House File 507 - IntroducedA Bill ForAn Act 1establishing the criminal offense of nonconsensual
2condom removal and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 692A.102, subsection 1, paragraph a,
2Code 2019, is amended by adding the following new subparagraph:
3   NEW SUBPARAGRAPH.  (4A)  Nonconsensual condom removal in
4violation of section 709.6A.
5   Sec. 2.  NEW SECTION.  709.6A  Nonconsensual condom removal
6during sexual activity.
   71.  It is unlawful for a person to induce another person to
8engage in sexual activity where consent to the sexual activity
9is based on an express verbal agreement between both persons
10that a condom will be worn by the person while engaged in
11sexual activity with the other person and the person purposely
12removes the condom during the sexual activity without the
13knowledge or consent of the other person.
   142.  A person who violates this section is guilty of a serious
15misdemeanor.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
   19This bill establishes the criminal offense of nonconsensual
20condom removal and provides penalties.
   21The bill provides that it is unlawful for a person to induce
22another person to engage in sexual activity where consent to
23the sexual activity is based on an express verbal agreement
24between both persons that a condom will be worn by the person
25while engaged in sexual activity with the other person, and the
26person purposely removes the condom during the sexual activity
27without the knowledge or consent of the other person. A person
28who violates the bill is guilty of a serious misdemeanor,
29punishable by confinement for no more than one year and a fine
30of at least $315 but not more than $1,875.
   31The bill provides that a person who commits the offense
32of nonconsensual condom removal is classified as a tier 1
33sex offender under Code section 692A.102 and is required to
34register as a sex offender under Code section 692A.103.
   35A person who violates the bill is subject to a special
-1-1sentence committing the person to the custody of the director
2of the Iowa department of corrections for a period of 10 years,
3with eligibility for parole as provided in Code section 903B.2
4(special sentencing for sex offenders).
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