SF 562 (LSB 2472SV (1) 89)

SENATE FILE 562

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 372)

A BILL FOR

An Act relating to sexual exploitation by an adult providing training or instruction, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.1, subsection 12, Code 2021, is amended to read as follows:
   12.  Sexual abuse or sexual exploitation by a counselor, therapist, or school employee, or adult providing training or instruction.  An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, or school employee, or adult providing training or instruction, as defined in section 709.15, or as a result of sexual exploitation by a counselor, therapist, or school employee, or adult providing training or instruction shall be brought within five years of the date the victim was last treated by the counselor or therapist, or within five years of the date the victim was last enrolled in or attended the school.
    Sec. 2.  Section 692A.102, subsection 1, paragraph b, subparagraph (11), Code 2021, is amended to read as follows:
   (11)  Sexual exploitation by a counselor, therapist, or school employee, or adult providing training or instruction in violation of section 709.15, if the victim is thirteen years of age or older.
    Sec. 3.  Section 692A.102, subsection 1, paragraph c, subparagraph (28), Code 2021, is amended to read as follows:
   (28)  Sexual exploitation by a counselor, therapist, or school employee, or adult providing training or instruction in violation of section 709.15, if the child is under thirteen years of age.
    Sec. 4.  Section 702.11, subsection 2, paragraph d, Code 2021, is amended to read as follows:
   d.  Sexual exploitation by a counselor, therapist, or school employee, or adult providing training or instruction in violation of section 709.15.
    Sec. 5.  Section 709.15, subsection 1, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0a.  “Adult providing training or instruction” means a person age eighteen or older, whether paid or unpaid, who is not a school employee, who provides training or instruction to a minor outside of a school setting. “Adult providing training or instruction” includes but is not limited to a person age eighteen or older providing training or instruction related to the use of firearms, athletics outside of a school setting, or any other activities which result in a minor receiving a certificate or license.
    Sec. 6.  Section 709.15, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  a.  Sexual exploitation by an adult providing training or instruction occurs when any of the following are found:
   (1)  A pattern or practice or scheme of conduct to engage in any of the conduct described in subparagraph (2).
   (2)  Any sexual conduct with a minor for the purpose of arousing or satisfying the sexual desires of the adult providing training or instruction or the minor. Sexual conduct includes but is not limited to the following:
   (a)  Kissing.
   (b)  Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals.
   (c)  A sex act as defined in section 702.17.
   b.  Sexual exploitation by an adult providing training or instruction does not include touching that is necessary in the performance of the adult’s duties while providing training or instruction.
    Sec. 7.  Section 709.15, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  a.  An adult providing training or instruction who commits sexual exploitation in violation of subsection 3A, paragraph “a”, subparagraph (1), commits a class “D” felony.
   b.  An adult providing training or instruction who commits sexual exploitation in violation of subsection 3A, paragraph “a”, subparagraph (2), commits an aggravated misdemeanor.
    Sec. 8.  Section 802.2A, subsection 2, Code 2021, is amended to read as follows:
   2.  An indictment or information for sexual exploitation by a counselor, therapist, or school employee, or an adult providing training or instruction under section 709.15 committed on or with a person who is under the age of eighteen shall be found within fifteen years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to sexual exploitation by an adult providing training or instruction and provides penalties.
   The bill amends Code section 709.15 (sexual exploitation by a counselor, therapist, or school employee) to include an adult providing training or instruction. The bill defines “adult providing training or instruction” as a person age 18 or older, whether paid or unpaid, who is not a school employee, who provides training or instruction to a minor outside of a school setting. “Adult providing training or instruction” includes but is not limited to a person 18 or older providing training or instruction related to the use of firearms, athletics outside of a school setting, or activities which result in a minor receiving a certificate or license.
   The bill provides that there are two alternative means of committing the offense of sexual exploitation by an adult providing training or instruction. Sexual exploitation by an adult providing training or instruction occurs when the person engages in a pattern or practice or scheme of conduct to engage in any sexual conduct with a minor for the purpose of arousing or satisfying the sexual desires of the adult providing training or instruction or the minor, or engages in any sexual conduct with a minor for the purpose of arousing or satisfying the sexual desires of the adult providing training or instruction or the minor. “Sexual conduct” is defined to include but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in Code section 702.17. The bill provides that sexual exploitation by an adult providing training or instruction does not include touching that is necessary in the performance of the adult’s duties while providing training or instruction. 
   The bill provides that an adult providing training or instruction who engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a minor commits a class “D” felony. An adult providing training or instruction commits an aggravated misdemeanor if the adult providing training or instruction engages in such sexual conduct with a minor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
   A person who violates the bill is also subject to a special sentence under Code section 903B.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense committing the person into the custody of the director of the Iowa department of corrections for a period of 10 years. A person serving a special sentence begins the sentence as if on parole or work release but the sentence is subject to a revocation of release for up to two years for a first revocation and five years for any second or subsequent revocation.
   A person who violates the bill is classified as a tier II sex offender under Code section 692A.102(1)(b)(11) if the child is 13 years of age or older, or a tier III sex offender under Code section 692A.102(1)(c)(28) if the child is under 13 years of age, and is required to register as a sex offender under Code section 692A.103.
   A person who violates the bill is also subject to a no-contact order upon release from jail or prison under Code section 709.19 and hormonal intervention therapy under Code section 903B.10(3)(h).
   The bill makes conforming Code changes to Code sections 614.1 and 802.2A (statute of limitations periods) and 702.11 (definition of forcible felony).