SF 2210

Senate
File
2210
-
Introduced
SENATE
FILE
2210
BY
BENNETT
A
BILL
FOR
An
Act
relating
to
sexual
abuse
by
fraud,
concealment,
or
1
artifice
regarding
marital
status,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
692A.102,
subsection
1,
paragraph
c,
1
subparagraph
(10),
Code
2026,
is
amended
to
read
as
follows:
2
(10)
Sexual
abuse
in
the
third
degree
in
violation
of
3
section
709.4,
subsection
1
,
paragraph
“a”
,
“c”
,
or
“d”
,
or
“e”
,
4
if
committed
by
a
person
fourteen
years
of
age
or
older.
5
Sec.
2.
Section
709.1,
Code
2026,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4.
The
person
obtains
the
consent
of
the
8
other
person
by
the
use
of
fraud,
concealment,
or
artifice,
and
9
intentionally
deceives
the
other
person
regarding
the
person’s
10
marital
status
such
that
a
reasonable
person
would
not
have
11
consented
but
for
the
deception.
12
Sec.
3.
Section
709.4,
subsection
1,
Code
2026,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
e.
The
act
is
performed
after
the
person
15
obtains
the
other
person’s
consent
through
the
use
of
fraud,
16
concealment,
or
artifice
regarding
the
person’s
marital
status,
17
and
the
person
performing
the
act
knows
or
reasonably
should
18
have
known
that
the
other
person
would
not
have
consented
but
19
for
the
deception.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
sexual
abuse
by
fraud,
concealment,
or
24
artifice
regarding
marital
status.
25
The
bill
provides
that
sexual
abuse
includes
a
person
26
obtaining
the
consent
of
another
person
by
the
use
of
fraud,
27
concealment,
or
artifice,
who
intentionally
deceives
the
28
other
person
regarding
the
person’s
marital
status
such
that
29
a
reasonable
person
would
not
have
consented
but
for
the
30
deception.
31
The
bill
provides
that
a
person
commits
sexual
abuse
in
the
32
third
degree
when
the
person
obtains
the
other
person’s
consent
33
through
the
use
of
fraud,
concealment,
or
artifice
regarding
34
the
person’s
marital
status,
and
the
person
performing
the
act
35
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knows
or
reasonably
should
have
known
that
the
other
person
1
would
not
have
consented
but
for
the
deception.
Sexual
abuse
2
in
the
third
degree
is
a
class
“C”
felony.
A
class
“C”
felony
3
is
punishable
by
confinement
for
no
more
than
10
years
and
a
4
fine
of
at
least
$1,370
but
not
more
than
$13,660.
5
A
person
committing
a
violation
of
the
bill
is
required
to
6
register
as
a
tier
III
sex
offender.
7
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