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 TLSB 2679SV (1) 88 as/rh
S.F. 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 -1- LSB 2679SV (1) 88 as/rh 1/ 4
S.F. 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 -2- LSB 2679SV (1) 88 as/rh 2/ 4
S.F. 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 -3- LSB 2679SV (1) 88 as/rh 3/ 4
S.F. 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 -4- LSB 2679SV (1) 88 as/rh 4/ 4