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Senate File 524 - ReprintedA 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 272.2, subsection 14, paragraph b,
2subparagraph (1), subparagraph division (b), Code 2019, is
3amended by adding the following new subparagraph subdivision:
4 NEW SUBPARAGRAPH SUBDIVISION. (viii) Sexual exploitation
5by a youth athletics coach.
6 Sec. 2. Section 614.1, subsection 12, Code 2019, is amended
7to read as follows:
812. Sexual abuse or sexual exploitation by a counselor,
9therapist, or school employee, or youth athletics coach. An
10action for damages for injury suffered as a result of sexual
11abuse, as defined in section 709.1, by a counselor, therapist,
12or school employee, or youth athletics coach, as defined in
13section 709.15, or as a result of sexual exploitation by a
14counselor, therapist, or school employee, or youth athletics
15coach shall be brought within five fifteen years of the date
16the victim was last treated by the counselor or therapist, or
17within five years of the date the victim was last enrolled in
18or attended the school after the victim attains eighteen years
19of age.
20 Sec. 3. Section 692A.102, subsection 1, paragraph b,
21subparagraph (11), Code 2019, is amended to read as follows:
22(11) Sexual exploitation by a counselor, therapist, or
23 school employee, or youth athletics coach in violation of
24section 709.15, if the victim is thirteen years of age or
25older.
26 Sec. 4. Section 692A.102, subsection 1, paragraph c,
27subparagraph (27), Code 2019, is amended to read as follows:
28(27) Sexual exploitation by a counselor, therapist, or
29 school employee, or youth athletics coach in violation of
30section 709.15, if the child is under thirteen years of age.
31 Sec. 5. Section 702.11, subsection 2, paragraph d, Code
322019, is amended to read as follows:
33d. Sexual exploitation by a counselor, therapist, or school
34employee, or youth athletics coach in violation of section
35709.15.
-1-1 Sec. 6. Section 709.15, subsection 1, Code 2019, is amended
2by adding the following new paragraph:
3 NEW PARAGRAPH. h. “Youth athletics coach” means a person
4who is not a school employee, whether paid or unpaid, who
5coaches, or is an assistant coach of, a youth athletics team
6comprised of students, or an individual student athlete,
7whether informal or formal.
8 Sec. 7. Section 709.15, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 3A. a. Sexual exploitation by a youth
11athletics coach occurs when any of the following are found:
12(1) A pattern or practice or scheme of conduct to engage in
13any of the conduct described in subparagraph (2).
14(2) Any sexual conduct with a student for the purpose
15of arousing or satisfying the sexual desires of the youth
16athletics coach or the student. Sexual conduct includes but is
17not limited to the following:
18(a) Kissing.
19(b) Touching of the clothed or unclothed inner thigh,
20breast, groin, buttock, anus, pubes, or genitals.
21(c) A sex act as defined in section 702.17.
22b. Sexual exploitation by a youth athletics coach does not
23include any of the following:
24(1) Touching that is necessary in the performance of the
25youth athletics coach’s duties including caring for an injured
26athlete.
27(2) Engaging in conduct in violation of subsection 3A,
28paragraph “a”, subparagraph (2), with a student who is not more
29than four years younger than the youth athletics coach and over
30whom the youth athletics coach does not have direct authority.
31 Sec. 8. Section 709.15, Code 2019, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 6. a. A youth athletics coach who commits
34sexual exploitation in violation of subsection 3A, paragraph
35“a”, subparagraph (1), commits a class “D” felony.
-2- 1b. A youth athletics coach who commits sexual exploitation
2in violation of subsection 3A, paragraph “a”, subparagraph (2),
3commits an aggravated misdemeanor.
4 Sec. 9. Section 802.2A, Code 2019, is amended to read as
5follows:
6802.2A Incest — sexual exploitation by a counselor,
7therapist, or school employee, or youth athletics coach.
81. An information or indictment for incest under section
9726.2 committed on or with a person who is under the age of
10eighteen shall be found within ten fifteen years after the
11person upon whom the offense is committed attains eighteen
12years of age. An information or indictment for any other
13incest shall be found within ten years after its commission.
142. An indictment or information for sexual exploitation by
15a counselor, therapist, or school employee, or youth athletics
16coach under section 709.15 committed on or with a person who
17is under the age of eighteen shall be found within ten fifteen
18 years after the person upon whom the offense is committed
19attains eighteen years of age. An information or indictment
20for any other sexual exploitation shall be found within ten
21 fifteen years of the date the victim was last treated by the
22counselor or therapist, or within ten fifteen years of the date
23the victim was enrolled in or attended the school.
