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Senate File 243 - IntroducedA Bill ForAn Act 1extending the limitations of certain criminal actions
2committed on or with minors, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 802.2, subsection 1, Code 2017, is
2amended to read as follows:
31. An information or indictment for sexual abuse in the
4first, second, or third degree committed on or with a person
5who is under the age of eighteen years shall may be found
6within ten years after the person upon whom the offense is
7committed attains eighteen years of age, or if the person
8against whom the information or indictment is sought is
9identified through the use of a DNA profile, an information or
10indictment shall be found within three years from the date the
11person is identified by the person’s DNA profile, whichever is
12later at any time after the commission of the offense.
13 Sec. 2. Section 802.2A, Code 2017, is amended to read as
14follows:
15802.2A Incest — sexual exploitation by a counselor,
16therapist, or school employee.
171. An information or indictment for incest under section
18726.2 committed on or with a person who is under the age of
19eighteen shall may be found within ten years after the person
20upon whom the offense is committed attains eighteen years of
21age. An information or indictment for any other incest shall
22be found within ten years after its at any time after the
23 commission of the offense.
242. An indictment or information for sexual exploitation by
25a counselor, therapist, or school employee under section 709.15
26committed on or with a person who is under the age of eighteen
27shall may be found within ten years after the person upon whom
28the offense is committed attains eighteen years of age at any
29time after the commission of the offense. An information or
30indictment for any other sexual exploitation shall be found
31within ten years of the date the victim was last treated by the
32counselor or therapist, or within ten years of the date the
33victim was enrolled in or attended the school.
34 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2017,
35is amended to read as follows:
-1- 1An information or indictment for the following offenses
2committed on or with a person who is under the age of eighteen
3years shall may be found within ten years after the person upon
4whom the offense is committed attains eighteen years of age,
5or if the person against whom the information or indictment
6is sought is identified through the use of a DNA profile, an
7information or indictment shall be found within three years
8from the date the person is identified by the person’s DNA
9profile, whichever is later at any time after the commission
10of the offense:
11 Sec. 4. Section 802.2C, Code 2017, is amended to read as
12follows:
13802.2C Kidnapping.
14An information or indictment for kidnapping in the first,
15second, or third degree committed on or with a person who is
16under the age of eighteen years shall may be found within ten
17years after the person upon whom the offense is committed
18attains eighteen years of age, or if the person against whom
19the information or indictment is sought is identified through
20the use of a DNA profile, an information or indictment shall be
21found within three years from the date the person is identified
22by the person’s DNA profile, whichever is later commenced at
23any time after the commission of the offense.
24 Sec. 5. Section 802.2D, Code 2017, is amended to read as
25follows:
26802.2D Human trafficking.
27An information or indictment for human trafficking in
28violation of section 710A.2, committed on or with a person who
29is under the age of eighteen years shall may be found within
30ten years after the person upon whom the offense is committed
31attains eighteen years of age, or if the person against whom
32the information or indictment is sought is identified through
33the use of a DNA profile, an information or indictment shall be
34found within three years from the date the person is identified
35by the person’s DNA profile, whichever is later at any time
-2-1after the commission of the offense.
2 Sec. 6. Section 802.10, subsection 3, Code 2017, is amended
3to read as follows:
43. However, notwithstanding subsection 2, an indictment or
5information shall be found against a person within three years
6from the date the person is identified by the person’s DNA
7profile. If the action involves sexual abuse, another sexual
8offense, kidnapping, or human trafficking, the indictment
9or information shall be found as provided in section 802.2,
10802.2B, 802.2C, or 802.2D, if the person is identified by the
11person’s DNA profile.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill extends the limitations of certain criminal
16actions (statute of limitations) committed on or with minors.
17The amendment to Code section 802.2 provides that an
18information or indictment for sexual abuse in the first,
19second, or third degree committed on or with a person who
20is under the age of 18 years may be found at any time after
21commission of the offense. Under current law, an information
22or indictment for a sexual abuse offense committed on or with
23a person who is under 18 years of age shall be found within
2410 years after the person upon whom the offense is committed
25attains 18 years of age, or if the person against whom the
26information or indictment is sought is identified through the
27use of a DNA profile, an information or indictment shall be
28found within three years from the date the person is identified
29by the person’s DNA profile, whichever is later.
