Bill Text: IA SF584 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act establishing the offense of sexual activity with an individual sixteen or seventeen years of age, and providing penalties. (Formerly SF 179.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-16 - Subcommittee: Sweeney, Bisignano, and Shipley. S.J. 109. [SF584 Detail]

Download: Iowa-2019-SF584-Introduced.html
Senate File 584 - Introduced SENATE FILE 584 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 179) A BILL FOR An Act establishing the offense of sexual activity with an 1 individual sixteen or seventeen years of age, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1309SV (1) 88 as/rh
S.F. 584 Section 1. NEW SECTION . 709.4A Sexual activity with a 1 person sixteen or seventeen years of age. 2 A person who engages in sexual activity with another person 3 who is sixteen or seventeen years of age is guilty of a class 4 “D” felony if the other person is not at the time cohabiting 5 with the person as the person’s spouse and the person is ten or 6 more years older than the other person. 7 Sec. 2. Section 903B.2, Code 2019, is amended to read as 8 follows: 9 903B.2 Special sentence —— class “D” felonies or 10 misdemeanors. 11 A person convicted of a misdemeanor or a class “D” felony 12 offense under chapter 709 , except for a conviction under 13 section 709.4A, section 726.2 , or section 728.12 shall also be 14 sentenced, in addition to any other punishment provided by law, 15 to a special sentence committing the person into the custody 16 of the director of the Iowa department of corrections for a 17 period of ten years, with eligibility for parole as provided in 18 chapter 906 . The board of parole shall determine whether the 19 person should be released on parole or placed in a work release 20 program. The special sentence imposed under this section shall 21 commence upon completion of the sentence imposed under any 22 applicable criminal sentencing provisions for the underlying 23 criminal offense and the person shall begin the sentence under 24 supervision as if on parole or work release. The person shall 25 be placed on the corrections continuum in chapter 901B , and 26 the terms and conditions of the special sentence, including 27 violations, shall be subject to the same set of procedures set 28 out in chapters 901B , 905 , 906 , and 908 , and rules adopted 29 under those chapters for persons on parole or work release. 30 The revocation of release shall not be for a period greater 31 than two years upon any first revocation, and five years upon 32 any second or subsequent revocation. A special sentence 33 shall be considered a category “A” sentence for purposes of 34 calculating earned time under section 903A.2 . 35 -1- LSB 1309SV (1) 88 as/rh 1/ 2
S.F. 584 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill establishes the offense of sexual activity with an 4 individual 16 or 17 years of age, and provides penalties. 5 The bill provides that a person who engages in sexual 6 activity with another person who is 16 or 17 years of age is 7 guilty of a class “D” felony if the other person is not at the 8 time cohabiting with the person as the person’s spouse and 9 the person is 10 or more years older than the other person. 10 Sexual activity is defined in Code section 702.17 as any sexual 11 contact between two or more persons by any of the following: 12 penetration of the penis into the vagina or anus; contact 13 between the mouth and genitalia or by contact between the 14 genitalia of one person and the genitalia or anus of another 15 person; contact between the finger or hand of one person and 16 the genitalia or anus of another person, except in the course 17 of examination or treatment by a licensed person; ejaculation 18 onto the person of another; or by use of artificial sexual 19 organs or substitutes therefor in contact with the genitalia 20 or anus. 21 A class “D” felony is punishable by confinement for no more 22 than five years and a fine of at least $750 but not more than 23 $7,500. 24 The bill provides that a person convicted of sexual activity 25 with an individual 16 or 17 years of age is not subject to a 26 special sentence committing the person into the custody of the 27 director of the Iowa department of corrections for a period of 28 10 years. 29 -2- LSB 1309SV (1) 88 as/rh 2/ 2
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