Bill Text: IA SF372 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to sexual exploitation by an adult providing training or instruction, and providing penalties.(See SF 562.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-04 - Committee report approving bill, renumbered as SF 562. S.J. 526. [SF372 Detail]
Download: Iowa-2021-SF372-Introduced.html
Senate
File
372
-
Introduced
SENATE
FILE
372
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
sexual
exploitation
by
an
adult
providing
1
training
or
instruction,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
614.1,
subsection
12,
Code
2021,
is
1
amended
to
read
as
follows:
2
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
3
therapist,
or
school
employee
,
or
adult
providing
training
or
4
instruction
.
An
action
for
damages
for
injury
suffered
as
5
a
result
of
sexual
abuse,
as
defined
in
section
709.1
,
by
a
6
counselor,
therapist,
or
school
employee
,
or
adult
providing
7
training
or
instruction
,
as
defined
in
section
709.15
,
or
as
8
a
result
of
sexual
exploitation
by
a
counselor,
therapist,
or
9
school
employee
,
or
adult
providing
training
or
instruction
10
shall
be
brought
within
five
years
of
the
date
the
victim
was
11
last
treated
by
the
counselor
or
therapist,
or
within
five
12
years
of
the
date
the
victim
was
last
enrolled
in
or
attended
13
the
school.
14
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
b,
15
subparagraph
(11),
Code
2021,
is
amended
to
read
as
follows:
16
(11)
Sexual
exploitation
by
a
counselor,
therapist,
or
17
school
employee
,
or
adult
providing
training
or
instruction
in
18
violation
of
section
709.15
,
if
the
victim
is
thirteen
years
of
19
age
or
older.
20
Sec.
3.
Section
692A.102,
subsection
1,
paragraph
c,
21
subparagraph
(28),
Code
2021,
is
amended
to
read
as
follows:
22
(28)
Sexual
exploitation
by
a
counselor,
therapist,
or
23
school
employee
,
or
adult
providing
training
or
instruction
in
24
violation
of
section
709.15
,
if
the
child
is
under
thirteen
25
years
of
age.
26
Sec.
4.
Section
702.11,
subsection
2,
paragraph
d,
Code
27
2021,
is
amended
to
read
as
follows:
28
d.
Sexual
exploitation
by
a
counselor,
therapist,
or
29
school
employee
,
or
adult
providing
training
or
instruction
in
30
violation
of
section
709.15
.
31
Sec.
5.
Section
709.15,
subsection
1,
Code
2021,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
0a.
“Adult
providing
training
or
instruction”
34
means
a
person
age
eighteen
or
older,
whether
paid
or
unpaid,
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who
is
not
a
school
employee,
who
provides
training
or
1
instruction
to
a
minor
outside
of
a
school
setting.
“Adult
2
providing
training
or
instruction”
includes
but
is
not
limited
3
to
a
person
age
eighteen
or
older
providing
training
or
4
instruction
related
to
the
use
of
firearms,
athletics
outside
5
of
a
school
setting,
or
any
other
activities
which
result
in
a
6
minor
receiving
a
certificate
or
license.
7
Sec.
6.
Section
709.15,
Code
2021,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
3A.
a.
Sexual
exploitation
by
an
adult
10
providing
training
or
instruction
occurs
when
any
of
the
11
following
are
found:
12
(1)
A
pattern
or
practice
or
scheme
of
conduct
to
engage
in
13
any
of
the
conduct
described
in
subparagraph
(2).
14
(2)
Any
sexual
conduct
with
a
minor
for
the
purpose
15
of
arousing
or
satisfying
the
sexual
desires
of
the
adult
16
providing
training
or
instruction
or
the
minor.
Sexual
conduct
17
includes
but
is
not
limited
to
the
following:
18
(a)
Kissing.
19
(b)
Touching
of
the
clothed
or
unclothed
inner
thigh,
20
breast,
groin,
buttock,
anus,
pubes,
or
genitals.
21
(c)
A
sex
act
as
defined
in
section
702.17.
22
b.
Sexual
exploitation
by
an
adult
providing
training
or
23
instruction
does
not
include
touching
that
is
necessary
in
the
24
performance
of
the
adult’s
duties
while
providing
training
or
25
instruction.
26
Sec.
7.
Section
709.15,
Code
2021,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
6.
a.
An
adult
providing
training
or
29
instruction
who
commits
sexual
exploitation
in
violation
of
30
subsection
3A,
paragraph
“a”
,
subparagraph
(1),
commits
a
class
31
“D”
felony.
32
b.
An
adult
providing
training
or
instruction
who
commits
33
sexual
exploitation
in
violation
of
subsection
3A,
paragraph
34
“a”
,
subparagraph
(2),
commits
an
aggravated
misdemeanor.
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Sec.
8.
Section
802.2A,
subsection
2,
Code
2021,
is
amended
1
to
read
as
follows:
2
2.