30The amendment to Code section 802.2A provides that an
31information or indictment for incest under Code section 726.2
32committed on or with a person who is under the age of 18 may
33be found at any time after commission of the offense. Under
34current law, an information or indictment for incest shall be
35found within 10 years after the person upon whom the offense
-3-1is committed attains 18 years of age. For other incest
2offenses committed upon a person 18 years of age or older,
3the information or indictment shall be found within 10 years
4after the commission of the offense. If the person against
5whom the information or indictment is sought is identified
6only through the use of a DNA profile, the limitation shall be
7tolled. However, an information or indictment shall be found
8within three years from the date the person is identified by
9the person’s DNA profile.
10The amendment to Code section 802.2A also provides that
11an information or indictment for sexual exploitation by a
12counselor, therapist, or school employee under Code section
13709.15 committed on or with a person who is under the age of
1418 may be found at any time after commission of the offense.
15Under current law, an information or indictment for sexual
16exploitation by a counselor, therapist, or school employee
17shall be found within 10 years after the person upon whom the
18offense is committed attains 18 years of age. For other sexual
19exploitation by a counselor, therapist, or school employee
20offenses committed upon a person 18 years of age or older, the
21information or indictment shall be found within 10 years of the
22date the person was last treated by the counselor or therapist,
23or within 10 years of the date the person was enrolled in or
24attended the school.
25The amendment to Code section 802.2B provides that an
26information or indictment may be commenced at any time after
27the commission of any of the following offenses if the offense
28is committed on or with a person under the age of 18: sexual
29abuse in the first degree in violation of Code section 709.2;
30sexual abuse in the second degree in violation of Code section
31709.3; sexual abuse in the third degree in violation of Code
32section 709.4; lascivious acts with a child in violation of
33Code section 709.8; assault with intent to commit sexual abuse
34in violation of Code section 709.11; indecent contact with a
35child in violation of Code section 709.12; lascivious conduct
-4-1with a minor in violation of Code section 709.14; sexual
2exploitation by a counselor, therapist, or school employee in
3violation of Code section 709.15; sexual misconduct with a
4juvenile in violation of Code section 709.16, subsection 2;
5kidnapping in the first degree in violation of Code section
6710.2; kidnapping in the second degree in violation of Code
7section 710.3; kidnapping in the third degree in violation of
8Code section 710.4; human trafficking in violation of Code
9section 710A.2; incest in violation of Code section 726.2; and
10sexual exploitation of a minor in violation of Code section
11728.12. Under current law for the preceding offenses, an
12information or indictment committed on or with a person who
13is under 18 years of age shall be found within 10 years after
14the person upon whom the offense is committed attains 18 years
15of age, or if the person against whom the information or
16indictment is sought is identified through the use of a DNA
17profile, an information or indictment shall be found within
18three years from the date the person is identified by the
19person’s DNA profile, whichever is later.
20The amendment to Code section 802.2C provides that an
21information or indictment for kidnapping in the first, second,
22or third degree committed on or with a person who is under the
23age of 18 years may be found at any time after commission of
24the offense. Under current law for kidnapping offenses, the
25information or indictment for an offense committed on or with
26a person who is under the age of 18 years of age, shall be
27found within 10 years after the person upon whom the offense
28is committed attains 18 years of age, or if the person against
29whom the information or indictment is sought is identified
30through the use of a DNA profile, an information or indictment
31shall be found within three years from the date the person is
32identified by the person’s DNA profile, whichever is later.
33The amendment to Code section 802.2D provides that an
34information or indictment for human trafficking in violation of
35Code section 710A.2, committed on or with a person who is under
-5-1the age of 18 years may be found at any time after commission of
2the offense. Under current law for human trafficking offenses,
3the information or indictment for an offense committed on or
4with a person who is under the age of 18 years of age, shall be
5found within 10 years after the person upon whom the offense
6is committed attains 18 years of age, or if the person against
7whom the information or indictment is sought is identified
8through the use of a DNA profile, an information or indictment
9shall be found within three years from the date the person is
10identified by the person’s DNA profile, whichever is later.
