
a
youth
athletics
1
coach
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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524
Section
1.
Section
614.1,
subsection
12,
Code
2019,
is
1
amended
to
read
as
follows:
2
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
3
therapist,
or
school
employee
,
or
youth
athletics
coach
.
An
4
action
for
damages
for
injury
suffered
as
a
result
of
sexual
5
abuse,
as
defined
in
section
709.1
,
by
a
counselor,
therapist,
6
or
school
employee
,
or
youth
athletics
coach
,
as
defined
in
7
section
709.15
,
or
as
a
result
of
sexual
exploitation
by
a
8
counselor,
therapist,
or
school
employee
,
or
youth
athletics
9
coach
shall
be
brought
within
five
years
of
the
date
the
victim
10
was
last
treated
by
the
counselor
or
therapist,
or
within
five
11
years
of
the
date
the
victim
was
last
enrolled
in
or
attended
12
the
school.
13
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
b,
14
subparagraph
(11),
Code
2019,
is
amended
to
read
as
follows:
15
(11)
Sexual
exploitation
by
a
counselor,
therapist,
or
16
school
employee
,
or
youth
athletics
coach
in
violation
of
17
section
709.15
,
if
the
victim
is
thirteen
years
of
age
or
18
older.
19
Sec.
3.
Section
692A.102,
subsection
1,
paragraph
c,
20
subparagraph
(27),
Code
2019,
is
amended
to
read
as
follows:
21
(27)
Sexual
exploitation
by
a
counselor,
therapist,
or
22
school
employee
,
or
youth
athletics
coach
in
violation
of
23
section
709.15
,
if
the
child
is
under
thirteen
years
of
age.
24
Sec.
4.
Section
702.11,
subsection
2,
paragraph
d,
Code
25
2019,
is
amended
to
read
as
follows:
26
d.
Sexual
exploitation
by
a
counselor,
therapist,
or
school
27
employee
,
or
youth
athletics
coach
in
violation
of
section
28
709.15
.
29
Sec.
5.
Section
709.15,
subsection
1,
Code
2019,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
h.
“Youth
athletics
coach”
means
a
person
32
who
is
not
a
school
employee,
whether
paid
or
unpaid,
who
33
coaches,
or
is
an
assistant
coach
of,
a
youth
athletics
team
34
comprised
of
students,
or
an
individual
student
athlete,
35
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524
whether
informal
or
formal.
1
Sec.
6.
Section
709.15,
Code
2019,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3A.
a.
Sexual
exploitation
by
a
youth
4
athletics
coach
occurs
when
any
of
the
following
are
found:
5
(1)
A
pattern
or
practice
or
scheme
of
conduct
to
engage
in
6
any
of
the
conduct
described
in
subparagraph
(2).
7
(2)
Any
sexual
conduct
with
a
student
for
the
purpose
8
of
arousing
or
satisfying
the
sexual
desires
of
the
youth
9
athletics
coach
or
the
student.
Sexual
conduct
includes
but
is
10
not
limited
to
the
following:
11
(a)
Kissing.
12
(b)
Touching
of
the
clothed
or
unclothed
inner
thigh,
13
breast,
groin,
buttock,
anus,
pubes,
or
genitals.
14
(c)
A
sex
act
as
defined
in
section
702.17.
15
b.
Sexual
exploitation
by
a
youth
athletics
coach
does
not
16
include
touching
that
is
necessary
in
the
performance
of
the
17
youth
athletics
coach’s
duties
including
caring
for
an
injured
18
athlete.
19
Sec.
7.
Section
709.15,
Code
2019,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
6.
a.
A
youth
athletics
coach
who
commits
22
sexual
exploitation
in
violation
of
subsection
3A,
paragraph
23
“a”
,
subparagraph
(1),
commits
a
class
“D”
felony.
24
b.
A
youth
athletics
coach
who
commits
sexual
exploitation
25
in
violation
of
subsection
3A,
paragraph
“a”
,
subparagraph
(2),
26
commits
an
aggravated
misdemeanor.
27
Sec.
8.
Section
802.2A,
subsection
2,
Code
2019,
is
amended
28
to
read
as
follows:
29
2.
An
indictment
or
information
for
sexual
exploitation
by
30
a
counselor,
therapist,
or
school
employee
,
or
youth
athletics
31
coach
under
section
709.15
committed
on
or
with
a
person
who
is
32
under
the
age
of
eighteen
shall
be
found
within
ten
years
after
33
the
person
upon
whom
the
offense
is
committed
attains
eighteen
34
years
of
age.
