Bill Summary – FastDemocracy

House File 742 - Introduced
                                  HOUSE FILE 742
                                  BY ABDUL-SAMAD
                            A BILL FOR
An Act relating to sexual abuse in the third degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 692A.101, subsection 2, paragraph a,
 subparagraph (3), Code 2021, is amended to read as follows:
    (3) Sexual abuse in the third degree in violation of section
 709.4, except for a violation of section 709.4, subsection 1,
 paragraph “b”, subparagraph (3) (2), subparagraph division (d).
    Sec. 2. Section 692A.102, subsection 1, paragraph a,
 subparagraphs (3) and (4), Code 2021, are amended to read as
 follows:
    (3) Sexual abuse in the third degree in violation of section
 709.4, subsection 1, paragraph “b”, subparagraph (1) or (2), if
 committed by a person under the age of fourteen.
    (4) Sexual abuse in the third degree in violation of section
 709.4, subsection 1, paragraph “b”, subparagraph (3) (2).
    Sec. 3. Section 692A.102, subsection 1, paragraph c,
 subparagraph (11), Code 2021, is amended to read as follows:
    (11) Sexual abuse in the third degree in violation of
 section 709.4, subsection 1, paragraph “b”, subparagraph (1) or
 (2), if committed by a person fourteen years of age or older.
    Sec. 4. Section 692A.121, subsection 2, paragraph b,
 subparagraph (2), subparagraph division (a), Code 2021, is
 amended to read as follows:
    (a) The relevant information about a sex offender who was
 under twenty years of age at the time the offender committed
 a violation of section 709.4, subsection 1, paragraph “b”,
 subparagraph (3) (2), subparagraph division (d).
    Sec. 5. Section 702.11, subsection 2, paragraph c, Code
 2021, is amended to read as follows:
    c. Sexual abuse in violation of section 709.4, subsection 1,
 paragraph “b”, subparagraph (3) (2), subparagraph division (d).
    Sec. 6. Section 709.4, subsection 1, paragraphs a and b,
 Code 2021, are amended to read as follows:
    a. The act is done by force, violence, duress, fear of
 bodily injury, or against the will of the other person, whether
 or not the other person is the person’s spouse or is cohabiting
 with the person. As used in this paragraph, “duress” means a
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 direct or implied threat of force, violence, or retribution
 sufficient to coerce a reasonable person to perform or
 acquiesce to the act.
    b. The act is between persons who are not at the time
 cohabiting as husband and wife and if any of the following are
 true:
    (1) The other person is suffering from a mental defect or
 incapacity which precludes giving consent.
    (2) (1) The other person is twelve or thirteen years of
 age.
    (3) (2) The other person is fourteen or fifteen years of
 age and any of the following are true:
    (a) The person is a member of the same household as the
 other person.
    (b) The person is related to the other person by blood or
 affinity to the fourth degree.
    (c) The person is in a position of authority over the other
 person and uses that authority to coerce the other person to
 submit.
    (d) The person is four or more years older than the other
 person.
    Sec. 7. Section 709.4, subsection 1, paragraph d, Code 2021,
 is amended to read as follows:
    d. The act is performed while the other person is precluded
 from giving consent due to being mentally incapacitated, or is
 physically incapacitated, or physically helpless.
    Sec. 8. Section 709.4, subsection 1, Code 2021, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. e. The act is between persons who are
 spouses or in an intimate relationship as defined in section
 263.2 and if any of the following are true:
    (1) The act is performed while the other person is
 unconscious of the nature of the act and this is known by the
 person. As used in this paragraph, “unconscious of the nature
 of the act” means incapable of resisting because the person is
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  unconscious or asleep.
     (2) The act is performed against the other person’s will by
  threat of future retaliation against the other person or any
  other person and it is reasonable to believe that the person
  will act upon the threat.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill relates to sexual abuse in the third degree.
    Current law provides that a person commits sexual abuse
 in the third degree when the person performs a sex act and
 the act is between persons who are not at the time cohabiting
 as husband and wife and the other person is suffering from a
 mental defect or incapacity which precludes giving consent.
    The bill provides that a person commits sexual abuse in the
 third degree when the act is done by force, violence, duress,
 fear of bodily injury, or against the will of the other person,
 whether or not the other person is the person’s spouse or is
 cohabiting with the person. “Duress” is defined as a direct or
 implied threat of force, violence, or retribution sufficient to
 coerce a reasonable person to perform or acquiesce to the act.
    The bill provides that a person commits sexual abuse in the
 third degree when the person performs a sex act and the act
 is performed while the other person is precluded from giving
 consent due to being mentally incapacitated or is physically
 incapacitated or physically helpless. The bill provides that a
 person commits sexual abuse in the third degree when the act is
 between persons who are spouses or in an intimate relationship
 and if any of the following are true: the act is performed
 while the other person is unconscious of the nature of the act
 and this is known by the person or the act is performed against
 the other person’s will by threat of future retaliation against
 the other person or any other person and it is reasonable to
 believe that the person will act upon the threat. “Unconscious
 of the nature of the act” is defined as incapable of resisting
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 because the person is unconscious or asleep. Sexual abuse
 in the third degree is a class “C” felony punishable by
 confinement for no more than 10 years and a fine of at least
 $1,037 but no more than $13,660.
    The bill makes conforming Code changes to Code sections
 692A.101 (definition of aggravated offense against a minor),
 692A.102 (sex offense classifications), 692A.121 (access to sex
 offender information), and 702.11 (forcible felony) to apply
 the numbering changes the bill makes to Code section 709.4.
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Statutes affected: 
Introduced: 692A.101, 709.4