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Senate File 372 - IntroducedA Bill ForAn Act 1relating to sexual exploitation by an adult providing
2training or instruction, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 12, Code 2021, is
2amended to read as follows:
312. Sexual abuse or sexual exploitation by a counselor,
4therapist, or school employee, or adult providing training or
5instruction. An action for damages for injury suffered as
6a result of sexual abuse, as defined in section 709.1, by a
7counselor, therapist, or school employee, or adult providing
8training or instruction, as defined in section 709.15, or as
9a result of sexual exploitation by a counselor, therapist, or
10 school employee, or adult providing training or instruction
11 shall be brought within five years of the date the victim was
12last treated by the counselor or therapist, or within five
13years of the date the victim was last enrolled in or attended
14the school.
15 Sec. 2. Section 692A.102, subsection 1, paragraph b,
16subparagraph (11), Code 2021, is amended to read as follows:
17(11) Sexual exploitation by a counselor, therapist, or
18 school employee, or adult providing training or instruction in
19violation of section 709.15, if the victim is thirteen years of
20age or older.
21 Sec. 3. Section 692A.102, subsection 1, paragraph c,
22subparagraph (28), Code 2021, is amended to read as follows:
23(28) Sexual exploitation by a counselor, therapist, or
24 school employee, or adult providing training or instruction in
25violation of section 709.15, if the child is under thirteen
26years of age.
27 Sec. 4. Section 702.11, subsection 2, paragraph d, Code
282021, is amended to read as follows:
29d. Sexual exploitation by a counselor, therapist, or
30 school employee, or adult providing training or instruction in
31violation of section 709.15.
32 Sec. 5. Section 709.15, subsection 1, Code 2021, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. 0a. “Adult providing training or instruction”
35means a person age eighteen or older, whether paid or unpaid,
-1-1who is not a school employee, who provides training or
2instruction to a minor outside of a school setting. “Adult
3providing training or instruction” includes but is not limited
4to a person age eighteen or older providing training or
5instruction related to the use of firearms, athletics outside
6of a school setting, or any other activities which result in a
7minor receiving a certificate or license.
8 Sec. 6. Section 709.15, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 3A. a. Sexual exploitation by an adult
11providing training or instruction occurs when any of the
12following are found:
13(1) A pattern or practice or scheme of conduct to engage in
14any of the conduct described in subparagraph (2).
15(2) Any sexual conduct with a minor for the purpose
16of arousing or satisfying the sexual desires of the adult
17providing training or instruction or the minor. Sexual conduct
18includes but is not limited to the following:
19(a) Kissing.
20(b) Touching of the clothed or unclothed inner thigh,
21breast, groin, buttock, anus, pubes, or genitals.
22(c) A sex act as defined in section 702.17.
23b. Sexual exploitation by an adult providing training or
24instruction does not include touching that is necessary in the
25performance of the adult’s duties while providing training or
26instruction.
27 Sec. 7. Section 709.15, Code 2021, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 6. a. An adult providing training or
30instruction who commits sexual exploitation in violation of
31subsection 3A, paragraph “a”, subparagraph (1), commits a class
32“D” felony.
33b. An adult providing training or instruction who commits
34sexual exploitation in violation of subsection 3A, paragraph
35“a”, subparagraph (2), commits an aggravated misdemeanor.
-2-1 Sec. 8. Section 802.2A, subsection 2, Code 2021, is amended
2to read as follows:
32. An indictment or information for sexual exploitation by a
4counselor, therapist, or school employee, or an adult providing
5training or instruction under section 709.15 committed on or
6with a person who is under the age of eighteen shall be found
7within fifteen years after the person upon whom the offense is
8committed attains eighteen years of age. An information or
9indictment for any other sexual exploitation shall be found
10within ten years of the date the victim was last treated by the
11counselor or therapist, or within ten years of the date the
12victim was enrolled in or attended the school.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to sexual exploitation by an adult
17providing training or instruction and provides penalties.
18The bill amends Code section 709.15 (sexual exploitation by
19a counselor, therapist, or school employee) to include an adult
20providing training or instruction. The bill defines “adult
21providing training or instruction” as a person age 18 or older,
22whether paid or unpaid, who is not a school employee, who
23provides training or instruction to a minor outside of a school
24setting. “Adult providing training or instruction” includes
25but is not limited to a person 18 or older providing training
26or instruction related to the use of firearms, athletics
27outside of a school setting, or activities which result in a
28minor receiving a certificate or license.
