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House File 710 - 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 any of the following:
10a. A person who is required to register as a sex offender
11under chapter 692A for a sex offense against a minor who
12knowingly has control of or unsupervised access to a child or
13a minor when the person is the legal parent or guardian of the
14child or minor and the control or unsupervised access is not
15otherwise illegal.
16b. A person who is required to register as a sex offender
17under chapter 692A for a sex offense against a minor who
18knowingly has control of or unsupervised access to a child or a
19minor when the person is married to and living with the legal
20parent or guardian of the child or minor and the control or
21unsupervised access is not otherwise illegal.
22 Sec. 2. Section 726.6, subsection 3, unnumbered paragraph
231, Code 2021, is amended to read as follows:
24For the purposes of subsection subsections 1 and 1A,
25“person having control over a child or a minor” means any of the
26following:
27 Sec. 3. Section 726.6, subsection 6, Code 2021, is amended
28to read as follows:
296. A person who commits child endangerment resulting in
30bodily injury to a child or minor or child endangerment in
31violation of subsection 1, paragraph “g”, that does not result
32in a serious injury, or a person who commits child endangerment
33in violation of subsection 1A, is guilty of a class “D” felony.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to child endangerment committed by a sex
3offender.
4The bill provides that a person having control over a child
5or a minor who has been convicted of a sex offense against
6a minor, or who knowingly has unsupervised access to a child
7or a minor after the person is required to register as a sex
8offender for a sex offense against a minor under Code chapter
9692A, commits child endangerment. However, the bill does not
10apply to a person who is required to register as a sex offender
11for a sex offense against a minor who knowingly has control
12of or unsupervised access to a child or minor when the person
13is the legal parent or guardian of the child or minor and the
14control or unsupervised access is not otherwise illegal. The
15bill also does not apply to a person required to register as a
16sex offender for a sex offense against a minor who knowingly
17has control of or unsupervised access to a child or minor when
18the person is married to and living with the legal parent or
19guardian of the child or minor and the control or unsupervised
20access is not otherwise illegal. “Person having control over a
21child or a minor” means any of the following: a person who has
22accepted, undertaken, or assumed supervision of a child or such
23a minor from the parent or guardian of the child or minor; a
24person who has undertaken or assumed temporary supervision of a
25child or such a minor without explicit consent from the parent
26or guardian of the child or minor; or a person who operates
27a motor vehicle with a child or such a minor present in the
28vehicle.
29The bill provides that a person who commits child
30endangerment in violation of the bill is guilty of a class “D”
31felony. A class “D” felony is punishable by confinement for no
32more than five years and a fine of at least $1,025 but not more
33than $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 any of the following:
10a. A person who is required to register as a sex offender
11under chapter 692A for a sex offense against a minor who
12knowingly has control of or unsupervised access to a child or
13a minor when the person is the legal parent or guardian of the
14child or minor and the control or unsupervised access is not
15otherwise illegal.
16b. A person who is required to register as a sex offender
17under chapter 692A for a sex offense against a minor who
18knowingly has control of or unsupervised access to a child or a
19minor when the person is married to and living with the legal
20parent or guardian of the child or minor and the control or
21unsupervised access is not otherwise illegal.
22 Sec. 2. Section 726.6, subsection 3, unnumbered paragraph
231, Code 2021, is amended to read as follows:
24For the purposes of subsection subsections 1 and 1A,
25“person having control over a child or a minor” means any of the
26following:
27 Sec. 3. Section 726.6, subsection 6, Code 2021, is amended
28to read as follows:
296. A person who commits child endangerment resulting in
30bodily injury to a child or minor or child endangerment in
31violation of subsection 1, paragraph “g”, that does not result
32in a serious injury, or a person who commits child endangerment
33in violation of subsection 1A, is guilty of a class “D” felony.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to child endangerment committed by a sex
3offender.
4The bill provides that a person having control over a child
5or a minor who has been convicted of a sex offense against
6a minor, or who knowingly has unsupervised access to a child
7or a minor after the person is required to register as a sex
8offender for a sex offense against a minor under Code chapter
9692A, commits child endangerment. However, the bill does not
10apply to a person who is required to register as a sex offender
11for a sex offense against a minor who knowingly has control
12of or unsupervised access to a child or minor when the person
13is the legal parent or guardian of the child or minor and the
14control or unsupervised access is not otherwise illegal. The
15bill also does not apply to a person required to register as a
16sex offender for a sex offense against a minor who knowingly
17has control of or unsupervised access to a child or minor when
18the person is married to and living with the legal parent or
19guardian of the child or minor and the control or unsupervised
20access is not otherwise illegal. “Person having control over a
21child or a minor” means any of the following: a person who has
22accepted, undertaken, or assumed supervision of a child or such
23a minor from the parent or guardian of the child or minor; a
24person who has undertaken or assumed temporary supervision of a
25child or such a minor without explicit consent from the parent
26or guardian of the child or minor; or a person who operates
27a motor vehicle with a child or such a minor present in the
28vehicle.
29The bill provides that a person who commits child
30endangerment in violation of the bill is guilty of a class “D”
31felony. A class “D” felony is punishable by confinement for no
32more than five years and a fine of at least $1,025 but not more
33than $10,245.
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