An
information
or
indictment
for
any
other
35
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524
sexual
exploitation
shall
be
found
within
ten
years
of
the
date
1
the
victim
was
last
treated
by
the
counselor
or
therapist,
or
2
within
ten
years
of
the
date
the
victim
was
enrolled
in
or
3
attended
the
school.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
sexual
exploitation
by
a
youth
8
athletics
coach
and
provides
penalties.
9
The
bill
amends
Code
section
709.15
(sexual
exploitation
by
10
a
counselor,
therapist,
or
school
employee)
to
include
youth
11
athletics
coaches.
The
bill
defines
“youth
athletics
coach”
12
to
mean
a
person
who
is
not
a
school
employee,
whether
paid
13
or
unpaid,
who
coaches,
or
is
an
assistant
coach
of,
a
youth
14
athletics
team
comprised
of
students,
or
an
individual
student
15
athlete,
whether
informal
or
formal.
16
The
bill
provides
that
there
are
two
alternative
means
17
of
committing
the
offense
of
sexual
exploitation
by
a
youth
18
athletics
coach.
Sexual
exploitation
by
a
youth
athletics
19
coach
occurs
when
the
youth
athletics
coach
engages
in
a
20
pattern
or
practice
or
scheme
of
conduct
to
engage
in
any
21
sexual
conduct
with
a
student
for
the
purpose
of
arousing
or
22
satisfying
the
sexual
desires
of
the
youth
athletics
coach
or
23
the
student,
or
engages
in
any
sexual
conduct
with
a
student
24
for
the
purpose
of
arousing
or
satisfying
the
sexual
desires
of
25
the
youth
athletics
coach
or
the
student.
“Sexual
conduct”
is
26
defined
to
include
but
is
not
limited
to
kissing;
touching
of
27
the
clothed
or
unclothed
inner
thigh,
breast,
groin,
buttock,
28
anus,
pubes,
or
genitals;
or
a
sex
act
as
defined
in
Code
29
section
702.17.
The
bill
provides
that
sexual
exploitation
30
by
a
youth
athletics
coach
does
not
include
touching
that
is
31
necessary
in
the
performance
of
the
youth
athletics
coach’s
32
duties
including
caring
for
an
injured
athlete.
33
The
bill
provides
that
a
youth
athletics
coach
who
engages
34
in
a
pattern
or
practice
or
scheme
of
conduct
to
engage
in
such
35
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524
sexual
conduct
with
a
student
commits
a
class
“D”
felony.
A
1
youth
athletics
coach
commits
an
aggravated
misdemeanor
if
the
2
youth
athletics
coach
engages
in
such
sexual
conduct
with
a
3
student.
A
class
“D”
felony
is
punishable
by
confinement
for
4
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
5
more
than
$7,500.
An
aggravated
misdemeanor
is
punishable
by
6
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
7
$625
but
not
more
than
$6,250.
8
A
person
who
violates
the
bill
is
also
subject
to
a
special
9
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
10
punishment
in
addition
to
the
punishment
for
the
underlying
11
criminal
offense
committing
the
person
into
the
custody
of
the
12
director
of
the
Iowa
department
of
corrections
for
a
period
13
of
10
years.
A
person
serving
a
special
sentence
begins
the
14
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
15
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
16
first
revocation
and
five
years
for
any
second
or
subsequent
17
revocation.
18
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
19
offender
under
Code
section
692A.102(1)(b)(11)
if
the
child
is
20
13
years
of
age
or
older,
or
a
tier
III
sex
offender
under
Code
21
section
692A.102(1)(c)(27)
if
the
child
is
under
13
years
of
22
age,
and
is
required
to
register
as
a
sex
offender
under
Code
23
section
692A.103.
24
A
person
who
violates
the
bill
is
also
subject
to
a
25
no-contact
order
upon
release
from
jail
or
prison
under
Code
26
section
709.19,
and
hormonal
intervention
therapy
under
Code
27
section
903B.10(3)(h).
28
The
bill
makes
conforming
Code
changes
to
Code
sections
29
614.1
and
802.2A
(statute
of
limitations
periods)
and
702.11
30
(definition
of
forcible
felony).
31
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