SF 2012 (LSB 5365XS (1) 91)

SENATE FILE 2012

BY  McCLINTOCK

A BILL FOR

An Act establishing the offense of assault by criminal groping, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.102, subsection 1, paragraph a, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (20)  Assault by criminal groping in violation of section 709.11A, if a determination is made that the offense was sexually motivated pursuant to section 692A.126 and the victim is fourteen years of age or older.
    Sec. 2.  Section 692A.102, subsection 1, paragraph b, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (07)  Assault by criminal groping in violation of section 709.11A, if a determination is made that the offense was sexually motivated pursuant to section 692A.126 and the victim is under fourteen years of age.
    Sec. 3.  Section 692A.126, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  x.  Assault by criminal groping in violation of section 709.11A.
    Sec. 4.  NEW SECTION.  709.11A  Assault by criminal groping.
   1.  As used in this section:
   a.  “Assault by criminal groping” means an assault, as defined in section 708.1, that involves intentional physical contact with an intimate body part of another person, without the intent to commit sexual abuse, as defined in section 709.1.
   b.  “Intimate body part” means the clothed or unclothed inner thigh, groin, buttock, genitals, anus, or breast.
   2.  A person who commits assault by criminal groping commits a serious misdemeanor.
   3.  A person who commits a second violation of this section commits an aggravated misdemeanor.
   4.  A person who commits a third or subsequent violation of this section commits a class “D” felony.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offense of assault by criminal groping.
   The bill defines “assault by criminal groping” as an assault that involves intentional physical contact with an intimate body part of another person, without the intent to commit sexual abuse. “Intimate body part” is defined as the clothed or unclothed inner thigh, groin, buttock, genitals, anus, or breast.
   The bill provides that a first violation of assault by criminal groping is a serious misdemeanor. A second violation is an aggravated misdemeanor. A person who commits a third or subsequent violation commits a class “D” felony. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. 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 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.
   If a determination is made by the court that a person convicted of assault by criminal groping was sexually motivated and the victim is 14 years of age or older, the person will be required to register as a tier I sex offender. If a determination is made by the court that a person convicted of assault by criminal groping was sexually motivated and the victim is under 14 years of age, the person will be required to register as a tier II sex offender.