Senate File 105 - IntroducedA Bill ForAn Act 1establishing the criminal offense of sexual exploitation
2of a student with a disability by an employee of a community
3college and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 614.1, Code 2021, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  15.  Sexual exploitation of a student with
4a disability by an employee of a community college.
  An action
5for damages for injury suffered as a result sexual exploitation
6of a student with a disability by an employee of a community
7college, as defined in section 709.15A, shall be brought within
8five years of the date the victim last received 4+ services
9from an employee of a community college.
10   Sec. 2.  Section 692A.102, subsection 1, paragraph b,
11subparagraph (11), Code 2021, is amended to read as follows:
   12(11)  Sexual exploitation by a counselor, therapist, or
13school employee in violation of section 709.15, or sexual
14exploitation of a student with a disability by an employee of
15a community college in violation of section 709.15A,
if the
16victim is thirteen years of age or older.
17   Sec. 3.  Section 702.11, subsection 2, paragraph d, Code
182021, is amended to read as follows:
   19d.  Sexual exploitation by a counselor, therapist, or school
20employee in violation of section 709.15, or sexual exploitation
21of a student with a disability by an employee of a community
22college in violation of section 709.15A
.
23   Sec. 4.  NEW SECTION.  709.15A  Sexual exploitation of a
24student with a disability by an employee of a community college.
   251.  As used in this section:
   26a.  “4+ services” means secondary planning and transition
27services intended to give students vocational and life skills
28to increase independence in adulthood which are part of
29a student with a disability’s secondary schooling and are
30included in the student’s individualized education program.
   31b.  “Employee of a community college” means a person employed
32by a community college who, pursuant to a contract between a
33school district and the community college, provides 4+ services
34to a student with a disability who is between the ages of
35eighteen and twenty-one, and includes any of the following:
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   1(1)  A person who holds a license, certificate, or statement
2of professional recognition issued under chapter 272.
   3(2)  A person who holds an authorization issued under chapter
4272.
   5(3)  A person employed by the community college full-time,
6part-time, or as a substitute.
   7(4)  A person who performs services as a volunteer for a
8community college and who has direct contact with the student
9receiving 4+ services.
   10(5)  A person who provides services under a contract for such
11services to a community college and who has direct contact with
12the student receiving 4+ services.
   13c.  “Individualized education program” means a written
14statement for each student with a disability identified under
15the law who is attending a secondary educational institution,
16that is developed, reviewed, and revised to ensure that the
17student with a disability receives specialized instruction and
18related services.
   19d.  “Student with a disability” means a person between
20the ages of eighteen and twenty-one who has a disability in
21obtaining an education because of a head injury, autism,
22behavioral disorder, or physical, mental, communication, or
23learning disability, as defined by the rules of the department
24of education.
   252.  a.  Sexual exploitation of a student with a disability
26by an employee of a community college occurs when any of the
27following are found:
   28(1)  A pattern or practice or scheme of conduct to engage in
29any of the conduct described in subparagraph (2).
   30(2)  Any sexual conduct with a student with a disability for
31the purpose of arousing or satisfying the sexual desires of
32the school employee or the student with a disability. Sexual
33conduct includes but is not limited to the following:
   34(a)  Kissing.
   35(b)  Touching of the clothed or unclothed inner thigh,
-2-1breast, groin, buttock, anus, pubes, or genitals.
   2(c)  A sex act as defined in section 702.17.
   3b.  Sexual exploitation of a student with a disability by
4an employee of a community college does not include touching
5that is necessary in the performance of the community college
6employee’s duties while acting within the scope of employment.
   73.  a.  A community college employee who commits sexual
8exploitation of a student with a disability in violation of
9subsection 2, paragraph “a”, subparagraph (1), commits a class
10“D” felony.
   11b.  A community college employee who commits sexual
12exploitation of a student with a disability in violation of
13subsection 2, paragraph “a”, subparagraph (2), commits an
14aggravated misdemeanor.
