Iowa Code 692A.126 – Sexually motivated offense — determination
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Terms Used In Iowa Code 692A.126
- Child: includes child by adoption. See Iowa Code 4.1
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
692A.126 Sexually motivated offense — determination.
1. If a judge or jury makes a determination, beyond a reasonable doubt, that any of the following offenses for which a conviction has been entered on or after July 1, 2009, are sexually motivated, the person shall be required to register as provided in this chapter:
a. Murder in the first degree in violation of § 707.2.
b. Murder in the second degree in violation of § 707.3.
c. Voluntary manslaughter in violation of § 707.4.
d. Involuntary manslaughter in violation of § 707.5.
e. Attempt to commit murder in violation of § 707.11.
f. Harassment in violation of § 708.7, subsection 1, 2, or 3.
g. Stalking in violation of § 708.11.
h. Any other indictable offense in violation of chapter 708 if the offense was committed against a minor or otherwise involves a minor.
i. Kidnapping in the first degree in violation of § 710.2.
j. Kidnapping in the second degree in violation of § 710.3.
k. Kidnapping in the third degree in violation of § 710.4.
l. Child stealing in violation of § 710.5.
m. Purchase or sale or attempted purchase or sale of an individual in violation of section
710.11.
n. Burglary in the first degree in violation of § 713.3, subsection 1, paragraph “”a””,
“”b””, or “”c””.
o. Attempted burglary in the first degree in violation of § 713.4.
p. Burglary in the second degree in violation of § 713.5.
q. Attempted burglary in the second degree in violation of § 713.6.
r. Burglary in the third degree in violation of § 713.6A.
s. Attempted burglary in the third degree in violation of § 713.6B.
t. Pimping in violation of § 725.2 if the offense was committed against a minor or otherwise involves a minor.
u. Pandering in violation of § 725.3, subsection 2.
v. Any indictable offense in violation of chapter 726 if the offense was committed against a minor or otherwise involves a minor.
w. Extortion in violation of § 711.4.
2. a. The following persons shall be required to register as provided in this chapter if the department makes a determination that the offense was sexually motivated:
(1) A person convicted of an offense in this state specified under subsection 1 prior to July
1, 2009.
(2) A person convicted of an offense in another jurisdiction, or convicted of an offense that was prosecuted in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1.
(3) A juvenile convicted of an offense in another jurisdiction, or convicted of an offense as a juvenile in a similar juvenile court proceeding in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1.
b. A determination made pursuant to this subsection shall be issued in writing and shall
include a summary of the information and evidence considered in making the determination that the offense was sexually motivated.
c. The determination made by the department shall be subject to judicial review in
accordance with chapter 17A.
2009 Acts, ch 119, §26; 2010 Acts, ch 1104, §14, 23; 2011 Acts, ch 95, §9; 2021 Acts, ch 89, §3
Referred to in §692A.102, 692A.125, 707.2, 707.3, 707.4, 707.5, 707.11, 708.7, 708.11, 708.15, 710.2, 710.3, 710.4, 710.5, 711.4, 713.3,
713.4, 713.5, 713.6, 713.6A, 713.6B, 726.10
1. If a judge or jury makes a determination, beyond a reasonable doubt, that any of the following offenses for which a conviction has been entered on or after July 1, 2009, are sexually motivated, the person shall be required to register as provided in this chapter:
a. Murder in the first degree in violation of § 707.2.
b. Murder in the second degree in violation of § 707.3.
c. Voluntary manslaughter in violation of § 707.4.
d. Involuntary manslaughter in violation of § 707.5.
e. Attempt to commit murder in violation of § 707.11.
f. Harassment in violation of § 708.7, subsection 1, 2, or 3.
g. Stalking in violation of § 708.11.
h. Any other indictable offense in violation of chapter 708 if the offense was committed against a minor or otherwise involves a minor.
i. Kidnapping in the first degree in violation of § 710.2.
j. Kidnapping in the second degree in violation of § 710.3.
k. Kidnapping in the third degree in violation of § 710.4.
l. Child stealing in violation of § 710.5.
m. Purchase or sale or attempted purchase or sale of an individual in violation of section
710.11.
n. Burglary in the first degree in violation of § 713.3, subsection 1, paragraph “”a””,
“”b””, or “”c””.
o. Attempted burglary in the first degree in violation of § 713.4.
p. Burglary in the second degree in violation of § 713.5.
q. Attempted burglary in the second degree in violation of § 713.6.
r. Burglary in the third degree in violation of § 713.6A.
s. Attempted burglary in the third degree in violation of § 713.6B.
t. Pimping in violation of § 725.2 if the offense was committed against a minor or otherwise involves a minor.
u. Pandering in violation of § 725.3, subsection 2.
v. Any indictable offense in violation of chapter 726 if the offense was committed against a minor or otherwise involves a minor.
w. Extortion in violation of § 711.4.
2. a. The following persons shall be required to register as provided in this chapter if the department makes a determination that the offense was sexually motivated:
(1) A person convicted of an offense in this state specified under subsection 1 prior to July
1, 2009.
(2) A person convicted of an offense in another jurisdiction, or convicted of an offense that was prosecuted in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1.
(3) A juvenile convicted of an offense in another jurisdiction, or convicted of an offense as a juvenile in a similar juvenile court proceeding in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1.
b. A determination made pursuant to this subsection shall be issued in writing and shall
include a summary of the information and evidence considered in making the determination that the offense was sexually motivated.
c. The determination made by the department shall be subject to judicial review in
accordance with chapter 17A.
2009 Acts, ch 119, §26; 2010 Acts, ch 1104, §14, 23; 2011 Acts, ch 95, §9; 2021 Acts, ch 89, §3
Referred to in §692A.102, 692A.125, 707.2, 707.3, 707.4, 707.5, 707.11, 708.7, 708.11, 708.15, 710.2, 710.3, 710.4, 710.5, 711.4, 713.3,
713.4, 713.5, 713.6, 713.6A, 713.6B, 726.10