709.1 SEXUAL ABUSE DEFINED.
Any sex act between persons is sexual abuse by either of the
persons when the act is performed with the other person in any of the
following circumstances:
1. The act is done by force or against the will of the other. If
the consent or acquiescence of the other is procured by threats of
violence toward any person or if the act is done while the other is
under the influence of a drug inducing sleep or is otherwise in a
state of unconsciousness, the act is done against the will of the
other.
2. Such other person is suffering from a mental defect or
incapacity which precludes giving consent, or lacks the mental
capacity to know the right and wrong of conduct in sexual matters.
3. Such other person is a child. Section History: Early Form
[C51, § 2581, 2583; R60, § 4204, 4206; C73, § 3861, 3863; C97, §
4756, 4758; C24, 27, 31, 35, 39, § 12966, 12967; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, § 698.1, 698.3; C79, 81, § 709.1] Section History: Recent Form
84 Acts, ch 1188, § 1; 99 Acts, ch 159, §1
Referred to in § 611.23, 614.1, 668.15, 692A.101, 692A.102, 713.3,
915.40
Definition of sex act, § 702.17
709.1A INCAPACITATION.
As used in this chapter, "incapacitated" means a person is
disabled or deprived of ability, as follows:
1. "Mentally incapacitated" means that a person is
temporarily incapable of apprising or controlling the person's own
conduct due to the influence of a narcotic, anesthetic, or
intoxicating substance.
2. "Physically helpless" means that a person is unable to
communicate an unwillingness to act because the person is
unconscious, asleep, or is otherwise physically limited.
3. "Physically incapacitated" means that a person has a
bodily impairment or handicap that substantially limits the person's
ability to resist or flee. Section History: Recent Form
99 Acts, ch 159, §2
709.2 SEXUAL ABUSE IN THE FIRST DEGREE.
A person commits sexual abuse in the first degree when in the
course of committing sexual abuse the person causes another serious
injury.
Sexual abuse in the first degree is a class "A" felony. Section History: Early Form
[C51, § 2581; R60, § 4204; C73, § 3861; C97, § 4756; C24, 27, 31,
35, 39, § 12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
698.1; C79, 81, § 709.2]
Referred to in § 321.375, 664A.2, 692A.101, 692A.102, 709.19,
903B.10
Definition of forcible felony, § 702.11
709.3 SEXUAL ABUSE IN THE SECOND DEGREE.
A person commits sexual abuse in the second degree when the person
commits sexual abuse under any of the following circumstances:
1. During the commission of sexual abuse the person displays in a
threatening manner a dangerous weapon, or uses or threatens to use
force creating a substantial risk of death or serious injury to any
person.
2. The other person is under the age of twelve.
3. The person is aided or abetted by one or more persons and the
sex act is committed by force or against the will of the other person
against whom the sex act is committed.
Sexual abuse in the second degree is a class "B" felony. Section History: Early Form
[C51, § 2581; R60, § 4204; C73, § 3861; C97, § 4756; C24, 27, 31,
35, 39, § 12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
698.1; C79, 81, § 709.3] Section History: Recent Form
84 Acts, ch 1188, § 2; 99 Acts, ch 159, §3
Referred to in § 321.375, 664A.2, 692A.101, 692A.102, 709.19,
901A.2, 902.12, 902.14, 903B.10, 906.15
Definition of forcible felony, § 702.11
Definition of sex act, §702.17
709.4 SEXUAL ABUSE IN THE THIRD DEGREE.
A person commits sexual abuse in the third degree when the person
performs a sex act under any of the following circumstances:
1. The act is done by force 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.
2. The act is between persons who are not at the time cohabiting
as husband and wife and if any of the following are true:
a. The other person is suffering from a mental defect or
incapacity which precludes giving consent.
b. The other person is twelve or thirteen years of age.
c. The other person is fourteen or fifteen years of age and
any of the following are true:
(1) The person is a member of the same household as the other
person.
(2) The person is related to the other person by blood or
affinity to the fourth degree.
(3) The person is in a position of authority over the other
person and uses that authority to coerce the other person to submit.
