House
File
176
-
Enrolled
House
File
176
AN
ACT
RELATING
TO
CONTINUOUS
SEXUAL
ABUSE
OF
A
CHILD,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
709.23,
subsections
1,
2,
3,
and
6,
Code
2023,
are
amended
to
read
as
follows:
1.
A
person
eighteen
years
of
age
or
older
commits
continuous
sexual
abuse
of
a
child
when
the
person
engages
in
any
combination
of
three
or
more
acts
of
sexual
abuse
in
violation
of
section
709.3
or
709.4
,
with
the
same
child,
and
at
least
thirty
days
have
elapsed
between
the
first
and
last
acts
of
sexual
abuse.
2.
A
person
who
commits
continuous
sexual
abuse
of
a
child
is,
upon
conviction,
guilty
of
a
class
“B”
felony.
Notwithstanding
section
902.9,
subsection
1
,
paragraph
“b”
,
a
person
convicted
of
a
violation
of
this
section
involving
any
combination
of
three
or
more
acts
of
sexual
abuse
that
includes
a
violation
of
section
709.3
or
709.4
shall
be
confined
for
no
more
than
fifty
years.
3.
If
a
jury
is
the
trier
of
fact,
members
of
the
jury
must
unanimously
agree
that
three
or
more
acts
of
sexual
abuse
in
violation
of
section
709.3
or
709.4
were
committed
with
the
same
child
and
at
least
thirty
days
have
elapsed
between
the
first
and
last
acts
of
sexual
abuse.
The
jury
does
not
need
to
unanimously
agree
which
specific
acts
were
committed
or
the
exact
date
when
those
acts
were
committed.
House
File
176,
p.
2
6.
Each
act
of
sexual
abuse
committed
under
section
709.3
or
709.4
shall
be
considered
a
lesser
included
offense
to
the
crime
of
continuous
sexual
abuse
of
a
child
under
this
section
.
Sec.
2.
Section
902.12,
subsection
1,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
g.
Continuous
sexual
abuse
of
a
child
in
violation
of
section
709.23.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
176,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor