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Senate File 380 - IntroducedA Bill ForAn Act 1relating to sexual exploitation by a youth athletics
2coach and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 12, Code 2019, is
2amended to read as follows:
312. Sexual abuse or sexual exploitation by a counselor,
4therapist, or school employee, or youth athletics coach. An
5action for damages for injury suffered as a result of sexual
6abuse, as defined in section 709.1, by a counselor, therapist,
7or school employee, or youth athletics coach, as defined in
8section 709.15, or as a result of sexual exploitation by a
9counselor, therapist, or school employee, or youth athletics
10coach shall be brought within five years of the date the victim
11was last treated by the counselor or therapist, or within five
12years of the date the victim was last enrolled in or attended
13the school.
14 Sec. 2. Section 692A.102, subsection 1, paragraph b,
15subparagraph (11), Code 2019, is amended to read as follows:
16(11) Sexual exploitation by a counselor, therapist, or
17 school employee, or youth athletics coach in violation of
18section 709.15, if the victim is thirteen years of age or
19older.
20 Sec. 3. Section 692A.102, subsection 1, paragraph c,
21subparagraph (27), Code 2019, is amended to read as follows:
22(27) Sexual exploitation by a counselor, therapist, or
23 school employee, or youth athletics coach in violation of
24section 709.15, if the child is under thirteen years of age.
25 Sec. 4. Section 702.11, subsection 2, paragraph d, Code
262019, is amended to read as follows:
27d. Sexual exploitation by a counselor, therapist, or school
28employee, or youth athletics coach in violation of section
29709.15.
30 Sec. 5. Section 709.15, subsection 1, Code 2019, is amended
31by adding the following new paragraph:
32 NEW PARAGRAPH. h. “Youth athletics coach” means a person
33who is not a school employee, whether paid or unpaid, who
34coaches, or is an assistant coach of, a youth athletics team
35comprised of students, or an individual student athlete,
-1-1whether informal or formal.
2 Sec. 6. Section 709.15, Code 2019, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 3A. a. Sexual exploitation by a youth
5athletics coach occurs when any of the following are found:
6(1) A pattern or practice or scheme of conduct to engage in
7any of the conduct described in subparagraph (2).
8(2) Any sexual conduct with a student for the purpose
9of arousing or satisfying the sexual desires of the youth
10athletics coach or the student. Sexual conduct includes but is
11not limited to the following:
12(a) Kissing.
13(b) Touching of the clothed or unclothed inner thigh,
14breast, groin, buttock, anus, pubes, or genitals.
15(c) A sex act as defined in section 702.17.
16b. Sexual exploitation by a youth athletics coach does not
17include touching that is necessary in the performance of the
18youth athletics coach’s duties including caring for an injured
19athlete.
20 Sec. 7. Section 709.15, Code 2019, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 6. a. A youth athletics coach who commits
23sexual exploitation in violation of subsection 3A, paragraph
24“a”, subparagraph (1), commits a class “D” felony.
25b. A youth athletics coach who commits sexual exploitation
26in violation of subsection 3A, paragraph “a”, subparagraph (2),
27commits an aggravated misdemeanor.
28 Sec. 8. Section 802.2A, subsection 2, Code 2019, is amended
29to read as follows:
302. An indictment or information for sexual exploitation by
31a counselor, therapist, or school employee, or youth athletics
32coach under section 709.15 committed on or with a person who is
33under the age of eighteen shall be found within ten years after
34the person upon whom the offense is committed attains eighteen
35years of age. An information or indictment for any other
-2-1sexual exploitation shall be found within ten years of the date
2the victim was last treated by the counselor or therapist, or
3within ten years of the date the victim was enrolled in or
4attended the school.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to sexual exploitation by a youth
9athletics coach and provides penalties.
10The bill amends Code section 709.15 (sexual exploitation by
11a counselor, therapist, or school employee) to include youth
12athletics coaches. The bill defines “youth athletics coach”
13to mean a person who is not a school employee, whether paid
14or unpaid, who coaches, or is an assistant coach of, a youth
15athletics team comprised of students, or an individual student
16athlete, whether informal or formal.