(4) The person is four or more years older than the other person.
3. The act is performed while the other person is under the
influence of a controlled substance, which may include but is not
limited to flunitrazepam, and all of the following are true:
a. The controlled substance, which may include but is not
limited to flunitrazepam, prevents the other person from consenting
to the act.
b. The person performing the act knows or reasonably should
have known that the other person was under the influence of the
controlled substance, which may include but is not limited to
flunitrazepam.
4. The act is performed while the other person is mentally
incapacitated, physically incapacitated, or physically helpless.
Sexual abuse in the third degree is a class "C" felony. Section History: Early Form
[C51, § 2581, 2583; R60, § 4204, 4206; C73, § 3861, 3863; C97, §
4756, 4758; C24, 27, 31, 35, 39, § 12966, 12967; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, § 698.1, 698.3; C79, 81, § 709.4] Section History: Recent Form
89 Acts, ch 138, § 3; 94 Acts, ch 1128, §1; 97 Acts, ch 78, §1; 99
Acts, ch 159, §4
Referred to in § 321.375, 664A.2, 692A.101, 692A.102, 692A.121,
702.11, 709.19, 902.14, 903B.10, 906.15
Definition of forcible felony, see § 702.11
Definition of sex act, see § 702.17
709.5 RESISTANCE TO SEXUAL ABUSE.
Under the provisions of this chapter it shall not be necessary to
establish physical resistance by a person in order to establish that
an act of sexual abuse was committed by force or against the will of
the person. However, the circumstances surrounding the commission of
the act may be considered in determining whether or not the act was
done by force or against the will of the other. Section History: Early Form
[C79, 81, § 709.5] Section History: Recent Form
99 Acts, ch 159, §5
709.6 JURY INSTRUCTIONS FOR OFFENSES OF SEXUAL
ABUSE.
No instruction shall be given in a trial for sexual abuse
cautioning the jury to use a different standard relating to a
victim's testimony than that of any other witness to that offense or
any other offense. Section History: Early Form
[C79, 81, § 709.6]
709.7 DETENTION IN BROTHEL.
Any person who, by force, intimidation, or false pretense entices
another who is not a prostitute to enter a brothel with the intent to
cause such other to become an inmate thereof, or who detains another,
whether a prostitute or not, in any brothel, against the will of such
other, with the intent that such other engage in prostitution
therein, commits a class "C" felony. Section History: Early Form
[C51, § 2713; R60, § 4355; C73, § 4016; C97, § 4942; S13, §
4944-j; C24, 27, 31, 35, 39, § 13180, 13181; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, § 724.8, 724.9; C79, 81, § 709.7]
Referred to in § 692A.102
709.8 LASCIVIOUS ACTS WITH A CHILD.
It is unlawful for any person sixteen years of age or older to
perform any of the following acts with a child with or without the
child's consent unless married to each other, for the purpose of
arousing or satisfying the sexual desires of either of them:
1. Fondle or touch the pubes or genitals of a child.
2. Permit or cause a child to fondle or touch the person's
genitals or pubes.
3. Solicit a child to engage in a sex act or solicit a person to
arrange a sex act with a child.
4. Inflict pain or discomfort upon a child or permit a child to
inflict pain or discomfort on the person.
Any person who violates a provision of this section involving an
act included in subsection 1 or 2 shall, upon conviction, be guilty
of a class "C" felony. Any person who violates a provision of this
section involving an act included in subsection 3 or 4 shall, upon
conviction, be guilty of a class "D" felony. Section History: Early Form
[S13, § 4938-a; C24, 27, 31, 35, 39, § 13184; C46, 50, 54, 58,
62, 66, 71, 73, § 725.2; C75, 77, § 725.10; C79, 81, § 709.8] Section History: Recent Form
