Sex Crimes: Definitions and Penalties
Iowa

• In the course of committing sexual abuse, the person causes another serious injury.

• Sexual abuse in the first degree is a Class “A” felony, punishable by imprisonment for the rest of the defendant’s life with no possibility of parole unless the governor commutes the sentence to a term of years if 18 years of age or over or for the rest of the defendant’s life with the possibility of parole after serving a minimum term of confinement as determined by the court or life with the possibility of parole if under the age of 18 years of age.

The following definitions are relevant to this crime:

• “Sexual abuse” means any sex act between persons when either (1) the act is done by force or against the will of the other person – if the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other; (2) the other person is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters; or (3) the other person is a child.
• “Serious injury” means any of the following: (1) disabling mental illness; (2) bodily injury which does any of the following: creates a substantial risk of death; causes serious permanent disfigurement; or causes protracted loss or impairment of the function of any bodily member or organ; or (3) any injury to a child that requires surgical repair and necessitates the administration of general anesthesia. “Serious injury” includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.
• “Incapacitated” means a person is disabled or deprived of ability, as follows:

• “Mentally incapacitated” means that a person is temporarily incapable of apprising or controlling the person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
• “Physically helpless” means that a person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.
• “Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.

It is not necessary to establish physical resistance by a person to establish that an act of sexual abuse was committed by force or against that person’s will. However, the circumstances surrounding the commission of the act may be considered in determining whether or not the act was done by force or against the will of the other.

• Iowa Code § 702.18
• Iowa Code § 709.1
• Iowa Code § 709.1A
• Iowa Code § 709.2
• Iowa Code § 709.5
• Sentencing, § 902.1

Committing sexual abuse under any of the following circumstances:

• During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person;
• The other person is a child; or
• Defendant is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person against whom the sex act is committed.

• A person commits a Class “A” felony if the person commits a second or subsequent offense involving any combination of the following offenses:
• Sexual abuse in the second degree is a Class “B” felony, punishable by an indeterminate term, the maximum of which shall not exceed 25 years.
• Sexual abuse in the second degree in violation of section 709.3.
• Sexual abuse in the third degree in violation of section 709.4.
• Lascivious acts with a child in violation of section 709.8, subsection 1, paragraph “a” or “b”.
• Continuous sexual abuse of a child in violation of section 709.23.
• 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 above and can therefore be considered corresponding statutes.

The following definitions are relevant to this crime:

• See Sexual Abuse in the First Degree for the definitions of “sexual abuse” and “serious injury.”
• “Child” is any person under the age of 14 years.
• “Dangerous weapon” is any instrument designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include but are not limited to any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.
• “Death” means the condition determined by the following standard: A person will be considered dead if in the announced opinion of a physician licensed pursuant to chapter 148, a physician assistant licensed pursuant to chapter 148C, or a registered nurse or a licensed practical nurse licensed pursuant to chapter 152, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a person will be considered dead if in the announced opinion of two physicians, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous brain functions. Death will have occurred at the time when the relevant functions ceased.
• “Sex act” or “sexual activity” means any sexual contact between two or more persons by any of the following: (1) penetration of the penis into the vagina or anus; (2) contact between the mouth and genitalia or mouth and anus or by contact between the genitalia of one person and the genitalia or anus of another person; (3) contact between the finger, hand, or other body part of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 151, or 152; (4) ejaculation onto the person of another; (5) by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus; or (6) the touching of a person’s own genitals or anus with a finger, hand, or artificial sexual organ or other similar device at the direction of another person.

• Iowa Code § 702.5
• Iowa Code § 702.7
• Iowa Code § 702.8
• Iowa Code § 702.17
• Iowa Code § 709.1A
• Iowa Code § 709.3
• Sentencing, Iowa Code §§ 902.3, 902.9, 902.14

Performing a sex act under any of the following circumstances: The act is done by force or against the will of the other person, whether or not the other person is the person’s spouse or is cohabiting with the person;

• The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true: other person is suffering from a mental defect or incapacity which precludes giving consent;

• The other person is 14 or 15 years of age and any of the following are true:

1. the person is a member of the same household as the other person;
2. the person is related to the other person by blood or affinity to the fourth degree;
3. the person is in a position of authority over the other person and uses that authority to coerce the other person to submit; or
4. the person is 4 or more years older than the other person.

