Iowa Code 902.14 – Enhanced penalty — sexual abuse or lascivious acts with 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 A felony | life |
Terms Used In Iowa Code 902.14
- Child: includes child by adoption. See Iowa Code 4.1
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- 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
902.14 Enhanced penalty — sexual abuse or lascivious acts with a child.
1. A person commits a class “”A”” felony if the person commits a second or subsequent offense involving any combination of the following offenses:
a. Sexual abuse in the second degree in violation of § 709.3.
b. Sexual abuse in the third degree in violation of § 709.4.
c. Lascivious acts with a child in violation of § 709.8, subsection 1, paragraph “”a”” or
“”b””.
d. Continuous sexual abuse of a child in violation of § 709.23.
2. In determining if a violation charged is a second or subsequent offense for purposes of criminal sentencing in this section, each previous violation on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be considered and counted as a separate previous offense, regardless of whether the previous offense occurred before, on, or after July 1, 2005. Convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to the offenses listed in subsection 1 shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses listed in subsection 1 and can therefore be considered corresponding statutes.
2005 Acts, ch 158, §38; 2013 Acts, ch 30, §260; 2020 Acts, ch 1115, §5
1. A person commits a class “”A”” felony if the person commits a second or subsequent offense involving any combination of the following offenses:
a. Sexual abuse in the second degree in violation of § 709.3.
b. Sexual abuse in the third degree in violation of § 709.4.
c. Lascivious acts with a child in violation of § 709.8, subsection 1, paragraph “”a”” or
“”b””.
d. Continuous sexual abuse of a child in violation of § 709.23.
2. In determining if a violation charged is a second or subsequent offense for purposes of criminal sentencing in this section, each previous violation on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be considered and counted as a separate previous offense, regardless of whether the previous offense occurred before, on, or after July 1, 2005. Convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to the offenses listed in subsection 1 shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses listed in subsection 1 and can therefore be considered corresponding statutes.
2005 Acts, ch 158, §38; 2013 Acts, ch 30, §260; 2020 Acts, ch 1115, §5