CH. 159 lAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION
CHAPTER 159 SEXUAL ABUSE - MISCELlANEOUS PROVISIONS
AN ACT relating to the offense of sexual abuse, providing related definitions, and applying penalties.
Be It Enacted by the General Assembly of the State of Iowa:
Section l. Section 709.1, Code 1999, is amended to read as follows: 709.1 SEXUAL ABUSE DEFINED. Any sex act between persons is sexual abuse by either of the partieipants persons when
the act is performed with the other partieipant 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 uncon- sciousness, the act is done against the will of the other.
2. Such other partieipant 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 partieipant person is a child.
Sec. 2. NEW SECTION. 709.1A INCAPACITATION. As used in this chapter, "incapacitated" means a person is disabled or deprived of ability,
as follows: l. "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 intoxi- cating 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.
Sec. 3. Section 709.3, Code 1999, is amended to read as follows: 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 partieipant ~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 partieipaflt person against whom the sex act is committed. Sexual abuse in the second degree is a class "B" felony.
Sec. 4. Section 709.4, Code 1999, is amended to read as follows: 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 partieipant person, whether or
not the other partieipant ~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:
385 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 159
a. The other partieipaRt ~ is suffering from a mental defect or incapacity which precludes giving consent.
b. The other partieipaRt ~is twelve or thirteen years of age. c. The other partieipaRt ~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 partieipaRt ~· (2) The person is related to the other partieipaRt person by blood or affinity to the fourth
degree. (3) The person is in a position of authority over the other partieipaRt person and uses that
authority to coerce the other partieipaRt ~to submit. ( 4) The person is fi¥e four or more years older than the other partieipaRt ~· 3. The act is performed while the other partieipaRt ~ is under the influence of a
controlled substance, which may include but is not limited to flunitrazepam, and all of the following are true:
&.- The eoRtFolled s1:18staRee, whieh may iRel1:1de 81:1t is Rot limited to fl1:1RitFazepam, has BeeR eORSI:lmea BY OF aamiRiSteFea to the otheF partieipaRt with01:1t the otheF partieipaRt'S lmovlledge.
&.- a... The controlled substance, which may include but is not limited to flunitrazepam, prevents the other partieipaRt ~from consenting to the act.
e,. b. The person performing the act knows or reasonably should have known that the other partieipaRt ~was under the influence of the controlled substance, which may include but is not limited to flunitrazepam.
1.. The act is performed while the other person is mentally incapacitated. physically inca- pacitated. or physically helpless.
Sexual abuse in the third degree is a class "C" felony.
Sec. 5. Section 709.5, Code 1999, is amended to read as follows: 709.5 RESISTANCE TO SEXUAL ABUSE. Under the provisions of this chapter it shall not be necessary to establish physical resis-
tance by a partieipaRt .rurr£Qn in order to establish that an act of sexual abuse was committed by force or against the will of the partieipaRt ~· However, the circumstances surround- ing 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.
Approved May 20, 1999