11The amendment to Code section 802.10 makes conforming
12changes to comply with the changes in the bill.
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2committed on or with minors, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 802.2, subsection 1, Code 2017, is
2amended to read as follows:
31. An information or indictment for sexual abuse in the
4first, second, or third degree committed on or with a person
5who is under the age of eighteen years shall may be found
6within ten years after the person upon whom the offense is
7committed attains eighteen years of age, or if the person
8against whom the information or indictment is sought is
9identified through the use of a DNA profile, an information or
10indictment shall be found within three years from the date the
11person is identified by the person’s DNA profile, whichever is
12later at any time after the commission of the offense.
13 Sec. 2. Section 802.2A, Code 2017, is amended to read as
14follows:
15802.2A Incest — sexual exploitation by a counselor,
16therapist, or school employee.
171. An information or indictment for incest under section
18726.2 committed on or with a person who is under the age of
19eighteen shall may be found within ten years after the person
20upon whom the offense is committed attains eighteen years of
21age. An information or indictment for any other incest shall
22be found within ten years after its at any time after the
23 commission of the offense.
242. An indictment or information for sexual exploitation by
25a counselor, therapist, or school employee under section 709.15
26committed on or with a person who is under the age of eighteen
27shall may be found within ten years after the person upon whom
28the offense is committed attains eighteen years of age at any
29time after the commission of the offense. An information or
30indictment for any other sexual exploitation shall be found
31within ten years of the date the victim was last treated by the
32counselor or therapist, or within ten years of the date the
33victim was enrolled in or attended the school.
34 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2017,
35is amended to read as follows:
-1- 1An information or indictment for the following offenses
2committed on or with a person who is under the age of eighteen
3years shall may be found within ten years after the person upon
4whom the offense is committed attains eighteen years of age,
5or if the person against whom the information or indictment
6is sought is identified through the use of a DNA profile, an
7information or indictment shall be found within three years
8from the date the person is identified by the person’s DNA
9profile, whichever is later at any time after the commission
10of the offense:
11 Sec. 4. Section 802.2C, Code 2017, is amended to read as
12follows:
13802.2C Kidnapping.
14An information or indictment for kidnapping in the first,
15second, or third degree committed on or with a person who is
16under the age of eighteen years shall may be found within ten
17years after the person upon whom the offense is committed
18attains eighteen years of age, or if the person against whom
19the information or indictment is sought is identified through
20the use of a DNA profile, an information or indictment shall be
21found within three years from the date the person is identified
22by the person’s DNA profile, whichever is later commenced at
23any time after the commission of the offense.
24 Sec. 5. Section 802.2D, Code 2017, is amended to read as
25follows:
26802.2D Human trafficking.
27An information or indictment for human trafficking in
28violation of section 710A.2, committed on or with a person who
29is under the age of eighteen years shall may be found within
30ten years after the person upon whom the offense is committed
31attains eighteen years of age, or if the person against whom
32the information or indictment is sought is identified through
33the use of a DNA profile, an information or indictment shall be
34found within three years from the date the person is identified
35by the person’s DNA profile, whichever is later at any time
-2-1after the commission of the offense.
2 Sec. 6. Section 802.10, subsection 3, Code 2017, is amended
3to read as follows:
43. However, notwithstanding subsection 2, an indictment or
5information shall be found against a person within three years
6from the date the person is identified by the person’s DNA
7profile. If the action involves sexual abuse, another sexual
8offense, kidnapping, or human trafficking, the indictment
9or information shall be found as provided in section 802.2,
10802.2B, 802.2C, or 802.2D, if the person is identified by the
11person’s DNA profile.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill extends the limitations of certain criminal
16actions (statute of limitations) committed on or with minors.
17The amendment to Code section 802.2 provides that an
18information or indictment for sexual abuse in the first,
19second, or third degree committed on or with a person who
20is under the age of 18 years may be found at any time after
21commission of the offense. Under current law, an information
22or indictment for a sexual abuse offense committed on or with
23a person who is under 18 years of age shall be found within
2410 years after the person upon whom the offense is committed
25attains 18 years of age, or if the person against whom the
26information or indictment is sought is identified through the
27use of a DNA profile, an information or indictment shall be
28found within three years from the date the person is identified
29by the person’s DNA profile, whichever is later.
