Bill Text: IA SF377 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the commission of a crime with sexual intent, and providing penalties. (Formerly SSB 1161.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-03-25 - Subcommittee, Rizer, Dawson, and Heartsill. H.J. 706. [SF377 Detail]

Download: Iowa-2015-SF377-Introduced.html

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Senate File 377 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1161)

                                      A BILL FOR

  1 An Act relating to the commission of a crime with sexual
  2    intent, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 692A.101, subsection 1, paragraph a,
  1  2 subparagraph (5), Code 2015, is amended to read as follows:
  1  3    (5)  Assault with sexual intent to commit sexual abuse in
  1  4 violation of section 709.11.
  1  5    Sec. 2.  Section 692A.101, subsection 30, paragraph b, Code
  1  6 2015, is amended to read as follows:
  1  7    b.  Assault with sexual intent to commit sexual abuse in
  1  8 violation of section 709.11.
  1  9    Sec. 3.  Section 692A.102, subsection 1, paragraph b,
  1 10 subparagraph (6), Code 2015, is amended to read as follows:
  1 11    (6)  Assault with sexual intent to commit sexual abuse if no
  1 12 injury results in violation of section 709.11.
  1 13    Sec. 4.  Section 692A.102, subsection 1, paragraph c,
  1 14 subparagraph (15), Code 2015, is amended to read as follows:
  1 15    (15)  Assault with sexual intent to commit sexual abuse
  1 16  resulting in serious or bodily injury in violation of section
  1 17 709.11.
  1 18    Sec. 5.  Section 708.2, Code 2015, is amended by adding the
  1 19 following new subsection:
  1 20    NEW SUBSECTION.  7.  A person who commits an assault, as
  1 21 defined in section 708.1, by touching the breast of another,
  1 22 whether or not the touching was through the clothing or other
  1 23 covering, is guilty of a serious misdemeanor.
  1 24    Sec. 6.  Section 709.11, Code 2015, is amended to read as
  1 25 follows:
  1 26    709.11  Assault with sexual intent to commit sexual abuse.
  1 27    1.  Any person who commits an assault, as defined in section
  1 28 708.1, with the intent to commit sexual abuse:
  1 29    1.  a.  Is guilty of a class "C" felony if the person thereby
  1 30 causes serious injury to any person.
  1 31    2.  b.  Is guilty of a class "D" felony if the person thereby
  1 32 causes any person a bodily injury other than a serious injury.
  1 33    3.  c.  Is guilty of an aggravated misdemeanor if no injury
  1 34 results.
  1 35    2.  Any person who commits an assault, as defined in section
  2  1 708.1, by touching the breast of another, whether or not the
  2  2 touching was through the clothing or other covering, with the
  2  3 intent to arouse or gratify the sexual desire of either party,
  2  4 or for the purpose of sexually degrading or humiliating the
  2  5 other person: 
  2  6    a.  Is guilty of a class "C" felony if the person thereby
  2  7 causes serious injury to any person.
  2  8    b.  Is guilty of a class "D" felony if the person thereby
  2  9 causes any person a bodily injury other than a serious injury. 
  2 10    c.  Is guilty of an aggravated misdemeanor if no injury
  2 11 results. 
  2 12    Sec. 7.  Section 802.2B, subsection 2, Code 2015, is amended
  2 13 to read as follows:
  2 14    2.  Assault with sexual intent to commit sexual abuse in
  2 15 violation of section 709.11.
  2 16    Sec. 8.  Section 903B.10, subsection 3, paragraph e, Code
  2 17 2015, is amended to read as follows:
  2 18    e.  Assault with sexual intent, in violation of section
  2 19 709.11.
  2 20                           EXPLANATION
  2 21 The inclusion of this explanation does not constitute agreement with
  2 22 the explanation's substance by the members of the general assembly.
  2 23    This bill relates to the commission of an assault with sexual
  2 24 intent.
  2 25    The bill provides that a person who commits an assault
  2 26 as defined in Code section 708.1, by touching the breast of
  2 27 another, whether or not the touching was through the clothing
  2 28 or other covering, with the intent to arouse or gratify the
  2 29 sexual desires of either party, or for purposes of sexually
  2 30 degrading or humiliating the other person, commits assault with
  2 31 sexual intent.
  2 32    Under the bill, a person who commits assault with sexual
  2 33 intent commits a class "C" felony if the person causes serious
  2 34 injury to any person, a class "D" felony if the person causes
  2 35 bodily injury, and an aggravated misdemeanor if no injury
  3  1 results. A person who commits an assault with sexual intent
  3  2 under the bill must register as a sex offender and is subject
  3  3 to a special sentence under Code section 903B.1 or 903B.2
  3  4 depending on the severity of the offense.
  3  5    If a person touches the breast of another and commits an
  3  6 assault as defined in Code section 708.1, whether or not the
  3  7 touching was through the clothing or other covering, and the
  3  8 touching is without the intent to arouse or gratify the sexual
  3  9 desires of either party and not for the purpose of sexually
  3 10 degrading or humiliating the other person, the person commits
  3 11 a serious misdemeanor.
  3 12    The bill also makes numerous conforming changes in Code
  3 13 chapter 692A.
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