85 Acts, ch 181, §1; 96 Acts, ch 1062, § 1; 2000 Acts, ch 1165,
§1; 2005 Acts, ch 158, §35
Referred to in § 321.375, 692A.101, 692A.102, 692A.121, 709.12,
709.19, 902.14, 903B.10, 906.15, 907.3
Definition of sex act, § 702.17
709.9 INDECENT EXPOSURE.
A person who exposes the person's genitals or pubes to another not
the person's spouse, or who commits a sex act in the presence of or
view of a third person, commits a serious misdemeanor, if:
1. The person does so to arouse or satisfy the sexual desires of
either party; and
2. The person knows or reasonably should know that the act is
offensive to the viewer. Section History: Early Form
[C79, 81, § 709.9]
Referred to in § 692A.102, 709.19
Definition of sex act, § 702.17
709.10 SEXUAL ABUSE -- EVIDENCE.
1. When an alleged victim of sexual abuse consents to undergo a
sexual abuse examination and to having the evidence preserved, a
sexual abuse evidence collection kit must be collected and properly
stored with the law enforcement agency under whose jurisdiction the
offense occurred or with the agency collecting the evidence to ensure
that the chain of custody is complete and sufficient.
2. If an alleged victim of sexual abuse has not filed a complaint
and a sexual abuse evidence collection kit has been completed, the
kit must be stored by the law enforcement agency for a minimum of ten
years. In addition, if the alleged victim does not want their name
recorded on the sexual abuse collection kit, a case number or other
identifying information shall be assigned to the kit in place of the
name of the alleged victim. Section History: Recent Form
2004 Acts, ch 1055, §1
709.11 ASSAULT WITH INTENT TO COMMIT SEXUAL ABUSE.
Any person who commits an assault, as defined in section 708.1,
with the intent to commit sexual abuse is guilty of a class "C"
felony if the person thereby causes serious injury to any person and
guilty of a class "D" felony if the person thereby causes any person
a bodily injury other than a serious injury. The person is guilty of
an aggravated misdemeanor if no injury results. Section History: Early Form
[81 Acts, ch 204, § 6]
Referred to in § 232.22, 692A.101, 692A.102, 709.19, 903B.10
709.12 INDECENT CONTACT WITH A CHILD.
A person eighteen years of age or older is upon conviction guilty
of an aggravated misdemeanor if the person commits any of the
following acts with a child, not the person's spouse, with or without
the child's consent, for the purpose of arousing or satisfying the
sexual desires of either of them:
1. Fondle or touch the inner thigh, groin, buttock, anus, or
breast of the child.
2. Touch the clothing covering the immediate area of the inner
thigh, groin, buttock, anus, or breast of the child.
3. Solicit or permit a child to fondle or touch the inner thigh,
groin, buttock, anus, or breast of the person.
4. Solicit a child to engage in any act prohibited under section
709.8, subsection 1, 2, or 4.
The provisions of this section shall also apply to a person
sixteen or seventeen years of age who commits any of the enumerated
acts with a child who is at least five years the person's junior, in
which case the juvenile court shall have jurisdiction under chapter
232. Section History: Early Form
[81 Acts, ch 204, § 7] Section History: Recent Form
85 Acts, ch 181, §2; 88 Acts, ch 1252, §4
Referred to in § 692A.102, 709.19, 903B.10
709.13 CHILD IN NEED OF ASSISTANCE COMPLAINTS.
During or following an investigation into allegations of
violations of this chapter or of chapter 726 or 728 involving an
alleged victim under the age of eighteen and an alleged offender who
is not a person responsible for the care of the child, anyone with
knowledge of the alleged offense may file a complaint pursuant to
section 232.83 alleging the child to be a child in need of
assistance. In all cases, the complaint shall be filed by any peace
officer with knowledge of the investigation when the peace officer
has reason to believe that the alleged victim may require treatment
as a result of the alleged offense and that the child's parent,
guardian, or custodian will be unwilling or unable to provide the
treatment. Section History: Recent Form
88 Acts, ch 1252, §5
709.14 LASCIVIOUS CONDUCT WITH A MINOR.
It is unlawful for a person over eighteen years of age who is in a
position of authority over a minor to force, persuade, or coerce a
minor, with or without consent, to disrobe or partially disrobe for
the purpose of arousing or satisfying the sexual desires of either of
them.