17The bill provides that there are two alternative means
18of committing the offense of sexual exploitation by a youth
19athletics coach. Sexual exploitation by a youth athletics
20coach occurs when the youth athletics coach engages in a
21pattern or practice or scheme of conduct to engage in any
22sexual conduct with a student for the purpose of arousing or
23satisfying the sexual desires of the youth athletics coach or
24the student, or engages in any sexual conduct with a student
25for the purpose of arousing or satisfying the sexual desires of
26the youth athletics coach or the student. “Sexual conduct” is
27defined to include but is not limited to kissing; touching of
28the clothed or unclothed inner thigh, breast, groin, buttock,
29anus, pubes, or genitals; or a sex act as defined in Code
30section 702.17. The bill provides that sexual exploitation
31by a youth athletics coach does not include touching that is
32necessary in the performance of the youth athletics coach’s
33duties including caring for an injured athlete.
34The bill provides that a youth athletics coach who engages
35in a pattern or practice or scheme of conduct to engage in such
-3-1sexual conduct with a student commits a class “D” felony. A
2youth athletics coach commits an aggravated misdemeanor if the
3youth athletics coach engages in such sexual conduct with a
4student. A class “D” felony is punishable by confinement for
5no more than five years and a fine of at least $750 but not
6more than $7,500. An aggravated misdemeanor is punishable by
7confinement for no more than two years and a fine of at least
8$625 but not more than $6,250.
9A person who violates the bill is also subject to a special
10sentence under Code section 903B.2. A special sentence is a
11punishment in addition to the punishment for the underlying
12criminal offense committing the person into the custody of the
13director of the Iowa department of corrections for a period
14of 10 years. A person serving a special sentence begins the
15sentence as if on parole or work release but the sentence is
16subject to a revocation of release for up to two years for a
17first revocation and five years for any second or subsequent
18revocation.
19A person who violates the bill is classified as a tier II sex
20offender under Code section 692A.102(1)(b)(11) if the child is
2113 years of age or older, or a tier III sex offender under Code
22section 692A.102(1)(c)(27) if the child is under 13 years of
23age, and is required to register as a sex offender under Code
24section 692A.103.
25A person who violates the bill is also subject to a
26no-contact order upon release from jail or prison under Code
27section 709.19, and hormonal intervention therapy under Code
28section 903B.10(3)(h).
29The bill makes conforming Code changes to Code sections
30614.1 and 802.2A (statute of limitations periods) and 702.11
31(definition of forcible felony).
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2coach and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 12, Code 2019, is
2amended to read as follows:
312. Sexual abuse or sexual exploitation by a counselor,
4therapist, or school employee, or youth athletics coach. An
5action for damages for injury suffered as a result of sexual
6abuse, as defined in section 709.1, by a counselor, therapist,
7or school employee, or youth athletics coach, as defined in
8section 709.15, or as a result of sexual exploitation by a
9counselor, therapist, or school employee, or youth athletics
10coach shall be brought within five years of the date the victim
11was last treated by the counselor or therapist, or within five
12years of the date the victim was last enrolled in or attended
13the school.
14 Sec. 2. Section 692A.102, subsection 1, paragraph b,
15subparagraph (11), Code 2019, is amended to read as follows:
16(11) Sexual exploitation by a counselor, therapist, or
17 school employee, or youth athletics coach in violation of
18section 709.15, if the victim is thirteen years of age or
19older.
20 Sec. 3. Section 692A.102, subsection 1, paragraph c,
21subparagraph (27), Code 2019, is amended to read as follows:
22(27) Sexual exploitation by a counselor, therapist, or
23 school employee, or youth athletics coach in violation of
24section 709.15, if the child is under thirteen years of age.
25 Sec. 4. Section 702.11, subsection 2, paragraph d, Code
262019, is amended to read as follows:
27d. Sexual exploitation by a counselor, therapist, or school
28employee, or youth athletics coach in violation of section
29709.15.
30 Sec. 5. Section 709.15, subsection 1, Code 2019, is amended
31by adding the following new paragraph:
32 NEW PARAGRAPH. h. “Youth athletics coach” means a person
33who is not a school employee, whether paid or unpaid, who
34coaches, or is an assistant coach of, a youth athletics team
35comprised of students, or an individual student athlete,
-1-1whether informal or formal.
2 Sec. 6. Section 709.15, Code 2019, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 3A. a. Sexual exploitation by a youth
5athletics coach occurs when any of the following are found:
6(1) A pattern or practice or scheme of conduct to engage in
7any of the conduct described in subparagraph (2).
