Iowa Code 915.40 – Definitions
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Terms Used In Iowa Code 915.40
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
915.40 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “”AIDS”” means acquired immune deficiency syndrome as defined by the centers for disease control of the United States department of health and human services.
2. “”Alleged offender”” means a person who has been charged with the commission of a sexual assault or a juvenile who has been charged in juvenile court with being a delinquent as the result of actions that would constitute a sexual assault.
3. “”Authorized representative”” means an individual authorized by the victim to request an
HIV-related test of a convicted or alleged offender who is any of the following: a. The parent, guardian, or custodian of the victim if the victim is a minor. b. The physician of the victim.
c. The victim counselor or person requested by the victim to provide counseling regarding
the HIV-related test and results.
d. The victim’s spouse.
e. The victim’s legal counsel.
4. “”Convicted offender”” means a person convicted of a sexual assault or a juvenile who has been adjudicated delinquent for an act of sexual assault.
5. “”Department”” means the department of health and human services.
6. “”Division”” means the crime victims assistance division of the office of the attorney general.
7. “”HIV”” means the human immunodeficiency virus identified as the causative agent of
AIDS.
8. “”HIV-related test”” means a test for the antibody or antigen to HIV.
9. “”Petitioner”” means a person who is the victim of a sexual assault which resulted in alleged significant exposure or the parent, guardian, or custodian of a victim if the victim is a minor, for whom the county attorney files a petition with the district court to require the convicted offender to undergo an HIV-related test.
10. “”Sexual assault”” means sexual abuse as defined in § 709.1, or any other sexual offense by which a victim has allegedly had sufficient contact with a convicted or an alleged offender to be deemed a significant exposure.
11. “”Significant exposure”” means contact of the victim’s ruptured or broken skin or mucous membranes with the blood or bodily fluids, other than tears, saliva, or perspiration of the convicted or alleged offender. “”Significant exposure”” is presumed to have occurred when there is a showing that there was penetration of the convicted or alleged offender’s penis into the victim’s vagina or anus, contact between the mouth and genitalia, or contact between the genitalia of the convicted or alleged offender and the genitalia or anus of the victim.
12. “”Victim”” means a petitioner or a person who is the victim of a sexual assault which resulted in significant exposure, or the parent, guardian, or custodian of such a victim if the victim is a minor, for whom the victim or the peace officer files an application for a search warrant to require the alleged offender to undergo an HIV-related test. “”Victim”” includes an alleged victim.
13. “”Victim counselor”” means a person who is engaged in a crime victim center as defined in § 915.20A, who is certified as a counselor by the crime victim center, and who has completed at least twenty hours of training provided by the Iowa coalition against sexual assault or a similar agency.
98 Acts, ch 1087, §3, 4; 98 Acts, ch 1090, §33, 84; 98 Acts, ch 1128, §2; 99 Acts, ch 181, §19;
2023 Acts, ch 19, §1346
Referred to in §135.11, 141A.9, 709.22, 915.27, 915.42
Subsection 5 amended
As used in this subchapter, unless the context otherwise requires:
1. “”AIDS”” means acquired immune deficiency syndrome as defined by the centers for disease control of the United States department of health and human services.
2. “”Alleged offender”” means a person who has been charged with the commission of a sexual assault or a juvenile who has been charged in juvenile court with being a delinquent as the result of actions that would constitute a sexual assault.
3. “”Authorized representative”” means an individual authorized by the victim to request an
HIV-related test of a convicted or alleged offender who is any of the following: a. The parent, guardian, or custodian of the victim if the victim is a minor. b. The physician of the victim.
c. The victim counselor or person requested by the victim to provide counseling regarding
the HIV-related test and results.
d. The victim’s spouse.
e. The victim’s legal counsel.
4. “”Convicted offender”” means a person convicted of a sexual assault or a juvenile who has been adjudicated delinquent for an act of sexual assault.
5. “”Department”” means the department of health and human services.
6. “”Division”” means the crime victims assistance division of the office of the attorney general.
7. “”HIV”” means the human immunodeficiency virus identified as the causative agent of
AIDS.
8. “”HIV-related test”” means a test for the antibody or antigen to HIV.
9. “”Petitioner”” means a person who is the victim of a sexual assault which resulted in alleged significant exposure or the parent, guardian, or custodian of a victim if the victim is a minor, for whom the county attorney files a petition with the district court to require the convicted offender to undergo an HIV-related test.
10. “”Sexual assault”” means sexual abuse as defined in § 709.1, or any other sexual offense by which a victim has allegedly had sufficient contact with a convicted or an alleged offender to be deemed a significant exposure.
11. “”Significant exposure”” means contact of the victim’s ruptured or broken skin or mucous membranes with the blood or bodily fluids, other than tears, saliva, or perspiration of the convicted or alleged offender. “”Significant exposure”” is presumed to have occurred when there is a showing that there was penetration of the convicted or alleged offender’s penis into the victim’s vagina or anus, contact between the mouth and genitalia, or contact between the genitalia of the convicted or alleged offender and the genitalia or anus of the victim.
12. “”Victim”” means a petitioner or a person who is the victim of a sexual assault which resulted in significant exposure, or the parent, guardian, or custodian of such a victim if the victim is a minor, for whom the victim or the peace officer files an application for a search warrant to require the alleged offender to undergo an HIV-related test. “”Victim”” includes an alleged victim.
13. “”Victim counselor”” means a person who is engaged in a crime victim center as defined in § 915.20A, who is certified as a counselor by the crime victim center, and who has completed at least twenty hours of training provided by the Iowa coalition against sexual assault or a similar agency.
98 Acts, ch 1087, §3, 4; 98 Acts, ch 1090, §33, 84; 98 Acts, ch 1128, §2; 99 Acts, ch 181, §19;
2023 Acts, ch 19, §1346
Referred to in §135.11, 141A.9, 709.22, 915.27, 915.42
Subsection 5 amended