Lascivious conduct with a minor is a serious misdemeanor. Section History: Recent Form
89 Acts, ch 105, § 2
Referred to in § 692A.102, 709.19, 903B.10
709.15 SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST,
OR SCHOOL EMPLOYEE.
1. As used in this section:
a. "Counselor or therapist" means a physician, psychologist,
nurse, professional counselor, social worker, marriage or family
therapist, alcohol or drug counselor, member of the clergy, or any
other person, whether or not licensed or registered by the state, who
provides or purports to provide mental health services.
b. "Emotionally dependent" means that the nature of the
patient's or client's or former patient's or client's emotional
condition or the nature of the treatment provided by the counselor or
therapist is such that the counselor or therapist knows or has reason
to know that the patient or client or former patient or client is
significantly impaired in the ability to withhold consent to sexual
conduct, as described in subsection 2, by the counselor or therapist.
For the purposes of subsection 2, a former patient or client is
presumed to be emotionally dependent for one year following the
termination of the provision of mental health services.
c. "Former patient or client" means a person who received
mental health services from the counselor or therapist.
d. "Mental health service" means the treatment, assessment,
or counseling of another person for a cognitive, behavioral,
emotional, mental, or social dysfunction, including an intrapersonal
or interpersonal dysfunction.
e. "Patient or client" means a person who receives mental
health services from the counselor or therapist.
f. "School employee" means a practitioner as defined in
section 272.1.
g. "Student" means a person who is currently enrolled in or
attending a public or nonpublic elementary or secondary school, or
who was a student enrolled in or who attended a public or nonpublic
elementary or secondary school within thirty days of any violation of
subsection 3.
2. Sexual exploitation by a counselor or therapist occurs when
any of the following are found:
a. A pattern or practice or scheme of conduct to engage in
any of the conduct described in paragraph "b" or "c".
b. Any sexual conduct, with an emotionally dependent patient
or client or emotionally dependent former patient or client for the
purpose of arousing or satisfying the sexual desires of the counselor
or therapist or the emotionally dependent patient or client or
emotionally dependent former patient or client, which includes but is
not limited to the following: kissing; touching of the clothed or
unclothed inner thigh, breast, groin, buttock, anus, pubes, or
genitals; or a sex act as defined in section 702.17.
c. Any sexual conduct with a patient or client or former
patient or client within one year of the termination of the provision
of mental health services by the counselor or therapist for the
purpose of arousing or satisfying the sexual desires of the counselor
or therapist or the patient or client or former patient or client
which includes but is not limited to the following: kissing;
touching of the clothed or unclothed inner thigh, breast, groin,
buttock, anus, pubes, or genitals; or a sex act as defined in section
702.17.
Sexual exploitation by a counselor or therapist does not include
touching which is part of a necessary examination or treatment
provided a patient or client by a counselor or therapist acting
within the scope of the practice or employment in which the counselor
or therapist is engaged.
3. Sexual exploitation by a school employee occurs when any of
the following are found:
a. A pattern or practice or scheme of conduct to engage in
any of the conduct described in paragraph "b".
b. Any sexual conduct with a student for the purpose of
arousing or satisfying the sexual desires of the school employee or
the student. Sexual conduct includes but is not limited to the
following: kissing; touching of the clothed or unclothed inner
thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act
as defined in section 702.17.
Sexual exploitation by a school employee does not include touching
that is necessary in the performance of the school employee's duties
while acting within the scope of employment.
4. a. A counselor or therapist who commits sexual
exploitation in violation of subsection 2, paragraph "a", commits
a class "D" felony.
b. A counselor or therapist who commits sexual exploitation
in violation of subsection 2, paragraph "b", commits an
aggravated misdemeanor.
c. A counselor or therapist who commits sexual exploitation
in violation of subsection 2, paragraph "c", commits a serious
misdemeanor. In lieu of the sentence provided for under section
903.1, subsection 1, paragraph "b", the offender may be required
to attend a sexual abuser treatment program.
