Sex Crimes: Definitions and Penalties Iowa

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1 Sex Crimes: Definitions and Penalties Iowa Sexual Abuse in the First Degree Last Updated: December 2016 How is it In the course of committing sexual abuse, defendant causes another serious injury Sexual Abuse (1st degree) is a Class A felony. Child means any person under the age of 14 years. Sexual abuse means any sex act between persons when the act is performed with the other person in any of the following circumstances: 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; 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; or Such other person is a child. Serious injury means any of the following: Disabling mental illness. Bodily injury which does any of the following: Creates a substantial risk of death; Causes serious permanent disfigurement; Causes protracted loss or impairment of the function of any bodily member or organ; or Any injury to a child that requires surgical repair and necessitates the administration of general anesthesia. Iowa Code Sexual Abuse in the Second Degree

2 How is it Committing sexual abuse under any of the following circumstances: During the commission of sexual abuse defendant 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; The other person is under the age of 12; or Defendant is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person against whom the sex act is committed. Sexual Abuse (2d degree) is a Class B felony. Child means any person under the age of 14 years. Sexual abuse means any sex act between persons when the act is performed with the other person in any of the following circumstances: 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; 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; or Such other person is a child. Serious injury means any of the following: Disabling mental illness. Bodily injury which does any of the following: Creates a substantial risk of death; Causes serious permanent disfigurement; Causes protracted loss or impairment of the function of any bodily member or organ; or Any injury to a child that requires surgical repair and necessitates the administration of general anesthesia. Dangerous weapon is any instrument designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Iowa Code Sexual Abuse in the Third Degree

3 How is it Performing a sex act under any of the following circumstances: 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; The other person is suffering from a mental defect or incapacity which precludes giving consent; The other person is 12 or 13 years of age; The other person is 14 or 15 years of age and: 1. Defendant is a member of the same household as the other person; 2. Defendant is related to the other person by blood or affinity to the fourth degree; 3. Defendant is in a position of authority over the other person and uses that authority to coerce the other person to submit; or 4. Defendant is four or more years older than the other person; The act is between persons who are not at the time cohabiting as husband and wife and: The act is performed while the other person is under the influence of a controlled substance, and: The controlled substance prevents the other person from consenting to the act; and Defendant knows or reasonably should have known that the other person was under the influence of the controlled substance; or The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless. Sexual Abuse (3d degree) is a Class C felony. Incapacitated means a person is disabled or deprived of ability, as follows: 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; 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; Physically incapacitated means that a person has a bodily impairment or handicap that substantially limits the person's ability to resist or flee. See Sexual Abuse (1st and 2d degree) for additional relevant definitions. Iowa Code Assault with Intent to Commit Sexual Abuse

4 How is it Committing an assault with the intent to commit sexual abuse. Assault with Intent to Commit Sexual Abuse is: A Class C felony if defendant causes serious injury to any person; A Class D felony if defendant causes any person a bodily injury other than a serious injury; An aggravated misdemeanor if no injury results. Assault means when, without justification, the person: Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another. See Sexual Abuse (1st, 2d and 3d degree) for additional relevant definitions. Iowa Code Rape How is it rape is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Iowa does not expressly penalize statutory rape, sexual abuse in the 1st, 2d, and 3d degrees targets statutory rape under certain circumstances. rape is Sexual Abuse (1st degree) if, in the course of the commission of the sex act, defendant causes another serious injury. rape is Sexual Abuse (2d degree) if defendant performs any sex act and the victim is under the age of 12 years. rape is Sexual Abuse (3d degree) if defendant and victim are not cohabiting at the time of the sex act and: The other person is 12 or 13 years of age' The other person is 14 or 15 years of age and:

5 this crime? Defendant is a member of the same household as the other person; Defendant is related to the other person by blood or affinity to the fourth degree; Defendant is in a position of authority over the other person and uses that authority to coerce the other person to submit; or Defendant is four or more years older than the other person. Sexual Abuse (1st degree) is a Class A felony. Sexual Abuse (2d degree) is a Class B felony. Sexual Abuse (3d degree) is a Class C felony. Iowa Code See Sexual Abuse (1st, 2d, and 3d degree) for relevant definitions. Sodomy How is it Iowa does not penalize sodomy.