Senate File 562 - Reprinted SENATE FILE 562 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 372) (As Amended and Passed by the Senate March 17, 2021 ) A BILL FOR An Act relating to sexual exploitation by an adult providing 1 training or instruction, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 562 (2) 89 as/rh/mb

S.F. 562 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 an adult who is not a school employee who provides 35 -1- SF 562 (2) 89 as/rh/mb 1/ 3

S.F. 562 paid training or instruction to a minor outside of a school 1 setting. “Adult providing training or instruction” includes 2 but is not limited to an adult who provides paid training or 3 instruction related to the use of firearms, athletics outside 4 of a school setting, or any other activities which result in a 5 minor receiving a certificate or license. For purposes of this 6 paragraph, “adult” is a person age eighteen years or older who 7 is four or more years older than the minor receiving training 8 or instruction. 9 Sec. 6. Section 709.15, Code 2021, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3A. a. Sexual exploitation by an adult 12 providing training or instruction occurs when any of the 13 following are found: 14 (1) A pattern or practice or scheme of conduct to engage in 15 any of the conduct described in subparagraph (2). 16 (2) Any sexual conduct with a minor for the purpose 17 of arousing or satisfying the sexual desires of the adult 18 providing training or instruction or the minor. Sexual conduct 19 includes but is not limited to the following: 20 (a) Kissing. 21 (b) Touching of the clothed or unclothed inner thigh, 22 breast, groin, buttock, anus, pubes, or genitals. 23 (c) A sex act as defined in section 702.17. 24 b. Sexual exploitation by an adult providing training or 25 instruction does not include touching that is necessary in the 26 performance of the adult’s duties while providing training or 27 instruction. 28 c. This subsection only applies to an offense which 29 occurs within the period of time the adult providing training 30 or instruction was receiving payment for the training or 31 instruction. 32 Sec. 7. Section 709.15, Code 2021, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 6. a. An adult providing training or 35 -2- SF 562 (2) 89 as/rh/mb 2/ 3

S.F. 562 instruction who commits sexual exploitation in violation of 1 subsection 3A, paragraph “a” , subparagraph (1), commits a class 2 “D” felony. 3 b. An adult providing training or instruction who commits 4 sexual exploitation in violation of subsection 3A, paragraph 5 “a” , subparagraph (2), commits an aggravated misdemeanor. 6 Sec. 8. Section 802.2A, subsection 2, Code 2021, is amended 7 to read as follows: 8 2. An indictment or information for sexual exploitation by a 9 counselor, therapist, or school employee , or an adult providing 10 training or instruction under section 709.15 committed on or 11 with a person who is under the age of eighteen shall be found 12 within fifteen years after the person upon whom the offense is 13 committed attains eighteen years of age. An information or 14 indictment for any other sexual exploitation shall be found 15 within ten years of the date the victim was last treated by the 16 counselor or therapist, or within ten years of the date the 17 victim was enrolled in or attended the school. 18 -3- SF 562 (2) 89 as/rh/mb 3/ 3