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House Study Bill 527 - IntroducedA Bill ForAn Act 1relating to sexual exploitation by a counselor,
2therapist, or school employee, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.15, subsection 1, paragraphs g and h,
2Code 2022, are amended to read as follows:
3g. (1) “School employee” means any of the following, except
4as provided in subparagraph (2):
5(a) A person who holds a license, certificate, or statement
6of professional recognition issued under chapter 272.
7(b) A person who holds an authorization issued under chapter
8272.
9(c) A person employed by a school district, nonpublic
10elementary or secondary school, or charter school full-time,
11part-time, or as a substitute.
12(d) A person who performs services as a volunteer for a
13school district, nonpublic elementary or secondary school, or
14charter school and who has direct supervisory authority over
15the student with whom the person engages in conduct prohibited
16under subsection 3, paragraph “a”.
17(e) A person who provides services under a contract for such
18services to a school district and who has direct supervisory
19authority over the student with whom the person, nonpublic
20elementary or secondary school, or charter school engages in
21conduct prohibited under subsection 3, paragraph “a”.
22(f) A person employed by a community college full-time,
23part-time, or as a substitute who provides instruction to
24high school students under a sharing or concurrent enrollment
25program offered in accordance with section 257.11 or 261E.8.
26(2) “School employee” does not include a student enrolled
27in the school district.
28h. “Student” means a person who is currently enrolled in
29or attending a public or nonpublic elementary or secondary
30school or charter school, or who was a student enrolled in or
31who attended a public or nonpublic elementary or secondary
32school or charter school within thirty days of any violation of
33subsection 3.
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 sexual exploitation by a counselor,
3therapist, or school employee.
4The bill adds a person employed by, performing volunteer
5services for, or providing contract services to a nonpublic
6elementary or secondary school or charter school to the
7definition of “school employee”.
8The bill adds a person currently enrolled in or attending
9a charter school, or a person who was a student enrolled in
10or attending a charter school within 30 days of any sexual
11exploitation by a school employee in violation of Code section
12709.15(3) to the definition of “student”.
13A school employee who commits sexual exploitation commits
14either a class “D” felony or an aggravated misdemeanor,
15depending on the nature of the offense. A class “D” felony
16is punishable by confinement for no more than five years
17and a fine of at least $1,025 but not more than $10,245. An
18aggravated misdemeanor is punishable by confinement for no more
19than two years and a fine of at least $855 but not more than
20$8,540.
21A person who violates the bill is subject to a special
22sentence under Code section 903B.2; is classified as a tier II
23sex offender under Code section 692A.102(1)(b)(11) if the child
24is 13 years of age or older, or a tier III sex offender under
25Code section 692A.102(1)(c)(28) if the child is under 13 years
26of age, and is required to register as a sex offender under
27Code section 692A.103; and is subject to a no-contact order
28upon release from jail or prison under Code section 709.19 and
29hormonal intervention therapy under Code section 903B.10(3)(h).
30A violation of the bill is a forcible felony under Code
31section 702.11.
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2therapist, or school employee, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.15, subsection 1, paragraphs g and h,
2Code 2022, are amended to read as follows:
3g. (1) “School employee” means any of the following, except
4as provided in subparagraph (2):
5(a) A person who holds a license, certificate, or statement
6of professional recognition issued under chapter 272.
7(b) A person who holds an authorization issued under chapter
8272.
9(c) A person employed by a school district, nonpublic
10elementary or secondary school, or charter school full-time,
11part-time, or as a substitute.
12(d) A person who performs services as a volunteer for a
13school district, nonpublic elementary or secondary school, or
14charter school and who has direct supervisory authority over
15the student with whom the person engages in conduct prohibited
16under subsection 3, paragraph “a”.
17(e) A person who provides services under a contract for such
18services to a school district and who has direct supervisory
19authority over the student with whom the person, nonpublic
20elementary or secondary school, or charter school engages in
21conduct prohibited under subsection 3, paragraph “a”.
22(f) A person employed by a community college full-time,
23part-time, or as a substitute who provides instruction to
24high school students under a sharing or concurrent enrollment
25program offered in accordance with section 257.11 or 261E.8.
26(2) “School employee” does not include a student enrolled
27in the school district.
28h. “Student” means a person who is currently enrolled in
29or attending a public or nonpublic elementary or secondary
30school or charter school, or who was a student enrolled in or
31who attended a public or nonpublic elementary or secondary
32school or charter school within thirty days of any violation of
33subsection 3.
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 sexual exploitation by a counselor,
3therapist, or school employee.
4The bill adds a person employed by, performing volunteer
5services for, or providing contract services to a nonpublic
6elementary or secondary school or charter school to the
7definition of “school employee”.
8The bill adds a person currently enrolled in or attending
9a charter school, or a person who was a student enrolled in
10or attending a charter school within 30 days of any sexual
11exploitation by a school employee in violation of Code section
12709.15(3) to the definition of “student”.
13A school employee who commits sexual exploitation commits
14either a class “D” felony or an aggravated misdemeanor,
15depending on the nature of the offense. A class “D” felony
16is punishable by confinement for no more than five years
17and a fine of at least $1,025 but not more than $10,245. An
18aggravated misdemeanor is punishable by confinement for no more
19than two years and a fine of at least $855 but not more than
20$8,540.
21A person who violates the bill is subject to a special
22sentence under Code section 903B.2; is classified as a tier II
23sex offender under Code section 692A.102(1)(b)(11) if the child
24is 13 years of age or older, or a tier III sex offender under
25Code section 692A.102(1)(c)(28) if the child is under 13 years
26of age, and is required to register as a sex offender under
27Code section 692A.103; and is subject to a no-contact order
28upon release from jail or prison under Code section 709.19 and
29hormonal intervention therapy under Code section 903B.10(3)(h).
30A violation of the bill is a forcible felony under Code
31section 702.11.
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