8(2) Any sexual conduct with a student for the purpose
9of arousing or satisfying the sexual desires of the youth
10athletics coach or the student. Sexual conduct includes but is
11not limited to the following:
12(a) Kissing.
13(b) Touching of the clothed or unclothed inner thigh,
14breast, groin, buttock, anus, pubes, or genitals.
15(c) A sex act as defined in section 702.17.
16b. Sexual exploitation by a youth athletics coach does not
17include touching that is necessary in the performance of the
18youth athletics coach’s duties including caring for an injured
19athlete.
20 Sec. 7. Section 709.15, Code 2019, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 6. a. A youth athletics coach who commits
23sexual exploitation in violation of subsection 3A, paragraph
24“a”, subparagraph (1), commits a class “D” felony.
25b. A youth athletics coach who commits sexual exploitation
26in violation of subsection 3A, paragraph “a”, subparagraph (2),
27commits an aggravated misdemeanor.
28 Sec. 8. Section 802.2A, subsection 2, Code 2019, is amended
29to read as follows:
302. An indictment or information for sexual exploitation by
31a counselor, therapist, or school employee, or youth athletics
32coach under section 709.15 committed on or with a person who is
33under the age of eighteen shall be found within ten years after
34the person upon whom the offense is committed attains eighteen
35years of age. An information or indictment for any other
-2-1sexual exploitation shall be found within ten years of the date
2the victim was last treated by the counselor or therapist, or
3within ten years of the date the victim was enrolled in or
4attended the school.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to sexual exploitation by a youth
9athletics coach and provides penalties.
10The bill amends Code section 709.15 (sexual exploitation by
11a counselor, therapist, or school employee) to include youth
12athletics coaches. The bill defines “youth athletics coach”
13to mean a person who is not a school employee, whether paid
14or unpaid, who coaches, or is an assistant coach of, a youth
15athletics team comprised of students, or an individual student
16athlete, whether informal or formal.
17The bill provides that there are two alternative means
18of committing the offense of sexual exploitation by a youth
19athletics coach. Sexual exploitation by a youth athletics
20coach occurs when the youth athletics coach engages in a
21pattern or practice or scheme of conduct to engage in any
22sexual conduct with a student for the purpose of arousing or
23satisfying the sexual desires of the youth athletics coach or
24the student, or engages in any sexual conduct with a student
25for the purpose of arousing or satisfying the sexual desires of
26the youth athletics coach or the student. “Sexual conduct” is
27defined to include but is not limited to kissing; touching of
28the clothed or unclothed inner thigh, breast, groin, buttock,
29anus, pubes, or genitals; or a sex act as defined in Code
30section 702.17. The bill provides that sexual exploitation
31by a youth athletics coach does not include touching that is
32necessary in the performance of the youth athletics coach’s
33duties including caring for an injured athlete.
34The bill provides that a youth athletics coach who engages
35in a pattern or practice or scheme of conduct to engage in such
-3-1sexual conduct with a student commits a class “D” felony. A
2youth athletics coach commits an aggravated misdemeanor if the
3youth athletics coach engages in such sexual conduct with a
4student. A class “D” felony is punishable by confinement for
5no more than five years and a fine of at least $750 but not
6more than $7,500. An aggravated misdemeanor is punishable by
7confinement for no more than two years and a fine of at least
8$625 but not more than $6,250.
9A person who violates the bill is also subject to a special
10sentence under Code section 903B.2. A special sentence is a
11punishment in addition to the punishment for the underlying
12criminal offense committing the person into the custody of the
13director of the Iowa department of corrections for a period
14of 10 years. A person serving a special sentence begins the
15sentence as if on parole or work release but the sentence is
16subject to a revocation of release for up to two years for a
17first revocation and five years for any second or subsequent
18revocation.
19A person who violates the bill is classified as a tier II sex
20offender under Code section 692A.102(1)(b)(11) if the child is
2113 years of age or older, or a tier III sex offender under Code
22section 692A.102(1)(c)(27) if the child is under 13 years of
23age, and is required to register as a sex offender under Code
24section 692A.103.
25A person who violates the bill is also subject to a
26no-contact order upon release from jail or prison under Code
27section 709.19, and hormonal intervention therapy under Code
28section 903B.10(3)(h).
29The bill makes conforming Code changes to Code sections
30614.1 and 802.2A (statute of limitations periods) and 702.11
31(definition of forcible felony).
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