29The bill provides that there are two alternative means
30of committing the offense of sexual exploitation by an adult
31providing training or instruction. Sexual exploitation by
32an adult providing training or instruction occurs when the
33person engages in a pattern or practice or scheme of conduct
34to engage in any sexual conduct with a minor for the purpose
35of arousing or satisfying the sexual desires of the adult
-3-1providing training or instruction or the minor, or engages in
2any sexual conduct with a minor for the purpose of arousing or
3satisfying the sexual desires of the adult providing training
4or instruction or the minor. “Sexual conduct” is defined
5to include but is not limited to kissing; touching of the
6clothed or unclothed inner thigh, breast, groin, buttock, anus,
7pubes, or genitals; or a sex act as defined in Code section
8702.17. The bill provides that sexual exploitation by an adult
9providing training or instruction does not include touching
10that is necessary in the performance of the adult’s duties
11while providing training or instruction.
12The bill provides that an adult providing training or
13instruction who engages in a pattern or practice or scheme of
14conduct to engage in such sexual conduct with a minor commits a
15class “D” felony. An adult providing training or instruction
16commits an aggravated misdemeanor if the adult providing
17training or instruction engages in such sexual conduct with a
18minor. A class “D” felony is punishable by confinement for
19no more than five years and a fine of at least $1,025 but not
20more than $10,245. An aggravated misdemeanor is punishable by
21confinement for no more than two years and a fine of at least
22$855 but not more than $8,540.
23A person who violates the bill is also subject to a special
24sentence under Code section 903B.2. A special sentence is a
25punishment in addition to the punishment for the underlying
26criminal offense committing the person into the custody of the
27director of the Iowa department of corrections for a period
28of 10 years. A person serving a special sentence begins the
29sentence as if on parole or work release but the sentence is
30subject to a revocation of release for up to two years for a
31first revocation and five years for any second or subsequent
32revocation.
33A person who violates the bill is classified as a tier II sex
34offender under Code section 692A.102(1)(b)(11) if the child is
3513 years of age or older, or a tier III sex offender under Code
-4-1section 692A.102(1)(c)(28) if the child is under 13 years of
2age, and is required to register as a sex offender under Code
3section 692A.103.
4A person who violates the bill is also subject to a
5no-contact order upon release from jail or prison under Code
6section 709.19 and hormonal intervention therapy under Code
7section 903B.10(3)(h).
8The bill makes conforming Code changes to Code sections
9614.1 and 802.2A (statute of limitations periods) and 702.11
10(definition of forcible felony).
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2training or instruction, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 12, Code 2021, is
2amended to read as follows:
312. Sexual abuse or sexual exploitation by a counselor,
4therapist, or school employee, or adult providing training or
5instruction. An action for damages for injury suffered as
6a result of sexual abuse, as defined in section 709.1, by a
7counselor, therapist, or school employee, or adult providing
8training or instruction, as defined in section 709.15, or as
9a result of sexual exploitation by a counselor, therapist, or
10 school employee, or adult providing training or instruction
11 shall be brought within five years of the date the victim was
12last treated by the counselor or therapist, or within five
13years of the date the victim was last enrolled in or attended
14the school.
15 Sec. 2. Section 692A.102, subsection 1, paragraph b,
16subparagraph (11), Code 2021, is amended to read as follows:
17(11) Sexual exploitation by a counselor, therapist, or
18 school employee, or adult providing training or instruction in
19violation of section 709.15, if the victim is thirteen years of
20age or older.
21 Sec. 3. Section 692A.102, subsection 1, paragraph c,
22subparagraph (28), Code 2021, is amended to read as follows:
23(28) Sexual exploitation by a counselor, therapist, or
24 school employee, or adult providing training or instruction in
25violation of section 709.15, if the child is under thirteen
26years of age.
27 Sec. 4. Section 702.11, subsection 2, paragraph d, Code
282021, is amended to read as follows:
29d. Sexual exploitation by a counselor, therapist, or
30 school employee, or adult providing training or instruction in
31violation of section 709.15.
32 Sec. 5. Section 709.15, subsection 1, Code 2021, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. 0a. “Adult providing training or instruction”
35means a person age eighteen or older, whether paid or unpaid,
-1-1who is not a school employee, who provides training or
2instruction to a minor outside of a school setting. “Adult
3providing training or instruction” includes but is not limited
4to a person age eighteen or older providing training or
5instruction related to the use of firearms, athletics outside
6of a school setting, or any other activities which result in a
7minor receiving a certificate or license.
8 Sec. 6. Section 709.15, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 3A. a. Sexual exploitation by an adult
11providing training or instruction occurs when any of the
12following are found:
13(1) A pattern or practice or scheme of conduct to engage in
14any of the conduct described in subparagraph (2).
