Bill Text: IA HF2554 | 2019-2020 | 88th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the offense of continuous sexual abuse of a child and providing penalties. (Formerly HSB 595.) Effective date: 07/01/2020.

Spectrum: Committee Bill

Status: (Passed) 2020-06-29 - Signed by Governor. H.J. 791. [HF2554 Detail]

Download: Iowa-2019-HF2554-Amended.html
House File 2554 - Reprinted HOUSE FILE 2554 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 595) (As Amended and Passed by the House March 11, 2020 ) A BILL FOR An Act relating to the offense of continuous sexual abuse of a 1 child and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2554 (4) 88 hf/rh/md
H.F. 2554 Section 1. Section 692A.101, subsection 1, paragraph a, 1 Code 2020, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (9) Continuous sexual abuse of a child 3 in violation of section 709.23. 4 Sec. 2. Section 692A.101, subsection 2, paragraph a, Code 5 2020, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (4) Continuous sexual abuse of a child 7 in violation of section 709.23. 8 Sec. 3. Section 692A.102, subsection 1, paragraph c, Code 9 2020, is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (013) Continuous sexual abuse of a child 11 in violation of section 709.23. 12 Sec. 4. NEW SECTION . 709.23 Continuous sexual abuse of a 13 child. 14 1. A person eighteen years of age or older commits 15 continuous sexual abuse of a child when the person engages 16 in any combination of three or more acts of sexual abuse in 17 violation of section 709.3 or 709.4, with the same child, and 18 at least thirty days have elapsed between the first and last 19 acts of sexual abuse. 20 2. A person who commits continuous sexual abuse of a 21 child is, upon conviction, guilty of a class “B” felony. 22 Notwithstanding section 902.9, subsection 1, paragraph “b” , a 23 person convicted of a violation of this subsection involving 24 any combination of three or more acts of sexual abuse that 25 includes a violation of section 709.3 or 709.4 shall be 26 confined for no more than fifty years. 27 3. If a jury is the trier of fact, members of the jury must 28 unanimously agree that three or more acts of sexual abuse in 29 violation of section 709.3 or 709.4 were committed with the 30 same child and at least thirty days have elapsed between the 31 first and last acts of sexual abuse. The jury does not need 32 to unanimously agree which specific acts were committed or the 33 exact date when those acts were committed. 34 4. Any other sexual abuse offense involving the same child 35 -1- HF 2554 (4) 88 hf/rh/md 1/ 2
H.F. 2554 shall not be charged in the same proceeding as a charge under 1 this section unless the other sexual abuse offense occurred 2 outside of the time period charged under this section or the 3 other sexual abuse offense is charged in the alternative. 4 5. A person shall be charged with only one count under this 5 section unless more than one child is involved in the offense. 6 If more than one child is involved, a separate count may be 7 charged for each child. 8 6. Each act of sexual abuse committed under section 709.3 9 or 709.4 shall be considered a lesser included offense to the 10 crime of continuous sexual abuse of a child under this section. 11 Sec. 5. Section 902.14, subsection 1, Code 2020, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . d. Continuous sexual abuse of a child in 14 violation of section 709.23. 15 Sec. 6. Section 903B.10, subsection 3, Code 2020, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . j. Continuous sexual abuse of a child in 18 violation of section 709.23. 19 -2- HF 2554 (4) 88 hf/rh/md 2/ 2
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