15   Sec. 5.  Section 709.19, subsection 1, Code 2021, is amended
16to read as follows:
   171.  Upon the filing of an affidavit by a victim, or a parent
18or guardian on behalf of a minor who is a victim, of a crime
19that is a sexual offense in violation of section 709.2, 709.3,
20709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, 709.15A,
21 or 709.16, that states that the presence of or contact with
22the defendant whose release from jail or prison is imminent or
23who has been released from jail or prison continues to pose a
24threat to the safety of the victim, persons residing with the
25victim, or members of the victim’s immediate family, the court
26shall enter a temporary no-contact order which shall require
27the defendant to have no contact with the victim, persons
28residing with the victim, or members of the victim’s immediate
29family.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill establishes the criminal offense of sexual
34exploitation of a student with a disability by an employee of a
35community college and provides penalties.
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   1The bill defines “employee of a community college” to
2mean a person employed by a community college who, pursuant
3to a contract between a school district and the community
4college, provides 4+ services to a student with a disability
5who is between the ages of 18 and 21, and includes any of
6the following: a person who holds a license, certificate,
7statement of professional recognition, or an authorization
8issued under Code chapter 272, whether employed full-time,
9part-time, or as a substitute. The definition also includes
10a volunteer for a community college and a person who provides
11services under a contract for such services to a community
12college, and who has direct contact with the student receiving
134+ services.
   14The bill defines “4+ services” as secondary planning
15and transition services intended to give a student with
16a disability vocational and life skills to increase
17independence in adulthood which are part of a student with
18a disability’s secondary schooling and are included in the
19student’s individualized education program. A “student with
20a disability” means a person between the ages of 18 and 21
21who has a disability in obtaining an education because of a
22head injury, autism, behavioral disorder, or physical, mental,
23communication, or learning disability.
   24The bill provides that sexual exploitation of a student
25with a disability by an employee of a community college occurs
26when any of the following are found: a pattern or practice
27or scheme of conduct to engage in any sexual conduct with
28a student with a disability for the purpose of arousing or
29satisfying the sexual desires of the community college employee
30or the student with a disability. Sexual conduct includes
31but is not limited to: kissing, touching of the clothed or
32unclothed inner thigh, breast, groin, buttock, anus, pubes, or
33genitals, or a sex act as defined in Code section 702.17. It
34does not include touching that is necessary in the performance
35of the community college employee’s duties while acting within
-4-1the scope of employment.
   2The bill provides that an employee of a community college who
3engages in a pattern or practice or scheme of conduct to engage
4in such sexual conduct with a student with a disability commits
5a class “D” felony. An employee of a community college commits
6an aggravated misdemeanor if the employee of a community
7college engages in such sexual conduct with a student with a
8disability.
   9A class “D” felony is punishable by confinement for no more
10than five years and a fine of at least $1,025 but not more
11than $10,245. An aggravated misdemeanor is punishable by
12confinement for no more than two years and a fine of at least
13$855 but not more than $8,540.
   14A person who violates the bill is also subject to a special
15sentence under Code section 903B.2. A special sentence is a
16punishment in addition to the punishment for the underlying
17criminal offense committing the person into the custody of the
18director of the Iowa department of corrections for a period
19of 10 years. A person serving a special sentence begins the
20sentence as if on parole or work release but the sentence is
21subject to a revocation of release for up to two years for a
22first revocation and five years for any second or subsequent
23revocation.
   24A person who violates the bill is classified as a tier II sex
25offender under Code section 692A.102(1)(b)(11) if the child is
2613 years of age or older, and is required to register as a sex
27offender under Code section 692A.103.
   28The bill makes conforming Code changes to Code sections
29614.1 (statute of limitations periods), 702.11 (definition of
30forcible felony), and 709.19 (no-contact order upon dependant’s
31release from jail or prison).
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