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Senate File 33 - IntroducedA Bill ForAn Act 1extending the limitations of certain criminal actions
2committed on or with minors, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 802.2, subsection 1, Code 2021, is
2amended to read as follows:
31. An information or indictment for sexual abuse in the
4first, second, or third degree committed on or with a person
5who is under the age of eighteen years shall may be found
6within fifteen years after the person upon whom the offense
7is committed attains eighteen years of age, or if the person
8against whom the information or indictment is sought is
9identified through the use of a DNA profile, an information or
10indictment shall be found within three years from the date the
11person is identified by the person’s DNA profile, whichever is
12later at any time after the commission of the offense.
13 Sec. 2. Section 802.2A, Code 2021, is amended to read as
14follows:
15802.2A Incest — sexual exploitation by a counselor,
16therapist, or school employee.
171. An information or indictment for incest under section
18726.2 committed on or with a person who is under the age of
19eighteen shall may be found within fifteen years after the
20person upon whom the offense is committed attains eighteen
21years of age. An information or indictment for any other
22incest shall be found within ten years after its at any time
23after the commission of the offense.
242. An indictment or information for sexual exploitation by
25a counselor, therapist, or school employee under section 709.15
26committed on or with a person who is under the age of eighteen
27shall may be found within fifteen years after the person upon
28whom the offense is committed attains eighteen years of age at
29any time after the commission of the offense. An information
30or indictment for any other sexual exploitation shall be found
31within ten years of the date the victim was last treated by the
32counselor or therapist, or within ten years of the date the
33victim was enrolled in or attended the school.
34 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2021,
35is amended to read as follows:
-1- 1An information or indictment for the following offenses
2committed on or with a person who is under the age of eighteen
3years shall may be found within ten years after the person upon
4whom the offense is committed attains eighteen years of age,
5or if the person against whom the information or indictment
6is sought is identified through the use of a DNA profile, an
7information or indictment shall be found within three years
8from the date the person is identified by the person’s DNA
9profile, whichever is later at any time after the commission
10of the offense:
11 Sec. 4. Section 802.2C, Code 2021, is amended to read as
12follows:
13802.2C Kidnapping.
14An information or indictment for kidnapping in the first,
15second, or third degree committed on or with a person who is
16under the age of eighteen years shall may be found within ten
17years after the person upon whom the offense is committed
18attains eighteen years of age, or if the person against whom
19the information or indictment is sought is identified through
20the use of a DNA profile, an information or indictment shall be
21found within three years from the date the person is identified
22by the person’s DNA profile, whichever is later commenced at
23any time after the commission of the offense.
24 Sec. 5. Section 802.2D, Code 2021, is amended to read as
25follows:
26802.2D Human trafficking.
27An information or indictment for human trafficking in
28violation of section 710A.2, committed on or with a person who
29is under the age of eighteen years shall may be found within
30ten years after the person upon whom the offense is committed
31attains eighteen years of age, or if the person against whom
32the information or indictment is sought is identified through
33the use of a DNA profile, an information or indictment shall be
34found within three years from the date the person is identified
35by the person’s DNA profile, whichever is later at any time
-2-1after the commission of the offense.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill extends the limitations of certain criminal
6actions (statute of limitations) committed on or with minors.
7The amendment to Code section 802.2 provides that an
8information or indictment for sexual abuse in the first,
9second, or third degree committed on or with a person who
10is under the age of 18 years may be found at any time after
11commission of the offense. Under current law, an information
12or indictment for a sexual abuse offense committed on or with
13a person who is under 18 years of age shall be found within
1415 years after the person upon whom the offense is committed
15attains 18 years of age, or if the person against whom the
16information or indictment is sought is identified through the
17use of a DNA profile, an information or indictment shall be
18found within three years from the date the person is identified
19by the person’s DNA profile, whichever is later.
