Iowa Code 709.23 – Continuous sexual abuse of a child
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 25 years |
Terms Used In Iowa Code 709.23
- Child: includes child by adoption. See Iowa Code 4.1
- Conviction: A judgement of guilt against a criminal defendant.
- 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
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 with the same child, and at least thirty days have elapsed between the first and last acts of sexual abuse.
2. A person who commits continuous sexual abuse of a child is, upon conviction, guilty of a class “”B”” felony. Notwithstanding § 902.9, subsection 1, paragraph “”b””, a person convicted of a violation of this section shall be confined for no more than fifty years.
3. If a jury is the trier of fact, members of the jury must unanimously agree that three or more acts of sexual abuse were committed with the same child and at least thirty days have elapsed between the first and last acts of sexual abuse. The jury does not need to unanimously agree which specific acts were committed or the exact date when those acts were committed.
4. Any other sexual abuse offense involving the same child shall not be charged in the same proceeding as a charge under this section unless the other sexual abuse offense occurred outside of the time period charged under this section or the other sexual abuse offense is charged in the alternative.
5. A person shall be charged with only one count under this section unless more than one child is involved in the offense. If more than one child is involved, a separate count may be charged for each child.
6. Each act of sexual abuse committed under § 709.3 shall be considered a lesser included offense to the crime of continuous sexual abuse of a child under this section.
2020 Acts, ch 1115, §4; 2020 Acts, ch 1121, §67, 70; 2023 Acts, ch 32, §1
Referred to in §622.31B, 692A.101, 692A.102, 902.12, 902.14, 903B.10
Subsections 1, 2, 3, and 6 amended
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 with the same child, and at least thirty days have elapsed between the first and last acts of sexual abuse.
2. A person who commits continuous sexual abuse of a child is, upon conviction, guilty of a class “”B”” felony. Notwithstanding § 902.9, subsection 1, paragraph “”b””, a person convicted of a violation of this section shall be confined for no more than fifty years.
3. If a jury is the trier of fact, members of the jury must unanimously agree that three or more acts of sexual abuse were committed with the same child and at least thirty days have elapsed between the first and last acts of sexual abuse. The jury does not need to unanimously agree which specific acts were committed or the exact date when those acts were committed.
4. Any other sexual abuse offense involving the same child shall not be charged in the same proceeding as a charge under this section unless the other sexual abuse offense occurred outside of the time period charged under this section or the other sexual abuse offense is charged in the alternative.
5. A person shall be charged with only one count under this section unless more than one child is involved in the offense. If more than one child is involved, a separate count may be charged for each child.
6. Each act of sexual abuse committed under § 709.3 shall be considered a lesser included offense to the crime of continuous sexual abuse of a child under this section.
2020 Acts, ch 1115, §4; 2020 Acts, ch 1121, §67, 70; 2023 Acts, ch 32, §1
Referred to in §622.31B, 692A.101, 692A.102, 902.12, 902.14, 903B.10
Subsections 1, 2, 3, and 6 amended