S.F. 372 Section 1. Section 614.1, subsection 12, Code 2021, is 1 amended to read as follows: 2 12. Sexual abuse or sexual exploitation by a counselor, 3 therapist, or school employee , or adult providing training or 4 instruction . An action for damages for injury suffered as 5 a result of sexual abuse, as defined in section 709.1 , by a 6 counselor, therapist, or school employee , or adult providing 7 training or instruction , as defined in section 709.15 , or as 8 a result of sexual exploitation by a counselor, therapist, or 9 school employee , or adult providing training or instruction 10 shall be brought within five years of the date the victim was 11 last treated by the counselor or therapist, or within five 12 years of the date the victim was last enrolled in or attended 13 the school. 14 Sec. 2. Section 692A.102, subsection 1, paragraph b, 15 subparagraph (11), Code 2021, is amended to read as follows: 16 (11) Sexual exploitation by a counselor, therapist, or 17 school employee , or adult providing training or instruction in 18 violation of section 709.15 , if the victim is thirteen years of 19 age or older. 20 Sec. 3. Section 692A.102, subsection 1, paragraph c, 21 subparagraph (28), Code 2021, is amended to read as follows: 22 (28) Sexual exploitation by a counselor, therapist, or 23 school employee , or adult providing training or instruction in 24 violation of section 709.15 , if the child is under thirteen 25 years of age. 26 Sec. 4. Section 702.11, subsection 2, paragraph d, Code 27 2021, is amended to read as follows: 28 d. Sexual exploitation by a counselor, therapist, or 29 school employee , or adult providing training or instruction in 30 violation of section 709.15 . 31 Sec. 5. Section 709.15, subsection 1, Code 2021, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . 0a. “Adult providing training or instruction” 34 means a person age eighteen or older, whether paid or unpaid, 35 -1- LSB 2472XS (2) 89 as/rh 1/ 5

S.F. 372 who is not a school employee, who provides training or 1 instruction to a minor outside of a school setting. “Adult 2 providing training or instruction” includes but is not limited 3 to a person age eighteen or older providing training or 4 instruction related to the use of firearms, athletics outside 5 of a school setting, or any other activities which result in a 6 minor receiving a certificate or license. 7 Sec. 6. Section 709.15, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3A. a. Sexual exploitation by an adult 10 providing training or instruction occurs when any of the 11 following are found: 12 (1) A pattern or practice or scheme of conduct to engage in 13 any of the conduct described in subparagraph (2). 14 (2) Any sexual conduct with a minor for the purpose 15 of arousing or satisfying the sexual desires of the adult 16 providing training or instruction or the minor. Sexual conduct 17 includes but is not limited to the following: 18 (a) Kissing. 19 (b) Touching of the clothed or unclothed inner thigh, 20 breast, groin, buttock, anus, pubes, or genitals. 21 (c) A sex act as defined in section 702.17. 22 b. Sexual exploitation by an adult providing training or 23 instruction does not include touching that is necessary in the 24 performance of the adult’s duties while providing training or 25 instruction. 26 Sec. 7. Section 709.15, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 6. a. An adult providing training or 29 instruction who commits sexual exploitation in violation of 30 subsection 3A, paragraph “a” , subparagraph (1), commits a class 31 “D” felony. 32 b. An adult providing training or instruction who commits 33 sexual exploitation in violation of subsection 3A, paragraph 34 “a” , subparagraph (2), commits an aggravated misdemeanor. 35 -2- LSB 2472XS (2) 89 as/rh 2/ 5

S.F. 372 Sec. 8. Section 802.2A, subsection 2, Code 2021, is amended 1 to read as follows: 2 2. An indictment or information for sexual exploitation by a 3 counselor, therapist, or school employee , or an adult providing 4 training or instruction under section 709.15 committed on or 5 with a person who is under the age of eighteen shall be found 6 within fifteen years after the person upon whom the offense is 7 committed attains eighteen years of age. An information or 8 indictment for any other sexual exploitation shall be found 9 within ten years of the date the victim was last treated by the 10 counselor or therapist, or within ten years of the date the 11 victim was enrolled in or attended the school. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to sexual exploitation by an adult 16 providing training or instruction and provides penalties. 17 The bill amends Code section 709.15 (sexual exploitation by 18 a counselor, therapist, or school employee) to include an adult 19 providing training or instruction. The bill defines “adult 20 providing training or instruction” as a person age 18 or older, 21 whether paid or unpaid, who is not a school employee, who 22 provides training or instruction to a minor outside of a school 23 setting. “Adult providing training or instruction” includes 24 but is not limited to a person 18 or older providing training 25 or instruction related to the use of firearms, athletics 26 outside of a school setting, or activities which result in a 27 minor receiving a certificate or license. 28 The bill provides that there are two alternative means 29 of committing the offense of sexual exploitation by an adult 30 providing training or instruction. Sexual exploitation by 31 an adult providing training or instruction occurs when the 32 person engages in a pattern or practice or scheme of conduct 33 to engage in any sexual conduct with a minor for the purpose 34 of arousing or satisfying the sexual desires of the adult 35 -3- LSB 2472XS (2) 89 as/rh 3/ 5

S.F. 372 providing training or instruction or the minor, or engages in 1 any sexual conduct with a minor for the purpose of arousing or 2 satisfying the sexual desires of the adult providing training 3 or instruction or the minor. “Sexual conduct” is defined 4 to include but is not limited to kissing; touching of the 5 clothed or unclothed inner thigh, breast, groin, buttock, anus, 6 pubes, or genitals; or a sex act as defined in Code section 7 702.17. The bill provides that sexual exploitation by an adult 8 providing training or instruction does not include touching 9 that is necessary in the performance of the adult’s duties 10 while providing training or instruction. 11 The bill provides that an adult providing training or 12 instruction who engages in a pattern or practice or scheme of 13 conduct to engage in such sexual conduct with a minor commits a 14 class “D” felony. An adult providing training or instruction 15 commits an aggravated misdemeanor if the adult providing 16 training or instruction engages in such sexual conduct with a 17 minor. A class “D” felony is punishable by confinement for 18 no more than five years and a fine of at least $1,025 but not 19 more than $10,245. An aggravated misdemeanor is punishable by 20 confinement for no more than two years and a fine of at least 21 $855 but not more than $8,540. 22 A person who violates the bill is also subject to a special 23 sentence under Code section 903B.2. A special sentence is a 24 punishment in addition to the punishment for the underlying 25 criminal offense committing the person into the custody of the 26 director of the Iowa department of corrections for a period 27 of 10 years. A person serving a special sentence begins the 28 sentence as if on parole or work release but the sentence is 29 subject to a revocation of release for up to two years for a 30 first revocation and five years for any second or subsequent 31 revocation. 32 A person who violates the bill is classified as a tier II sex 33 offender under Code section 692A.102(1)(b)(11) if the child is 34 13 years of age or older, or a tier III sex offender under Code 35 -4- LSB 2472XS (2) 89 as/rh 4/ 5

S.F. 372 section 692A.102(1)(c)(28) if the child is under 13 years of 1 age, and is required to register as a sex offender under Code 2 section 692A.103. 3 A person who violates the bill is also subject to a 4 no-contact order upon release from jail or prison under Code 5 section 709.19 and hormonal intervention therapy under Code 6 section 903B.10(3)(h). 7 The bill makes conforming Code changes to Code sections 8 614.1 and 802.2A (statute of limitations periods) and 702.11 9 (definition of forcible felony). 10 -5- LSB 2472XS (2) 89 as/rh 5/ 5