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

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