Iowa SF 92: A bill for an act creating the criminal offense of intent to commit a sex act with a minor through the use of an electronic device.

Bill Text

Senate
File
92
-
Introduced

SENATE
FILE
92

BY
SINCLAIR

A
BILL
FOR

An
Act
creating
the
criminal
offense
of
intent
to
commit
a
sex
1

act
with
a
minor
through
the
use
of
an
electronic
device.
2

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3

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S.F.
92

Section
1.
Section
692A.102,
subsection
1,
paragraph
b,
1

Code
2017,
is
amended
by
adding
the
following
new
subparagraph:
2

NEW
SUBPARAGRAPH

.
(029)
Intent
to
commit
a
sex
act
with
3

a
person
under
sixteen
years
of
age
in
violation
of
section
4

709.23.
5

Sec.
2.
Section
702.11,
subsection
1,
Code
2017,
is
amended
6

to
read
as
follows:
7

1.
a.
A
“forcible
felony”
is
any
felonious
child
8

endangerment,
assault,
murder,
sexual
abuse,
kidnapping,
9

robbery,
human
trafficking,
arson
in
the
first
degree,
or
10

burglary
in
the
first
degree.
11

b.

A
“forcible
felony”
also
includes
a
violation
of
section
12

709.23.
13

Sec.
3.
NEW
SECTION

.
709.23
Intent
to
commit
a
sex
act
14

with
a
person
under
sixteen
years
of
age
——
use
of
an
electronic
15

device.
16

1.
A
person
commits
a
class
“C”
felony
if
the
person
uses
17

an
electronic
device
to
communicate
with
another
person
with
18

the
intent
to
commit
a
sex
act
and
the
person
believes
or
has
19

reason
to
believe
the
other
person
is
under
sixteen
years
of
20

age.
21

2.
This
section
only
applies,
if
at
the
time
of
the
22

communication,
the
person
communicating
the
intent
to
commit
a
23

sex
act
is
four
or
more
years
older
than
the
other
person.
24

3.
Proof
that
the
person
committed
an
overt
act,
other
than
25

the
use
of
an
electronic
device
to
communicate
the
intent
to
26

commit
a
sex
act,
is
necessary
to
prove
intent
under
subsection
27

1.

28

4.
For
purposes
of
this
section,
“electronic
device”
29

includes
but
is
not
limited
to
a
computer,
mobile
telephone,
or
30

other
electronic
device
used
to
communicate.
31

EXPLANATION
32

The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33

the
explanation’s
substance
by
the
members
of
the
general
assembly.
34

This
bill
creates
the
criminal
offense
of
intent
to
commit
a
35

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S.F.
92

sex
act
with
a
person
under
16
years
of
age
through
the
use
of
1

an
electronic
device.
2

Under
the
bill,
a
person
commits
a
class
“C”
felony
if
the
3

person
uses
an
electronic
device
to
communicate
with
another
4

person
with
the
intent
to
commit
a
sex
act
and
the
person
5

believes
or
has
reason
to
believe
the
other
person
is
under
16
6

years
of
age.
A
“sex
act”
is
defined
in
Code
section
702.17.
7

The
bill
only
applies
to
a
person
who,
at
the
time
of
the
8

communication
of
the
intent
to
commit
a
sex
act,
is
four
or
9

more
years
older
than
the
other
person.
10

The
bill
requires
that
the
person
commit
an
overt
act,
other
11

than
the
use
of
a
computer
to
communicate
the
intent
to
commit
12

a
sex
act,
in
order
to
prove
intent
to
violate
the
bill.
13

The
bill
defines
“electronic
device”
to
include
a
computer,
14

mobile
telephone,
or
other
electronic
device
used
to
15

communicate.
16

A
class
“C”
felony
is
punishable
by
confinement
for
no
more
17

than
10
years
and
a
fine
of
at
least
$1,000
but
not
more
than
18

$10,000.
19

A
violation
of
the
bill
is
also
a
forcible
felony.
A
person
20

convicted
of
a
forcible
felony
is
not
eligible
to
receive
a
21

deferred
judgment
or
sentence,
or
a
suspended
sentence.
22

A
person
who
violates
the
bill
is
required
to
register
as
a
23

tier
II
sex
offender
under
Code
chapter
692A.
A
tier
II
sex
24

offender
is
required
to
verify
certain
information
about
the
25

offender
every
six
months
while
on
the
registry.
26

A
person
who
violates
the
bill
is
also
subject
to
lifetime
27

special
sentence
parole
provisions
under
Code
section
903B.1.
28

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