Iowa 2023-2024 Regular Session

Iowa House Bill HSB75

Introduced
1/20/23  
Introduced
1/20/23  

Caption

A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(See HF 176.)

Impact

By redefining the legal framework around continuous sexual abuse of minors, HSB75 strengthens the penalties applicable to offenders. Current laws were previously focused on specific degrees of sexual abuse. This bill modifies the approach by broadening the criteria for conviction, thus potentially increasing the conviction rates for perpetrators of serial sexual offenses against children. Furthermore, it introduces a mandatory minimum incarceration requirement, denying parole or work release until offenders have served a substantial portion of their sentences. The implications of such regulations are significant for both the legal community and child protection advocates.

Summary

House Study Bill 75 addresses the issue of continuous sexual abuse of a child by outlining specific legal definitions and penalties associated with this crime. The bill stipulates that a person aged eighteen or older commits continuous sexual abuse if they engage in three or more acts of sexual abuse with the same child, with at least thirty days between the first and last acts. This bill introduces a class B felony designation for such offenses, punishable by confinement of up to fifty years. Additionally, it clarifies that the jury does not need to agree on the specific acts committed or the dates they occurred, only that the criteria for continuous sexual abuse are met.

Contention

Debate surrounding HSB75 may arise regarding the balance between rigorous enforcement of child protection laws and the rights of the accused. Proponents of the bill argue that it takes necessary steps to safeguard children and ensure that offenders face severe consequences for repeated abuse. Critics, however, may voice concerns over the potential for wrongful convictions without the requirement for juries to pinpoint specific acts or dates. This critical perspective emphasizes the importance of due process rights and could spark discussions on how to effectively protect victims while maintaining fair legal standards for defendants.

Companion Bills

IA SSB1048

Related A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(See SF 229.)

IA HF176

Replaced by A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable. (Formerly HSB 75.) Effective date: 07/01/2023.

IA SF229

Replaced by A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(Formerly SSB 1048.)

Previously Filed As

IA SSB1048

A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(See SF 229.)

IA SF229

A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(Formerly SSB 1048.)

IA HF176

A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable. (Formerly HSB 75.) Effective date: 07/01/2023.

IA SF14

A bill for an act creating a capital murder offense by establishing the penalty of death for murder in the first degree offenses involving kidnapping and sexual abuse offenses against the same victim who is a minor, providing penalties, and including effective date and applicability provisions.(See SF 357.)

IA SF357

A bill for an act creating a capital murder offense by establishing the penalty of death for murder in the first degree offenses involving kidnapping and sexual abuse offenses against the same victim who is a minor, providing penalties, and including effective date and applicability provisions.(Formerly SF 14.)

IA SF221

A bill for an act relating to sexual exploitation of a minor, and making penalties applicable.(See SF 470.)

IA SF470

A bill for an act relating to sexual exploitation of a minor, and making penalties applicable.(Formerly SF 221.)

IA HSB80

A bill for an act relating to midwife licensure, providing for fees, and making penalties applicable.(See HF 265.)

IA HF321

A bill for an act relating to sexual exploitation of a minor and providing penalties.(See HF 646.)

IA HF686

A bill for an act relating to public disclosures of certain information in the child abuse registry relating to founded reports of child abuse involving sexual abuse.

Similar Bills

No similar bills found.