Bill Text: IA HSB75 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(See HF 176.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-01 - Committee report approving bill, renumbered as HF 176. [HSB75 Detail]
Download: Iowa-2023-HSB75-Introduced.html
House
Study
Bill
75
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
continuous
sexual
abuse
of
a
child,
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1392YC
(1)
90
as/rh
H.F.
_____
Section
1.
Section
709.23,
subsections
1,
2,
3,
and
6,
Code
1
2023,
are
amended
to
read
as
follows:
2
1.
A
person
eighteen
years
of
age
or
older
commits
3
continuous
sexual
abuse
of
a
child
when
the
person
engages
4
in
any
combination
of
three
or
more
acts
of
sexual
abuse
in
5
violation
of
section
709.3
or
709.4
,
with
the
same
child,
and
6
at
least
thirty
days
have
elapsed
between
the
first
and
last
7
acts
of
sexual
abuse.
8
2.
A
person
who
commits
continuous
sexual
abuse
of
a
9
child
is,
upon
conviction,
guilty
of
a
class
“B”
felony.
10
Notwithstanding
section
902.9,
subsection
1
,
paragraph
“b”
,
a
11
person
convicted
of
a
violation
of
this
section
involving
any
12
combination
of
three
or
more
acts
of
sexual
abuse
that
includes
13
a
violation
of
section
709.3
or
709.4
shall
be
confined
for
no
14
more
than
fifty
years.
15
3.
If
a
jury
is
the
trier
of
fact,
members
of
the
jury
must
16
unanimously
agree
that
three
or
more
acts
of
sexual
abuse
in
17
violation
of
section
709.3
or
709.4
were
committed
with
the
18
same
child
and
at
least
thirty
days
have
elapsed
between
the
19
first
and
last
acts
of
sexual
abuse.
The
jury
does
not
need
20
to
unanimously
agree
which
specific
acts
were
committed
or
the
21
exact
date
when
those
acts
were
committed.
22
6.
Each
act
of
sexual
abuse
committed
under
section
709.3
23
or
709.4
shall
be
considered
a
lesser
included
offense
to
the
24
crime
of
continuous
sexual
abuse
of
a
child
under
this
section
.
25
Sec.
2.
Section
902.12,
subsection
1,
Code
2023,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
g.
Continuous
sexual
abuse
of
a
child
in
28
violation
of
section
709.23.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
continuous
sexual
abuse
of
a
child
and
33
makes
penalties
applicable.
34
Current
law
provides
that
a
person
18
years
of
age
or
older
35
-1-
LSB
1392YC
(1)
90
as/rh
1/
2
H.F.
_____
commits
continuous
sexual
abuse
of
a
child
when
the
person
1
engages
in
any
combination
of
three
or
more
acts
of
sexual
2
abuse
in
violation
of
section
709.3
(sexual
abuse
in
the
second
3
degree)
or
709.4
(sexual
abuse
in
the
third
degree),
with
the
4
same
child,
and
at
least
30
days
have
elapsed
between
the
first
5
and
last
acts
of
sexual
abuse.
The
bill
removes
specific
6
references
to
Code
sections
709.3
and
709.4
and
provides
that
a
7
person
18
years
of
age
or
older
commits
continuous
sexual
abuse
8
of
a
child
when
the
person
engages
in
any
combination
of
three
9
or
more
acts
of
sexual
abuse
with
the
same
child,
and
at
least
10
30
days
have
elapsed
between
the
first
and
last
acts
of
sexual
11
abuse.
12
A
person
who
commits
continuous
sexual
abuse
of
a
child
is
13
guilty
of
a
class
“B”
felony
and
shall
be
confined
for
not
more
14
than
50
years.
If
a
jury
is
the
trier
of
fact,
the
jury
must
15
unanimously
agree
that
three
or
more
acts
of
sexual
abuse
were
16
committed
with
the
same
child
and
that
at
least
30
days
have
17
elapsed
between
the
first
act
and
the
last
act,
but
the
jury
18
need
not
unanimously
agree
which
specific
acts
were
committed,
19
and
on
which
exact
dates
the
acts
occurred.
Each
act
of
sexual
20
abuse
is
a
lesser
included
offense
of
continuous
sexual
abuse
21
of
a
child.
“Sexual
abuse”
is
defined
in
Code
section
709.1
to
22
include
any
sex
act
between
persons
when
the
act
is
performed
23
with
a
child.
“Child”
is
defined
in
Code
section
702.5
as
any
24
person
under
the
age
of
14.
25
The
bill
provides
that
a
person
serving
a
sentence
for
a
26
conviction
of
continuous
sexual
abuse
of
a
child
shall
be
27
denied
parole
or
work
release
unless
the
person
has
served
28
at
least
seven-tenths
of
the
maximum
term
of
the
person’s
29
sentence.
30
-2-
LSB
1392YC
(1)
90
as/rh
2/
2