5. a. A school employee who commits sexual exploitation in
violation of subsection 3, paragraph "a", commits a class "D"
felony.
b. A school employee who commits sexual exploitation in
violation of subsection 3, paragraph "b", commits an aggravated
misdemeanor. Section History: Recent Form
91 Acts, ch 130, § 2; 92 Acts, ch 1163, § 119; 92 Acts, ch 1199, §
2--6; 2003 Acts, ch 180, §65; 2004 Acts, ch 1086, §102
Referred to in § 614.1, 692A.102, 702.11, 709.19, 802.2A, 903B.10
709.16 SEXUAL MISCONDUCT WITH OFFENDERS AND
JUVENILES.
1. An officer, employee, contractor, vendor, volunteer, or agent
of the department of corrections, or an officer, employee, or agent
of a judicial district department of correctional services, who
engages in a sex act with an individual committed to the custody of
the department of corrections or a judicial district department of
correctional services commits an aggravated misdemeanor.
2. An officer, employee, contractor, vendor, volunteer, or agent
of a juvenile placement facility who engages in a sex act with a
juvenile placed at such facility commits an aggravated misdemeanor.
For purposes of this subsection, a "juvenile placement
facility" means any of the following:
a. A child foster care facility licensed under section 237.4.
b. Institutions controlled by the department of human
services listed in section 218.1.
c. Juvenile detention and juvenile shelter care homes
approved under section 232.142.
d. Psychiatric medical institutions for children licensed
under chapter 135H.
e. Substance abuse facilities as defined in section 125.2.
3. An officer, employee, contractor, vendor, volunteer, or agent
of a county who engages in a sex act with a prisoner incarcerated in
a county jail commits an aggravated misdemeanor. Section History: Recent Form
91 Acts, ch 219, §21; 98 Acts, ch 1094, §1
Referred to in § 692A.101, 692A.102, 709.19
709.17 Repealed by 98 Acts, ch 1090, § 80, 84. See
§ 915.44.
709.18 ABUSE OF A CORPSE.
1. A person commits abuse of a human corpse if the person
knowingly and intentionally engages in a sex act, as defined in
section 702.17, with a human corpse.
2. A person commits abuse of a human corpse if the person
mutilates, disfigures, or dismembers a human corpse with the intent
to conceal a crime.
3. A person commits abuse of a human corpse if the person hides
or buries a human corpse with the intent to conceal a crime.
4. A person who violates this section commits a class "D" felony.
Section History: Recent Form
96 Acts, ch 1006, §1; 2007 Acts, ch 91, §2
Referred to in § 229A.2
709.19 NO-CONTACT ORDER UPON DEFENDANT'S RELEASE FROM
JAIL OR PRISON.
1. Upon the filing of an affidavit by a victim, or a parent or
guardian on behalf of a minor who is a victim, of a crime that is a
sexual offense in violation of section 709.2, 709.3, 709.4, 709.8,
709.9, 709.11, 709.12, 709.14, 709.15, or 709.16, that states that
the presence of or contact with the defendant whose release from jail
or prison is imminent or who has been released from jail or prison
continues to pose a threat to the safety of the victim, persons
residing with the victim, or members of the victim's immediate
family, the court shall enter a temporary no-contact order which
shall require the defendant to have no contact with the victim,
persons residing with the victim, or members of the victim's
immediate family.
2. A temporary restraining order issued under this section shall
expire at such time as the court directs, not to exceed ten days from
the date of issuance. The court, for good cause shown before
expiration of the order, may extend the expiration date of the order
for up to ten days, or for a longer period agreed to by the adverse
party.
3. Upon motion of the party, the court shall issue a no-contact
order which shall require the defendant to have no contact with the
victim, persons residing with the victim, or members of the victim's
immediate family if the court, after a hearing, finds by a
preponderance of the evidence, that the defendant poses a threat to
the safety of the victim, persons residing with the victim, or
members of the victim's immediate family.
4. A no-contact order shall set forth the reasons for the
issuance of the order, be specific in terms, and describe in
reasonable detail the purpose of the order.
