H.F. 742 Section 1. Section 692A.101, subsection 2, paragraph a, 1 subparagraph (3), Code 2021, is amended to read as follows: 2 (3) Sexual abuse in the third degree in violation of section 3 709.4 , except for a violation of section 709.4, subsection 1 , 4 paragraph “b” , subparagraph (3) (2) , subparagraph division (d). 5 Sec. 2. Section 692A.102, subsection 1, paragraph a, 6 subparagraphs (3) and (4), Code 2021, are amended to read as 7 follows: 8 (3) Sexual abuse in the third degree in violation of section 9 709.4, subsection 1 , paragraph “b” , subparagraph (1) or (2) , if 10 committed by a person under the age of fourteen. 11 (4) Sexual abuse in the third degree in violation of section 12 709.4, subsection 1 , paragraph “b” , subparagraph (3) (2) . 13 Sec. 3. Section 692A.102, subsection 1, paragraph c, 14 subparagraph (11), Code 2021, is amended to read as follows: 15 (11) Sexual abuse in the third degree in violation of 16 section 709.4, subsection 1 , paragraph “b” , subparagraph (1) or 17 (2) , if committed by a person fourteen years of age or older. 18 Sec. 4. Section 692A.121, subsection 2, paragraph b, 19 subparagraph (2), subparagraph division (a), Code 2021, is 20 amended to read as follows: 21 (a) The relevant information about a sex offender who was 22 under twenty years of age at the time the offender committed 23 a violation of section 709.4, subsection 1 , paragraph “b” , 24 subparagraph (3) (2) , subparagraph division (d). 25 Sec. 5. Section 702.11, subsection 2, paragraph c, Code 26 2021, is amended to read as follows: 27 c. Sexual abuse in violation of section 709.4, subsection 1 , 28 paragraph “b” , subparagraph (3) (2) , subparagraph division (d). 29 Sec. 6. Section 709.4, subsection 1, paragraphs a and b, 30 Code 2021, are amended to read as follows: 31 a. The act is done by force , violence, duress, fear of 32 bodily injury, or against the will of the other person, whether 33 or not the other person is the person’s spouse or is cohabiting 34 with the person. As used in this paragraph, “duress” means a 35 -1- LSB 2372YH (7) 89 as/rh 1/ 4

H.F. 742 direct or implied threat of force, violence, or retribution 1 sufficient to coerce a reasonable person to perform or 2 acquiesce to the act. 3 b. The act is between persons who are not at the time 4 cohabiting as husband and wife and if any of the following are 5 true: 6 (1) The other person is suffering from a mental defect or 7 incapacity which precludes giving consent. 8 (2) (1) The other person is twelve or thirteen years of 9 age. 10 (3) (2) The other person is fourteen or fifteen years of 11 age and any of the following are true: 12 (a) The person is a member of the same household as the 13 other person. 14 (b) The person is related to the other person by blood or 15 affinity to the fourth degree. 16 (c) The person is in a position of authority over the other 17 person and uses that authority to coerce the other person to 18 submit. 19 (d) The person is four or more years older than the other 20 person. 21 Sec. 7. Section 709.4, subsection 1, paragraph d, Code 2021, 22 is amended to read as follows: 23 d. The act is performed while the other person is precluded 24 from giving consent due to being mentally incapacitated , or is 25 physically incapacitated , or physically helpless. 26 Sec. 8. Section 709.4, subsection 1, Code 2021, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . e. The act is between persons who are 29 spouses or in an intimate relationship as defined in section 30 263.2 and if any of the following are true: 31 (1) The act is performed while the other person is 32 unconscious of the nature of the act and this is known by the 33 person. As used in this paragraph, “unconscious of the nature 34 of the act” means incapable of resisting because the person is 35 -2- LSB 2372YH (7) 89 as/rh 2/ 4

H.F. 742 unconscious or asleep. 1 (2) The act is performed against the other person’s will by 2 threat of future retaliation against the other person or any 3 other person and it is reasonable to believe that the person 4 will act upon the threat. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to sexual abuse in the third degree. 9 Current law provides that a person commits sexual abuse 10 in the third degree when the person performs a sex act and 11 the act is between persons who are not at the time cohabiting 12 as husband and wife and the other person is suffering from a 13 mental defect or incapacity which precludes giving consent. 14 The bill provides that a person commits sexual abuse in the 15 third degree when the act is done by force, violence, duress, 16 fear of bodily injury, or against the will of the other person, 17 whether or not the other person is the person’s spouse or is 18 cohabiting with the person. “Duress” is defined as a direct or 19 implied threat of force, violence, or retribution sufficient to 20 coerce a reasonable person to perform or acquiesce to the act. 21 The bill provides that a person commits sexual abuse in the 22 third degree when the person performs a sex act and the act 23 is performed while the other person is precluded from giving 24 consent due to being mentally incapacitated or is physically 25 incapacitated or physically helpless. The bill provides that a 26 person commits sexual abuse in the third degree when the act is 27 between persons who are spouses or in an intimate relationship 28 and if any of the following are true: the act is performed 29 while the other person is unconscious of the nature of the act 30 and this is known by the person or the act is performed against 31 the other person’s will by threat of future retaliation against 32 the other person or any other person and it is reasonable to 33 believe that the person will act upon the threat. “Unconscious 34 of the nature of the act” is defined as incapable of resisting 35 -3- LSB 2372YH (7) 89 as/rh 3/ 4

H.F. 742 because the person is unconscious or asleep. Sexual abuse 1 in the third degree is a class “C” felony punishable by 2 confinement for no more than 10 years and a fine of at least 3 $1,037 but no more than $13,660. 4 The bill makes conforming Code changes to Code sections 5 692A.101 (definition of aggravated offense against a minor), 6 692A.102 (sex offense classifications), 692A.121 (access to sex 7 offender information), and 702.11 (forcible felony) to apply 8 the numbering changes the bill makes to Code section 709.4. 9 -4- LSB 2372YH (7) 89 as/rh 4/ 4