20The amendment to Code section 802.2A provides that an
21information or indictment for incest under Code section 726.2
22committed on or with a person who is under the age of 18 may
23be found at any time after commission of the offense. Under
24current law, an information or indictment for incest shall be
25found within 15 years after the person upon whom the offense
26is committed attains 18 years of age. For other incest
27offenses committed upon a person 18 years of age or older,
28the information or indictment shall be found within 15 years
29after the commission of the offense. If the person against
30whom the information or indictment is sought is identified
31only through the use of a DNA profile, the limitation shall be
32tolled. However, an information or indictment shall be found
33within three years from the date the person is identified by
34the person’s DNA profile.
35The amendment to Code section 802.2A also provides that
-3-1an information or indictment for sexual exploitation by a
2counselor, therapist, or school employee under Code section
3709.15 committed on or with a person who is under the age of
418 may be found at any time after commission of the offense.
5Under current law, an information or indictment for sexual
6exploitation by a counselor, therapist, or school employee
7shall be found within 15 years after the person upon whom the
8offense is committed attains 18 years of age. For other sexual
9exploitation by a counselor, therapist, or school employee
10offenses committed upon a person 18 years of age or older, the
11information or indictment shall be found within 10 years of the
12date the person was last treated by the counselor or therapist,
13or within 10 years of the date the person was enrolled in or
14attended the school.
15The amendment to Code section 802.2B provides that an
16information or indictment may be commenced at any time after
17the commission of any of the following offenses if the offense
18is committed on or with a person under the age of 18: sexual
19abuse in the first degree in violation of Code section 709.2;
20sexual abuse in the second degree in violation of Code section
21709.3; sexual abuse in the third degree in violation of Code
22section 709.4; lascivious acts with a child in violation of
23Code section 709.8; assault with intent to commit sexual abuse
24in violation of Code section 709.11; indecent contact with a
25child in violation of Code section 709.12; lascivious conduct
26with a minor in violation of Code section 709.14; sexual
27exploitation by a counselor, therapist, or school employee in
28violation of Code section 709.15; sexual misconduct with a
29juvenile in violation of Code section 709.16, subsection 2;
30kidnapping in the first degree in violation of Code section
31710.2; kidnapping in the second degree in violation of Code
32section 710.3; kidnapping in the third degree in violation of
33Code section 710.4; human trafficking in violation of Code
34section 710A.2; incest in violation of Code section 726.2; and
35sexual exploitation of a minor in violation of Code section
-4-1728.12. Under current law for the preceding offenses, an
2information or indictment committed on or with a person who
3is under 18 years of age shall be found within 10 years after
4the person upon whom the offense is committed attains 18 years
5of age, or if the person against whom the information or
6indictment is sought is identified through the use of a DNA
7profile, an information or indictment shall be found within
8three years from the date the person is identified by the
9person’s DNA profile, whichever is later.
10The amendment to Code section 802.2C provides that an
11information or indictment for kidnapping in the first, second,
12or third degree committed on or with a person who is under the
13age of 18 years may be found at any time after commission of
14the offense. Under current law for kidnapping offenses, the
15information or indictment for an offense committed on or with
16a person who is under the age of 18 years of age, shall be
17found within 10 years after the person upon whom the offense
18is committed attains 18 years of age, or if the person against
19whom the information or indictment is sought is identified
20through the use of a DNA profile, an information or indictment
21shall be found within three years from the date the person is
22identified by the person’s DNA profile, whichever is later.
23The amendment to Code section 802.2D provides that an
24information or indictment for human trafficking in violation of
25Code section 710A.2, committed on or with a person who is under
26the age of 18 years may be found at any time after commission of
27the offense. Under current law for human trafficking offenses,
28the information or indictment for an offense committed on or
29with a person who is under the age of 18 years of age, shall be
30found within 10 years after the person upon whom the offense
31is committed attains 18 years of age, or if the person against
32whom the information or indictment is sought is identified
33through the use of a DNA profile, an information or indictment
34shall be found within three years from the date the person is
35identified by the person’s DNA profile, whichever is later.