An
indictment
or
information
for
sexual
exploitation
by
a
3
counselor,
therapist,
or
school
employee
,
or
an
adult
providing
4
training
or
instruction
under
section
709.15
committed
on
or
5
with
a
person
who
is
under
the
age
of
eighteen
shall
be
found
6
within
fifteen
years
after
the
person
upon
whom
the
offense
is
7
committed
attains
eighteen
years
of
age.
An
information
or
8
indictment
for
any
other
sexual
exploitation
shall
be
found
9
within
ten
years
of
the
date
the
victim
was
last
treated
by
the
10
counselor
or
therapist,
or
within
ten
years
of
the
date
the
11
victim
was
enrolled
in
or
attended
the
school.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
sexual
exploitation
by
an
adult
16
providing
training
or
instruction
and
provides
penalties.
17
The
bill
amends
Code
section
709.15
(sexual
exploitation
by
18
a
counselor,
therapist,
or
school
employee)
to
include
an
adult
19
providing
training
or
instruction.
The
bill
defines
“adult
20
providing
training
or
instruction”
as
a
person
age
18
or
older,
21
whether
paid
or
unpaid,
who
is
not
a
school
employee,
who
22
provides
training
or
instruction
to
a
minor
outside
of
a
school
23
setting.
“Adult
providing
training
or
instruction”
includes
24
but
is
not
limited
to
a
person
18
or
older
providing
training
25
or
instruction
related
to
the
use
of
firearms,
athletics
26
outside
of
a
school
setting,
or
activities
which
result
in
a
27
minor
receiving
a
certificate
or
license.
28
The
bill
provides
that
there
are
two
alternative
means
29
of
committing
the
offense
of
sexual
exploitation
by
an
adult
30
providing
training
or
instruction.
Sexual
exploitation
by
31
an
adult
providing
training
or
instruction
occurs
when
the
32
person
engages
in
a
pattern
or
practice
or
scheme
of
conduct
33
to
engage
in
any
sexual
conduct
with
a
minor
for
the
purpose
34
of
arousing
or
satisfying
the
sexual
desires
of
the
adult
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providing
training
or
instruction
or
the
minor,
or
engages
in
1
any
sexual
conduct
with
a
minor
for
the
purpose
of
arousing
or
2
satisfying
the
sexual
desires
of
the
adult
providing
training
3
or
instruction
or
the
minor.
“Sexual
conduct”
is
defined
4
to
include
but
is
not
limited
to
kissing;
touching
of
the
5
clothed
or
unclothed
inner
thigh,
breast,
groin,
buttock,
anus,
6
pubes,
or
genitals;
or
a
sex
act
as
defined
in
Code
section
7
702.17.
The
bill
provides
that
sexual
exploitation
by
an
adult
8
providing
training
or
instruction
does
not
include
touching
9
that
is
necessary
in
the
performance
of
the
adult’s
duties
10
while
providing
training
or
instruction.
11
The
bill
provides
that
an
adult
providing
training
or
12
instruction
who
engages
in
a
pattern
or
practice
or
scheme
of
13
conduct
to
engage
in
such
sexual
conduct
with
a
minor
commits
a
14
class
“D”
felony.
An
adult
providing
training
or
instruction
15
commits
an
aggravated
misdemeanor
if
the
adult
providing
16
training
or
instruction
engages
in
such
sexual
conduct
with
a
17
minor.
A
class
“D”
felony
is
punishable
by
confinement
for
18
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
not
19
more
than
$10,245.
An
aggravated
misdemeanor
is
punishable
by
20
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
21
$855
but
not
more
than
$8,540.
22
A
person
who
violates
the
bill
is
also
subject
to
a
special
23
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
24
punishment
in
addition
to
the
punishment
for
the
underlying
25
criminal
offense
committing
the
person
into
the
custody
of
the
26
director
of
the
Iowa
department
of
corrections
for
a
period
27
of
10
years.
A
person
serving
a
special
sentence
begins
the
28
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
29
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
30
first
revocation
and
five
years
for
any
second
or
subsequent
31
revocation.
32
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
33
offender
under
Code
section
692A.102(1)(b)(11)
if
the
child
is
34
13
years
of
age
or
older,
or
a
tier
III
sex
offender
under
Code
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section
692A.102(1)(c)(28)
if
the
child
is
under
13
years
of
1
age,
and
is
required
to
register
as
a
sex
offender
under
Code
2
section
692A.103.
3
A
person
who
violates
the
bill
is
also
subject
to
a
4
no-contact
order
upon
release
from
jail
or
prison
under
Code
5
section
709.19
and
hormonal
intervention
therapy
under
Code
6
section
903B.10(3)(h).
7
The
bill
makes
conforming
Code
changes
to
Code
sections
8
614.1
and
802.2A
(statute
of
limitations
periods)
and
702.11
9
(definition
of
forcible
felony).
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