• The act is performed while the other person is under the influence of a controlled substance, which may include but is not limited to flunitrazepam, and all of the following are true:

• The controlled substance, which may include but is not limited to flunitrazepam, prevents the other person from consenting to the act; and
• the person knows or reasonably should have known that the other person was under the influence of the controlled substance, which may include but is not limited to flunitrazepam; or
• The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless.

• Sexual abuse in the third degree is a Class “C” felony, punishable by an indeterminate term, the maximum of which shall not exceed 10 years, and a fine of at least $1,370 but not more than $13,660.
• See Sexual Abuse in the Second Degree for an enhanced penalty description and Sexual Abuse in the First Degree for a description of a Class “A” felony.

The following definitions are relevant to this crime:

• See Sexual Abuse in the First Degree for the definitions of “sexual abuse” and “incapacitated.”
• See Sexual Abuse in the Second Degree for the definition of “sex act.”

• Iowa Code § 124.101
• Iowa Code §§ 124.203-212
• Iowa Code § 702.6
• Iowa Code § 702.17
• Iowa Code § 709.1
• Iowa Code § 709.1A
• Iowa Code § 709.4
• Sentencing, Iowa Code §§ 902.3, 902.9, 902.14

• Committing an assault with the intent to commit sexual abuse.

Assault with intent to commit sexual abuse is:

• A Class “C” felony, punishable by an indeterminate term, the maximum of which shall not exceed 10 years, and a fine of at least $1,370 but not more than $13,660, if the person causes serious injury to any person;
• A Class “D” felony, punishable by an indeterminate term, the maximum of which shall not exceed 5 years, and a fine of at least $1,025 but not more than $10,245, if the person causes any person a bodily injury other than a serious injury; or
• An aggravated misdemeanor, punishable by imprisonment not to exceed 2 years, and a fine of at least $855 but not more than $8,540, if no injury results.

The following definitions are relevant to this crime:

• See Sexual Abuse in the First Degree for the definition of “sexual abuse.”
• “Assault” means when, without justification, the person does any of the following: any act that is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; any act that is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another; intentionally points a laser emitting a visible light beam at another person with the intent to cause pain or injury to another.

• Iowa Code § 708.1
• Iowa Code § 709.1
• Iowa Code § 709.11
• Sentencing, Iowa Code §§ 902.3, 902.9, 903.1

• Performing, when 16 years of age or older, any of the following acts with a child with or without the child’s consent, unless married to each other, for the purpose of arousing or satisfying the sexual desires of either of them:
  • Fondle or touch the pubes or genitals of the child;
  • Permit or cause the child to fondle or touch the person’s genitals or pubes;
  • Cause the touching of the person’s genitals to any part of the body of the child;
  • Solicit the child to engage in a sex act or solicit a person to arrange a sex act with the child; and/or
  • Inflict pain or discomfort upon the child or permit the child to inflict pain or discomfort on the person.

• Each of the first three acts listed above is a Class “C” felony, punishable by an indeterminate term, the maximum of which shall not exceed 10 years, and a fine of at least $1,370 but not more than $13,660.
• Each of the fourth and fifth acts listed above is a Class “D” felony, punishable by an indeterminate term, the maximum of which shall not exceed 5 years, and a fine of at least $1,025 but not more than $10,245.
• See Sexual Abuse in the Second Degree for an enhanced penalty description and Sexual Abuse in the First Degree for a description of a Class “A” felony.

The following definitions are relevant to this crime:

• See Sexual Abuse in the Second Degree for the definitions of “sex act” and “child.”
• For a discussion of what constitutes “pubes or genitals,” see State v. Alvarado, 875 N.W.2d 713 (S. Ct. Iowa 2016).

• Iowa Code § 702.5
• Iowa Code § 702.17
• Iowa Code § 709.8
• Sentencing, Iowa Code §§ 902.3, 902.9, 902.14

“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Iowa does not expressly penalize statutory rape, sexual abuse in the first, second, and third degrees targets “statutory rape” under certain circumstances.

