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House Study Bill 112 - IntroducedA Bill ForAn Act 1relating to child endangerment committed by a sex
2offender, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 726.6, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. A person having control over a child
4or a minor who has been convicted of a sex offense against
5a minor, or who knowingly has unsupervised access to a child
6or a minor after the person is required to register as a sex
7offender for a sex offense against a minor under chapter 692A,
8commits child endangerment. However, this subsection does not
9apply to a person who is required to register as a sex offender
10who is married to and living with a person who has a child or
11who is the guardian of a child or a minor.
12 Sec. 2. Section 726.6, subsection 3, unnumbered paragraph
131, Code 2021, is amended to read as follows:
14For the purposes of subsection subsections 1 and 1A,
15“person having control over a child or a minor” means any of the
16following:
17 Sec. 3. Section 726.6, subsection 6, Code 2021, is amended
18to read as follows:
196. A person who commits child endangerment resulting in
20bodily injury to a child or minor or child endangerment in
21violation of subsection 1, paragraph “g”, that does not result
22in a serious injury, or a person who commits child endangerment
23in violation of subsection 1A, is guilty of a class “D” felony.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to child endangerment committed by a sex
28offender.
29The bill provides that a person having control over a child
30or a minor who has been convicted of a sex offense against
31a minor, or who knowingly has unsupervised access to a child
32or a minor after the person is required to register as a sex
33offender for a sex offense against a minor under Code chapter
34692A, commits child endangerment. However, this subsection
35does not apply to a person who is required to register as a
-1-1sex offender who is married to and living with a person who
2has a child or who is the guardian of a child or a minor.
3“Person having control over a child or a minor” means any
4of the following: a person who has accepted, undertaken, or
5assumed supervision of a child or such a minor from the parent
6or guardian of the child or minor; a person who has undertaken
7or assumed temporary supervision of a child or such a minor
8without explicit consent from the parent or guardian of the
9child or minor; or a person who operates a motor vehicle with a
10child or such a minor present in the vehicle.
11The bill provides that a person who commits child
12endangerment in violation of the bill is guilty of a class “D”
13felony. A class “D” felony is punishable by confinement for no
14more than five years and a fine of at least $1,025 but not more
15than $10,245.
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2offender, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 726.6, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. A person having control over a child
4or a minor who has been convicted of a sex offense against
5a minor, or who knowingly has unsupervised access to a child
6or a minor after the person is required to register as a sex
7offender for a sex offense against a minor under chapter 692A,
8commits child endangerment. However, this subsection does not
9apply to a person who is required to register as a sex offender
10who is married to and living with a person who has a child or
11who is the guardian of a child or a minor.
12 Sec. 2. Section 726.6, subsection 3, unnumbered paragraph
131, Code 2021, is amended to read as follows:
14For the purposes of subsection subsections 1 and 1A,
15“person having control over a child or a minor” means any of the
16following:
17 Sec. 3. Section 726.6, subsection 6, Code 2021, is amended
18to read as follows:
196. A person who commits child endangerment resulting in
20bodily injury to a child or minor or child endangerment in
21violation of subsection 1, paragraph “g”, that does not result
22in a serious injury, or a person who commits child endangerment
23in violation of subsection 1A, is guilty of a class “D” felony.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to child endangerment committed by a sex
28offender.
29The bill provides that a person having control over a child
30or a minor who has been convicted of a sex offense against
31a minor, or who knowingly has unsupervised access to a child
32or a minor after the person is required to register as a sex
33offender for a sex offense against a minor under Code chapter
34692A, commits child endangerment. However, this subsection
35does not apply to a person who is required to register as a
-1-1sex offender who is married to and living with a person who
2has a child or who is the guardian of a child or a minor.
3“Person having control over a child or a minor” means any
4of the following: a person who has accepted, undertaken, or
5assumed supervision of a child or such a minor from the parent
6or guardian of the child or minor; a person who has undertaken
7or assumed temporary supervision of a child or such a minor
8without explicit consent from the parent or guardian of the
9child or minor; or a person who operates a motor vehicle with a
10child or such a minor present in the vehicle.
11The bill provides that a person who commits child
12endangerment in violation of the bill is guilty of a class “D”
13felony. A class “D” felony is punishable by confinement for no
14more than five years and a fine of at least $1,025 but not more
15than $10,245.
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