30The amendment to Code section 802.2A provides that an
31information or indictment for incest under Code section 726.2
32committed on or with a person who is under the age of 18 may
33be found at any time after commission of the offense. Under
34current law, an information or indictment for incest shall be
35found within 10 years after the person upon whom the offense
-3-1is committed attains 18 years of age. For other incest
2offenses committed upon a person 18 years of age or older,
3the information or indictment shall be found within 10 years
4after the commission of the offense. If the person against
5whom the information or indictment is sought is identified
6only through the use of a DNA profile, the limitation shall be
7tolled. However, an information or indictment shall be found
8within three years from the date the person is identified by
9the person’s DNA profile.
10The amendment to Code section 802.2A also provides that
11an information or indictment for sexual exploitation by a
12counselor, therapist, or school employee under Code section
13709.15 committed on or with a person who is under the age of
1418 may be found at any time after commission of the offense.
15Under current law, an information or indictment for sexual
16exploitation by a counselor, therapist, or school employee
17shall be found within 10 years after the person upon whom the
18offense is committed attains 18 years of age. For other sexual
19exploitation by a counselor, therapist, or school employee
20offenses committed upon a person 18 years of age or older, the
21information or indictment shall be found within 10 years of the
22date the person was last treated by the counselor or therapist,
23or within 10 years of the date the person was enrolled in or
24attended the school.
25The amendment to Code section 802.2B provides that an
26information or indictment may be commenced at any time after
27the commission of any of the following offenses if the offense
28is committed on or with a person under the age of 18: sexual
29abuse in the first degree in violation of Code section 709.2;
30sexual abuse in the second degree in violation of Code section
31709.3; sexual abuse in the third degree in violation of Code
32section 709.4; lascivious acts with a child in violation of
33Code section 709.8; assault with intent to commit sexual abuse
34in violation of Code section 709.11; indecent contact with a
35child in violation of Code section 709.12; lascivious conduct
-4-1with a minor in violation of Code section 709.14; sexual
2exploitation by a counselor, therapist, or school employee in
3violation of Code section 709.15; sexual misconduct with a
4juvenile in violation of Code section 709.16, subsection 2;
5kidnapping in the first degree in violation of Code section
6710.2; kidnapping in the second degree in violation of Code
7section 710.3; kidnapping in the third degree in violation of
8Code section 710.4; human trafficking in violation of Code
9section 710A.2; incest in violation of Code section 726.2; and
10sexual exploitation of a minor in violation of Code section
11728.12. Under current law for the preceding offenses, an
12information or indictment committed on or with a person who
13is under 18 years of age shall be found within 10 years after
14the person upon whom the offense is committed attains 18 years
15of age, or if the person against whom the information or
16indictment is sought is identified through the use of a DNA
17profile, an information or indictment shall be found within
18three years from the date the person is identified by the
19person’s DNA profile, whichever is later.
20The amendment to Code section 802.2C provides that an
21information or indictment for kidnapping in the first, second,
22or third degree committed on or with a person who is under the
23age of 18 years may be found at any time after commission of
24the offense. Under current law for kidnapping offenses, the
25information or indictment for an offense committed on or with
26a person who is under the age of 18 years of age, shall be
27found within 10 years after the person upon whom the offense
28is committed attains 18 years of age, or if the person against
29whom the information or indictment is sought is identified
30through the use of a DNA profile, an information or indictment
31shall be found within three years from the date the person is
32identified by the person’s DNA profile, whichever is later.
33The amendment to Code section 802.2D provides that an
34information or indictment for human trafficking in violation of
35Code section 710A.2, committed on or with a person who is under
-5-1the age of 18 years may be found at any time after commission of
2the offense. Under current law for human trafficking offenses,
3the information or indictment for an offense committed on or
4with a person who is under the age of 18 years of age, shall be
5found within 10 years after the person upon whom the offense
6is committed attains 18 years of age, or if the person against
7whom the information or indictment is sought is identified
8through the use of a DNA profile, an information or indictment
9shall be found within three years from the date the person is
10identified by the person’s DNA profile, whichever is later.
11The amendment to Code section 802.10 makes conforming
12changes to comply with the changes in the bill.
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