15(2) Any sexual conduct with a minor for the purpose
16of arousing or satisfying the sexual desires of the adult
17providing training or instruction or the minor. Sexual conduct
18includes but is not limited to the following:
19(a) Kissing.
20(b) Touching of the clothed or unclothed inner thigh,
21breast, groin, buttock, anus, pubes, or genitals.
22(c) A sex act as defined in section 702.17.
23b. Sexual exploitation by an adult providing training or
24instruction does not include touching that is necessary in the
25performance of the adult’s duties while providing training or
26instruction.
27 Sec. 7. Section 709.15, Code 2021, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 6. a. An adult providing training or
30instruction who commits sexual exploitation in violation of
31subsection 3A, paragraph “a”, subparagraph (1), commits a class
32“D” felony.
33b. An adult providing training or instruction who commits
34sexual exploitation in violation of subsection 3A, paragraph
35“a”, subparagraph (2), commits an aggravated misdemeanor.
-2-1 Sec. 8. Section 802.2A, subsection 2, Code 2021, is amended
2to read as follows:
32. An indictment or information for sexual exploitation by a
4counselor, therapist, or school employee, or an adult providing
5training or instruction under section 709.15 committed on or
6with a person who is under the age of eighteen shall be found
7within fifteen years after the person upon whom the offense is
8committed attains eighteen years of age. An information or
9indictment for any other sexual exploitation shall be found
10within ten years of the date the victim was last treated by the
11counselor or therapist, or within ten years of the date the
12victim was enrolled in or attended the school.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to sexual exploitation by an adult
17providing training or instruction and provides penalties.
18The bill amends Code section 709.15 (sexual exploitation by
19a counselor, therapist, or school employee) to include an adult
20providing training or instruction. The bill defines “adult
21providing training or instruction” as a person age 18 or older,
22whether paid or unpaid, who is not a school employee, who
23provides training or instruction to a minor outside of a school
24setting. “Adult providing training or instruction” includes
25but is not limited to a person 18 or older providing training
26or instruction related to the use of firearms, athletics
27outside of a school setting, or activities which result in a
28minor receiving a certificate or license.
29The bill provides that there are two alternative means
30of committing the offense of sexual exploitation by an adult
31providing training or instruction. Sexual exploitation by
32an adult providing training or instruction occurs when the
33person engages in a pattern or practice or scheme of conduct
34to engage in any sexual conduct with a minor for the purpose
35of arousing or satisfying the sexual desires of the adult
-3-1providing training or instruction or the minor, or engages in
2any sexual conduct with a minor for the purpose of arousing or
3satisfying the sexual desires of the adult providing training
4or instruction or the minor. “Sexual conduct” is defined
5to include but is not limited to kissing; touching of the
6clothed or unclothed inner thigh, breast, groin, buttock, anus,
7pubes, or genitals; or a sex act as defined in Code section
8702.17. The bill provides that sexual exploitation by an adult
9providing training or instruction does not include touching
10that is necessary in the performance of the adult’s duties
11while providing training or instruction.
12The bill provides that an adult providing training or
13instruction who engages in a pattern or practice or scheme of
14conduct to engage in such sexual conduct with a minor commits a
15class “D” felony. An adult providing training or instruction
16commits an aggravated misdemeanor if the adult providing
17training or instruction engages in such sexual conduct with a
18minor. A class “D” felony is punishable by confinement for
19no more than five years and a fine of at least $1,025 but not
20more than $10,245. An aggravated misdemeanor is punishable by
21confinement for no more than two years and a fine of at least
22$855 but not more than $8,540.
23A person who violates the bill is also subject to a special
24sentence under Code section 903B.2. A special sentence is a
25punishment in addition to the punishment for the underlying
26criminal offense committing the person into the custody of the
27director of the Iowa department of corrections for a period
28of 10 years. A person serving a special sentence begins the
29sentence as if on parole or work release but the sentence is
30subject to a revocation of release for up to two years for a
31first revocation and five years for any second or subsequent
32revocation.
33A person who violates the bill is classified as a tier II sex
34offender under Code section 692A.102(1)(b)(11) if the child is
3513 years of age or older, or a tier III sex offender under Code
-4-1section 692A.102(1)(c)(28) if the child is under 13 years of
2age, and is required to register as a sex offender under Code
3section 692A.103.
4A person who violates the bill is also subject to a
5no-contact order upon release from jail or prison under Code
6section 709.19 and hormonal intervention therapy under Code
7section 903B.10(3)(h).
8The bill makes conforming Code changes to Code sections
9614.1 and 802.2A (statute of limitations periods) and 702.11
10(definition of forcible felony).
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