Senate File 2012 - Introduced SENATE FILE 2012 BY McCLINTOCK A BILL FOR An Act establishing the offense of assault by criminal groping, 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5365XS (1) 91 as/js

S.F. 2012 Section 1. Section 692A.102, subsection 1, paragraph a, 1 Code 2026, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (20) Assault by criminal groping in 3 violation of section 709.11A, if a determination is made that 4 the offense was sexually motivated pursuant to section 692A.126 5 and the victim is fourteen years of age or older. 6 Sec. 2. Section 692A.102, subsection 1, paragraph b, Code 7 2026, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (07) Assault by criminal groping in 9 violation of section 709.11A, if a determination is made that 10 the offense was sexually motivated pursuant to section 692A.126 11 and the victim is under fourteen years of age. 12 Sec. 3. Section 692A.126, subsection 1, Code 2026, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . x. Assault by criminal groping in violation 15 of section 709.11A. 16 Sec. 4. NEW SECTION . 709.11A Assault by criminal groping. 17 1. As used in this section: 18 a. “Assault by criminal groping” means an assault, as 19 defined in section 708.1, that involves intentional physical 20 contact with an intimate body part of another person, without 21 the intent to commit sexual abuse, as defined in section 709.1. 22 b. “Intimate body part” means the clothed or unclothed inner 23 thigh, groin, buttock, genitals, anus, or breast. 24 2. A person who commits assault by criminal groping commits 25 a serious misdemeanor. 26 3. A person who commits a second violation of this section 27 commits an aggravated misdemeanor. 28 4. A person who commits a third or subsequent violation of 29 this section commits a class “D” felony. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill establishes the criminal offense of assault by 34 criminal groping. 35 -1- LSB 5365XS (1) 91 as/js 1/ 2

S.F. 2012 The bill defines “assault by criminal groping” as an assault 1 that involves intentional physical contact with an intimate 2 body part of another person, without the intent to commit 3 sexual abuse. “Intimate body part” is defined as the clothed 4 or unclothed inner thigh, groin, buttock, genitals, anus, or 5 breast. 6 The bill provides that a first violation of assault by 7 criminal groping is a serious misdemeanor. A second violation 8 is an aggravated misdemeanor. A person who commits a third or 9 subsequent violation commits a class “D” felony. A serious 10 misdemeanor is punishable by confinement for no more than one 11 year and a fine of at least $430 but not more than $2,560. An 12 aggravated misdemeanor is punishable by confinement for no more 13 than two years and a fine of at least $855 but not more than 14 $8,540. A class “D” felony is punishable by confinement for no 15 more than five years and a fine of at least $1,025 but not more 16 than $10,245. 17 If a determination is made by the court that a person 18 convicted of assault by criminal groping was sexually motivated 19 and the victim is 14 years of age or older, the person will 20 be required to register as a tier I sex offender. If a 21 determination is made by the court that a person convicted of 22 assault by criminal groping was sexually motivated and the 23 victim is under 14 years of age, the person will be required to 24 register as a tier II sex offender. 25 -2- LSB 5365XS (1) 91 as/js 2/ 2