Senate File 229 - Introduced SENATE FILE 229 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1048) A BILL FOR An Act relating to continuous sexual abuse of a child, and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1392SV (1) 90 as/rh

S.F. 229 Section 1. Section 709.23, subsections 1, 2, 3, and 6, Code 1 2023, are amended to read as follows: 2 1. A person eighteen years of age or older commits 3 continuous sexual abuse of a child when the person engages 4 in any combination of three or more acts of sexual abuse in 5 violation of section 709.3 or 709.4 , with the same child, and 6 at least thirty days have elapsed between the first and last 7 acts of sexual abuse. 8 2. A person who commits continuous sexual abuse of a 9 child is, upon conviction, guilty of a class “B” felony. 10 Notwithstanding section 902.9, subsection 1 , paragraph “b” , a 11 person convicted of a violation of this section involving any 12 combination of three or more acts of sexual abuse that includes 13 a violation of section 709.3 or 709.4 shall be confined for no 14 more than fifty years. 15 3. If a jury is the trier of fact, members of the jury must 16 unanimously agree that three or more acts of sexual abuse in 17 violation of section 709.3 or 709.4 were committed with the 18 same child and at least thirty days have elapsed between the 19 first and last acts of sexual abuse. The jury does not need 20 to unanimously agree which specific acts were committed or the 21 exact date when those acts were committed. 22 6. Each act of sexual abuse committed under section 709.3 23 or 709.4 shall be considered a lesser included offense to the 24 crime of continuous sexual abuse of a child under this section . 25 Sec. 2. Section 902.12, subsection 1, Code 2023, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . g. Continuous sexual abuse of a child in 28 violation of section 709.23. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to continuous sexual abuse of a child and 33 makes penalties applicable. 34 Current law provides that a person 18 years of age or older 35 -1- LSB 1392SV (1) 90 as/rh 1/ 2

S.F. 229 commits continuous sexual abuse of a child when the person 1 engages in any combination of three or more acts of sexual 2 abuse in violation of section 709.3 (sexual abuse in the second 3 degree) or 709.4 (sexual abuse in the third degree), with the 4 same child, and at least 30 days have elapsed between the first 5 and last acts of sexual abuse. The bill removes specific 6 references to Code sections 709.3 and 709.4 and provides that a 7 person 18 years of age or older commits continuous sexual abuse 8 of a child when the person engages in any combination of three 9 or more acts of sexual abuse with the same child, and at least 10 30 days have elapsed between the first and last acts of sexual 11 abuse. 12 A person who commits continuous sexual abuse of a child is 13 guilty of a class “B” felony and shall be confined for not more 14 than 50 years. If a jury is the trier of fact, the jury must 15 unanimously agree that three or more acts of sexual abuse were 16 committed with the same child and that at least 30 days have 17 elapsed between the first act and the last act, but the jury 18 need not unanimously agree which specific acts were committed, 19 and on which exact dates the acts occurred. Each act of sexual 20 abuse is a lesser included offense of continuous sexual abuse 21 of a child. “Sexual abuse” is defined in Code section 709.1 to 22 include any sex act between persons when the act is performed 23 with a child. “Child” is defined in Code section 702.5 as any 24 person under the age of 14. 25 The bill provides that a person serving a sentence for a 26 conviction of continuous sexual abuse of a child shall be 27 denied parole or work release unless the person has served 28 at least seven-tenths of the maximum term of the person’s 29 sentence. 30 -2- LSB 1392SV (1) 90 as/rh 2/ 2