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2committed on or with minors, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 802.2, subsection 1, Code 2021, is
2amended to read as follows:
31. An information or indictment for sexual abuse in the
4first, second, or third degree committed on or with a person
5who is under the age of eighteen years shall may be found
6within fifteen years after the person upon whom the offense
7is committed attains eighteen years of age, or if the person
8against whom the information or indictment is sought is
9identified through the use of a DNA profile, an information or
10indictment shall be found within three years from the date the
11person is identified by the person’s DNA profile, whichever is
12later at any time after the commission of the offense.
13 Sec. 2. Section 802.2A, Code 2021, is amended to read as
14follows:
15802.2A Incest — sexual exploitation by a counselor,
16therapist, or school employee.
171. An information or indictment for incest under section
18726.2 committed on or with a person who is under the age of
19eighteen shall may be found within fifteen years after the
20person upon whom the offense is committed attains eighteen
21years of age. An information or indictment for any other
22incest shall be found within ten years after its at any time
23after the commission of the offense.
242. An indictment or information for sexual exploitation by
25a counselor, therapist, or school employee under section 709.15
26committed on or with a person who is under the age of eighteen
27shall may be found within fifteen years after the person upon
28whom the offense is committed attains eighteen years of age at
29any time after the commission of the offense. An information
30or indictment for any other sexual exploitation shall be found
31within ten years of the date the victim was last treated by the
32counselor or therapist, or within ten years of the date the
33victim was enrolled in or attended the school.
34 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2021,
35is amended to read as follows:
-1- 1An information or indictment for the following offenses
2committed on or with a person who is under the age of eighteen
3years shall may be found within ten years after the person upon
4whom the offense is committed attains eighteen years of age,
5or if the person against whom the information or indictment
6is sought is identified through the use of a DNA profile, an
7information or indictment shall be found within three years
8from the date the person is identified by the person’s DNA
9profile, whichever is later at any time after the commission
10of the offense:
11 Sec. 4. Section 802.2C, Code 2021, is amended to read as
12follows:
13802.2C Kidnapping.
14An information or indictment for kidnapping in the first,
15second, or third degree committed on or with a person who is
16under the age of eighteen years shall may be found within ten
17years after the person upon whom the offense is committed
18attains eighteen years of age, or if the person against whom
19the information or indictment is sought is identified through
20the use of a DNA profile, an information or indictment shall be
21found within three years from the date the person is identified
22by the person’s DNA profile, whichever is later commenced at
23any time after the commission of the offense.
24 Sec. 5. Section 802.2D, Code 2021, is amended to read as
25follows:
26802.2D Human trafficking.
27An information or indictment for human trafficking in
28violation of section 710A.2, committed on or with a person who
29is under the age of eighteen years shall may be found within
30ten years after the person upon whom the offense is committed
31attains eighteen years of age, or if the person against whom
32the information or indictment is sought is identified through
33the use of a DNA profile, an information or indictment shall be
34found within three years from the date the person is identified
35by the person’s DNA profile, whichever is later at any time
-2-1after the commission of the offense.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill extends the limitations of certain criminal
6actions (statute of limitations) committed on or with minors.
7The amendment to Code section 802.2 provides that an
8information or indictment for sexual abuse in the first,
9second, or third degree committed on or with a person who
10is under the age of 18 years may be found at any time after
11commission of the offense. Under current law, an information
12or indictment for a sexual abuse offense committed on or with
13a person who is under 18 years of age shall be found within
1415 years after the person upon whom the offense is committed
15attains 18 years of age, or if the person against whom the
16information or indictment is sought is identified through the
17use of a DNA profile, an information or indictment shall be
18found within three years from the date the person is identified
19by the person’s DNA profile, whichever is later.