Statutory rape is sexual abuse in the first degree if, in the course of the commission of the sex act, defendant causes another serious injury.

Statutory rape is sexual abuse in the second degree  if defendant performs any sex act and the victim is a child (i.e., under the age of 14 years).

Statutory rape is sexual abuse in the third degree  if defendant and victim are not cohabiting as husband and wife at the time of the sex act and if any of the following are true:

• The other person is 14 or 15 years of age and any of the following are true:
• the person is a member of the same household as the other person;
• the person is related to the other person by blood or affinity to the fourth degree;
• the person is in a position of authority over the other person and uses that authority to coerce the other person to submit; or
• the person is 4 or more years older than the other person.

• Sexual abuse in the first degree is a Class “A” felony, punishable by imprisonment for the rest of the defendant’s life with no possibility of parole unless the governor commutes the sentence to a term of years if 18 years of age or over or for the rest of the defendant’s life with the possibility of parole after serving a minimum term of confinement as determined by the court or life with the possibility of parole if under the age of 18 years of age.
• Sexual abuse in the first degree is a Class “B” felony, punishable by an indeterminate term, the maximum of which shall not exceed 25 years.
• Sexual abuse in the first degree is a Class “C” felony, punishable by an indeterminate term, the maximum of which shall not exceed 10 years, and a fine of at least $1,370 but not more than $13,660.

The following definitions are relevant to this crime:

• See Sexual Abuse in the First Degree, Sexual Abuse in the Second Degree, and Sexual Abuse in the Third Degree for relevant definitions.

• Iowa Code §§ 709.2 –.4
• Sentencing, Iowa Code §§ 902.1; 902.3; 902.9 

• A person 18 years of age or older, commits any of the following acts with a child, not the person’s spouse, with or without the child’s consent, for the purpose of arousing or satisfying the sexual desires of either of them:
  • Fondle or touch the inner thigh, groin, buttock, anus, or breast of the child.
  • Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast of the child.
  • Solicit or permit a child to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person.
  • Solicit a child to engage in any act prohibited under § 709.8 (lascivious acts with a child), subsection 1, paragraph “a”, “b”, or “e”.
• The provisions of this section also apply to a person 16 or 17 years of age who commits any of the enumerated acts with a child who is at least 5 years the person’s junior.

• Indecent contact with a child is an aggravated misdemeanor, punishable by imprisonment not to exceed 2 years, and a fine of at least $855 but not more than $8,540.

The following definitions are relevant to this crime:

• See Sexual Abuse in the Second Degree for the definition of “child.”

• Iowa Code § 702.5
• Iowa Code § 709.8
• Iowa Code § 709.12
• Sentencing, Iowa Code § 903.1

• Iowa does not penalize sodomy.
• Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas, 539 U.S. 588 (2003).

• N/A

• N/A

• N/A

• A health care professional using or providing a patient with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing in violation of Iowa Code § 714I.3, subsection 2.

• Sexual abuse in the fourth degree is an aggravated misdemeanor, punishable by an indeterminate term, the maximum of which shall not exceed 2 years, and a fine of at least $855 but not more than $8,540; however, if the health care professional uses or provides the health care professional’s own human reproductive material for assisted reproduction in violation of Iowa Code § 714I.3, subsection 2, sexual abuse in the fourth degree is a Class “D” felony, punishable by an indeterminate term, the maximum of which shall not exceed 5 years, and a fine of at least $1,025 but not more than $10,245).

The following definitions are relevant to this crime:

• “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse involving medical or scientific intervention.
• “Health care professional” means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.
• “Human reproductive material” means a human gamete or a human organism at any stage of development from fertilized ovum to embryo.
• “Patient” means a person who has received or is receiving health services from a health care professional.

• Iowa Code § 709.1
• Iowa Code § 709.4A
• Iowa Code § 709.11
• Iowa Code § 714I.2
• Iowa Code § 714I.3
• Sentencing, Iowa Code §§ 902.9, 903.1