5. The court shall set the duration of the no-contact order for
the period it determines is necessary to protect the safety of the
victim, persons residing with the victim, or members of the victim's
immediate family, but the duration shall not be set for a period in
excess of one year from the date of the issuance of the order. The
victim, at any time within ninety days before the expiration of the
order, may apply for a new no-contact order under this section.
6. Violation of a no-contact order issued under this section
constitutes contempt of court and may be punished by contempt
proceedings. Section History: Recent Form
2002 Acts, ch 1085, §1; 2003 Acts, ch 108, §113
709.20 SEXUAL ABUSE -- NO-CONTACT ORDER. Repealed
by 2006 Acts, ch 1101, § 21. See § 664A.3.
709.21 INVASION OF PRIVACY -- NUDITY.
1. A person who knowingly views, photographs, or films another
person, for the purpose of arousing or gratifying the sexual desire
of any person, commits invasion of privacy if all of the following
apply:
a. The other person does not have knowledge about and does
not consent or is unable to consent to being viewed, photographed, or
filmed.
b. The other person is in a state of full or partial nudity.
c. The other person has a reasonable expectation of privacy
while in a state of full or partial nudity.
2. As used in this section:
a. "Full or partial nudity" means the showing of any part of
the human genitals or pubic area or buttocks, or any part of the
nipple of the breast of a female, with less than fully opaque
covering.
b. "Photographs or films" means the making of any photograph,
motion picture film, videotape, or any other recording or
transmission of the image of a person.
3. A person who violates this section commits a serious
misdemeanor. Section History: Recent Form
2004 Acts, ch 1099, §1
Referred to in § 692A.102
709.22 PREVENTION OF FURTHER SEXUAL ASSAULT --
NOTIFICATION OF RIGHTS.
1. If a peace officer has reason to believe that a sexual assault
as defined in section 915.40 has occurred, the officer shall use all
reasonable means to prevent further violence including but not
limited to the following:
a. If requested, remaining on the scene of the alleged sexual
assault as long as there is a danger to the victim's physical safety
without the presence of a peace officer, including but not limited to
staying in the dwelling unit or residence when it is the scene of the
alleged sexual assault, or if unable to remain on the scene,
assisting the victim in leaving the scene.
b. Assisting a victim in obtaining medical treatment
necessitated by the sexual assault, including providing assistance to
the victim in obtaining transportation to the emergency room of the
nearest hospital.
c. Providing a victim with immediate and adequate notice of
the victim's rights. The notice shall consist of handing the victim
a document that includes the telephone numbers of shelters, support
groups, and crisis lines operating in the area and contains a copy of
the following statement written in English and Spanish; asking the
victim to read the statement; and asking whether the victim
understands the rights:
"(1) You have the right to ask the court for help with any of the
following on a temporary basis:
(a) Keeping your attacker away from you, your home, and your
place of work.
(b) The right to stay at your home without interference from your
attacker.
(c) The right to seek a no-contact order under section 664A.3 or
915.22, if your attacker is arrested for sexual assault.
(2) You have the right to register as a victim with the county
attorney under section 915.12.
(3) You have the right to file a complaint for threats, assaults,
or other related crimes.
(4) You have the right to seek restitution against your attacker
for harm to you or your property.
(5) You have the right to apply for victim compensation.
(6) You have the right to contact the county attorney or local
law enforcement to determine the status of your case.
(7) If you are in need of medical treatment, you have the right
to request that the officer present assist you in obtaining
transportation to the nearest hospital or otherwise assist you.
(8) You have the right to a sexual assault examination performed
at state expense.
(9) You have the right to request the presence of a victim
counselor, as defined in section 915.20A, at any proceeding related
to an assault including a medical examination.
(10) If you believe that police protection is needed for your
physical safety, you have the right to request that the officer
present remain at the scene until you and other affected parties can
leave or until safety is otherwise ensured."
2. A peace officer is not civilly or criminally liable for
actions taken in good faith pursuant to this section Section History: Recent Form
2005 Acts, ch 158, §45; 2006 Acts, ch 1101, §15; 2008 Acts, ch
1068, §1; 2009 Acts, ch 133, §176, 177