20The amendment to Code section 802.2A provides that an
21information or indictment for incest under Code section 726.2
22committed on or with a person who is under the age of 18 may
23be found at any time after commission of the offense. Under
24current law, an information or indictment for incest shall be
25found within 15 years after the person upon whom the offense
26is committed attains 18 years of age. For other incest
27offenses committed upon a person 18 years of age or older,
28the information or indictment shall be found within 15 years
29after the commission of the offense. If the person against
30whom the information or indictment is sought is identified
31only through the use of a DNA profile, the limitation shall be
32tolled. However, an information or indictment shall be found
33within three years from the date the person is identified by
34the person’s DNA profile.
35The amendment to Code section 802.2A also provides that
-3-1an information or indictment for sexual exploitation by a
2counselor, therapist, or school employee under Code section
3709.15 committed on or with a person who is under the age of
418 may be found at any time after commission of the offense.
5Under current law, an information or indictment for sexual
6exploitation by a counselor, therapist, or school employee
7shall be found within 15 years after the person upon whom the
8offense is committed attains 18 years of age. For other sexual
9exploitation by a counselor, therapist, or school employee
10offenses committed upon a person 18 years of age or older, the
11information or indictment shall be found within 10 years of the
12date the person was last treated by the counselor or therapist,
13or within 10 years of the date the person was enrolled in or
14attended the school.
15The amendment to Code section 802.2B provides that an
16information or indictment may be commenced at any time after
17the commission of any of the following offenses if the offense
18is committed on or with a person under the age of 18: sexual
19abuse in the first degree in violation of Code section 709.2;
20sexual abuse in the second degree in violation of Code section
21709.3; sexual abuse in the third degree in violation of Code
22section 709.4; lascivious acts with a child in violation of
23Code section 709.8; assault with intent to commit sexual abuse
24in violation of Code section 709.11; indecent contact with a
25child in violation of Code section 709.12; lascivious conduct
26with a minor in violation of Code section 709.14; sexual
27exploitation by a counselor, therapist, or school employee in
28violation of Code section 709.15; sexual misconduct with a
29juvenile in violation of Code section 709.16, subsection 2;
30kidnapping in the first degree in violation of Code section
31710.2; kidnapping in the second degree in violation of Code
32section 710.3; kidnapping in the third degree in violation of
33Code section 710.4; human trafficking in violation of Code
34section 710A.2; incest in violation of Code section 726.2; and
35sexual exploitation of a minor in violation of Code section
-4-1728.12. Under current law for the preceding offenses, an
2information or indictment committed on or with a person who
3is under 18 years of age shall be found within 10 years after
4the person upon whom the offense is committed attains 18 years
5of age, or if the person against whom the information or
6indictment is sought is identified through the use of a DNA
7profile, an information or indictment shall be found within
8three years from the date the person is identified by the
9person’s DNA profile, whichever is later.
10The amendment to Code section 802.2C provides that an
11information or indictment for kidnapping in the first, second,
12or third degree committed on or with a person who is under the
13age of 18 years may be found at any time after commission of
14the offense. Under current law for kidnapping offenses, the
15information or indictment for an offense committed on or with
16a person who is under the age of 18 years of age, shall be
17found within 10 years after the person upon whom the offense
18is committed attains 18 years of age, or if the person against
19whom the information or indictment is sought is identified
20through the use of a DNA profile, an information or indictment
21shall be found within three years from the date the person is
22identified by the person’s DNA profile, whichever is later.
23The amendment to Code section 802.2D provides that an
24information or indictment for human trafficking in violation of
25Code section 710A.2, committed on or with a person who is under
26the age of 18 years may be found at any time after commission of
27the offense. Under current law for human trafficking offenses,
28the information or indictment for an offense committed on or
29with a person who is under the age of 18 years of age, shall be
30found within 10 years after the person upon whom the offense
31is committed attains 18 years of age, or if the person against
32whom the information or indictment is sought is identified
33through the use of a DNA profile, an information or indictment
34shall be found within three years from the date the person is
35identified by the person’s DNA profile, whichever is later.
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