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Home » US Law » 2022 Iowa Code » Title XVI - CRIMINAL LAW AND PROCEDURE » Chapter 709 - SEXUAL ABUSE

Section 709.1 – Sexual abuse defined.

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 […]

Section 709.10 – Sexual abuse — evidence.

709.10 Sexual abuse — evidence. 1. As used in this section: a. “Forensic medical examination” means a sexual abuse examination by a health care provider for the purpose of gathering and preserving evidence of sexual abuse. b. “Kit” means a sexual abuse evidence collection kit that includes a human biological specimen collected by a health […]

Section 709.11 – Assault with intent to commit sexual abuse.

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: 1. Is guilty of a class “C” felony if the person thereby causes serious injury to any person. 2. Is guilty of a class “D” felony if the person […]

Section 709.12 – Indecent contact with a child.

709.12 Indecent contact with a child. 1. 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 […]

Section 709.13 – Child in need of assistance complaints.

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 alleged victim, anyone with knowledge of […]

Section 709.14 – Lascivious conduct with a minor.

709.14 Lascivious conduct with a minor. 1. a. It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to force, persuade, or coerce that minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual […]

Section 709.15 – Sexual exploitation by a counselor, therapist, or school employee.

709.15 Sexual exploitation by a counselor, therapist, or school employee. 1. As used in this section: a. “Adult providing training or instruction” means an adult who is not a school employee who provides paid training or instruction to a minor outside of a school setting. For purposes of this paragraph, “adult” is a person age […]

Section 709.16 – Sexual misconduct with offenders and juveniles.

709.16 Sexual misconduct with offenders and juveniles. 1. Any peace officer, or 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 […]

Section 709.18 – Sexual abuse of a corpse.

709.18 Sexual abuse of a corpse. 1. A person commits sexual 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 who violates this section commits a class “D” felony. 96 Acts, ch 1006, §1; 2007 Acts, […]

Section 709.1A – Incapacitation.

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 […]

Section 709.2 – Sexual abuse in the first degree.

709.2 Sexual abuse in the first degree. 1. A person commits sexual abuse in the first degree when in the course of committing sexual abuse the person causes another serious injury. 2. Sexual abuse in the first degree is a class “A” felony. [C51, §2581; R60, §4204; C73, §3861; C97, §4756; C24, 27, 31, 35, […]

Section 709.21 – Invasion of privacy — nudity.

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 consent or is unable to consent to being viewed, […]

Section 709.22 – Prevention of further sexual assault — notification of rights.

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 […]

Section 709.23 – Continuous sexual abuse of a child.

709.23 Continuous sexual abuse of a child. 1. A person eighteen years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse in violation of section 709.3 or 709.4, with the same child, and at least thirty days have […]

Section 709.3 – Sexual abuse in the second degree.

709.3 Sexual abuse in the second degree. 1. A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances: a. 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 […]

Section 709.4 – Sexual abuse in the third degree.

709.4 Sexual abuse in the third degree. 1. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances: a. 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 […]

Section 709.5 – Resistance to sexual abuse.

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 […]