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2coach and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 272.2, subsection 14, paragraph b,
2subparagraph (1), subparagraph division (b), Code 2019, is
3amended by adding the following new subparagraph subdivision:
4 NEW SUBPARAGRAPH SUBDIVISION. (viii) Sexual exploitation
5by a youth athletics coach.
6 Sec. 2. Section 614.1, subsection 12, Code 2019, is amended
7to read as follows:
812. Sexual abuse or sexual exploitation by a counselor,
9therapist, or school employee, or youth athletics coach. An
10action for damages for injury suffered as a result of sexual
11abuse, as defined in section 709.1, by a counselor, therapist,
12or school employee, or youth athletics coach, as defined in
13section 709.15, or as a result of sexual exploitation by a
14counselor, therapist, or school employee, or youth athletics
15coach shall be brought within five fifteen years of the date
16the victim was last treated by the counselor or therapist, or
17within five years of the date the victim was last enrolled in
18or attended the school after the victim attains eighteen years
19of age.
20 Sec. 3. Section 692A.102, subsection 1, paragraph b,
21subparagraph (11), Code 2019, is amended to read as follows:
22(11) Sexual exploitation by a counselor, therapist, or
23 school employee, or youth athletics coach in violation of
24section 709.15, if the victim is thirteen years of age or
25older.
26 Sec. 4. Section 692A.102, subsection 1, paragraph c,
27subparagraph (27), Code 2019, is amended to read as follows:
28(27) Sexual exploitation by a counselor, therapist, or
29 school employee, or youth athletics coach in violation of
30section 709.15, if the child is under thirteen years of age.
31 Sec. 5. Section 702.11, subsection 2, paragraph d, Code
322019, is amended to read as follows:
33d. Sexual exploitation by a counselor, therapist, or school
34employee, or youth athletics coach in violation of section
35709.15.
-1-1 Sec. 6. Section 709.15, subsection 1, Code 2019, is amended
2by adding the following new paragraph:
3 NEW PARAGRAPH. h. “Youth athletics coach” means a person
4who is not a school employee, whether paid or unpaid, who
5coaches, or is an assistant coach of, a youth athletics team
6comprised of students, or an individual student athlete,
7whether informal or formal.
8 Sec. 7. Section 709.15, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 3A. a. Sexual exploitation by a youth
11athletics coach occurs when any of the following are found:
12(1) A pattern or practice or scheme of conduct to engage in
13any of the conduct described in subparagraph (2).
14(2) Any sexual conduct with a student for the purpose
15of arousing or satisfying the sexual desires of the youth
16athletics coach or the student. Sexual conduct includes but is
17not limited to the following:
18(a) Kissing.
19(b) Touching of the clothed or unclothed inner thigh,
20breast, groin, buttock, anus, pubes, or genitals.
21(c) A sex act as defined in section 702.17.
22b. Sexual exploitation by a youth athletics coach does not
23include any of the following:
24(1) Touching that is necessary in the performance of the
25youth athletics coach’s duties including caring for an injured
26athlete.
27(2) Engaging in conduct in violation of subsection 3A,
28paragraph “a”, subparagraph (2), with a student who is not more
29than four years younger than the youth athletics coach and over
30whom the youth athletics coach does not have direct authority.
31 Sec. 8. Section 709.15, Code 2019, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 6. a. A youth athletics coach who commits
34sexual exploitation in violation of subsection 3A, paragraph
35“a”, subparagraph (1), commits a class “D” felony.
-2- 1b. A youth athletics coach who commits sexual exploitation
2in violation of subsection 3A, paragraph “a”, subparagraph (2),
3commits an aggravated misdemeanor.
4 Sec. 9. Section 802.2A, Code 2019, is amended to read as
5follows:
6802.2A Incest — sexual exploitation by a counselor,
7therapist, or school employee, or youth athletics coach.
81. An information or indictment for incest under section
9726.2 committed on or with a person who is under the age of
10eighteen shall be found within ten fifteen years after the
11person upon whom the offense is committed attains eighteen
12years of age. An information or indictment for any other
13incest shall be found within ten years after its commission.
142. An indictment or information for sexual exploitation by
15a counselor, therapist, or school employee, or youth athletics
16coach under section 709.15 committed on or with a person who
17is under the age of eighteen shall be found within ten fifteen
18 years after the person upon whom the offense is committed
19attains eighteen years of age. An information or indictment
20for any other sexual exploitation shall be found within ten
21 fifteen years of the date the victim was last treated by the
22counselor or therapist, or within ten fifteen years of the date
23the victim was enrolled in or attended the school.
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