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