Senate Study Bill 1048 - IntroducedA Bill ForAn Act 1relating to continuous sexual abuse of a child, and
2making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 709.23, subsections 1, 2, 3, and 6, Code
22023, are amended to read as follows:
   31.  A person eighteen years of age or older commits
4continuous sexual abuse of a child when the person engages
5in any combination of three or more acts of sexual abuse in
6violation of section 709.3 or 709.4,
with the same child, and
7at least thirty days have elapsed between the first and last
8acts of sexual abuse.
   92.  A person who commits continuous sexual abuse of a
10child is, upon conviction, guilty of a class “B” felony.
11Notwithstanding section 902.9, subsection 1, paragraph “b”, a
12person convicted of a violation of this section involving any
13combination of three or more acts of sexual abuse that includes
14a violation of section 709.3 or 709.4
shall be confined for no
15more than fifty years.
   163.  If a jury is the trier of fact, members of the jury must
17unanimously agree that three or more acts of sexual abuse in
18violation of section 709.3 or 709.4
were committed with the
19same child and at least thirty days have elapsed between the
20first and last acts of sexual abuse. The jury does not need
21to unanimously agree which specific acts were committed or the
22exact date when those acts were committed.
   236.  Each act of sexual abuse committed under section 709.3
24or 709.4 shall be considered a lesser included offense to the
25crime of continuous sexual abuse of a child under this section.
26   Sec. 2.  Section 902.12, subsection 1, Code 2023, is amended
27by adding the following new paragraph:
28   NEW PARAGRAPH.  g.  Continuous sexual abuse of a child in
29violation of section 709.23.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to continuous sexual abuse of a child and
34makes penalties applicable.
   35Current law provides that a person 18 years of age or older
-1-1commits continuous sexual abuse of a child when the person
2engages in any combination of three or more acts of sexual
3abuse in violation of section 709.3 (sexual abuse in the second
4degree) or 709.4 (sexual abuse in the third degree), with the
5same child, and at least 30 days have elapsed between the first
6and last acts of sexual abuse. The bill removes specific
7references to Code sections 709.3 and 709.4 and provides that a
8person 18 years of age or older commits continuous sexual abuse
9of a child when the person engages in any combination of three
10or more acts of sexual abuse with the same child, and at least
1130 days have elapsed between the first and last acts of sexual
12abuse.
   13A person who commits continuous sexual abuse of a child is
14guilty of a class “B” felony and shall be confined for not more
15than 50 years. If a jury is the trier of fact, the jury must
16unanimously agree that three or more acts of sexual abuse were
17committed with the same child and that at least 30 days have
18elapsed between the first act and the last act, but the jury
19need not unanimously agree which specific acts were committed,
20and on which exact dates the acts occurred. Each act of sexual
21abuse is a lesser included offense of continuous sexual abuse
22of a child. “Sexual abuse” is defined in Code section 709.1 to
23include any sex act between persons when the act is performed
24with a child. “Child” is defined in Code section 702.5 as any
25person under the age of 14.
   26The bill provides that a person serving a sentence for a
27conviction of continuous sexual abuse of a child shall be
28denied parole or work release unless the person has served
29at least seven-tenths of the maximum term of the person’s
30sentence.
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