Chapter 709 - Sexual Abuse

Question 1

709.1 - Sexual Abuse Defined

Any sex act between persons is sexual abuse when the act is performed with the other person in any of the following circumstances:

Answer 1

1. The act is done by force/against the will of the other. If consent/acquiescence is procured by threats of violence or the act is done while the other is under the influence of a drug inducing sleep/unconsciousness, the act is done against the will of the other.
2. Such other person is suffering a mental defect or incapacity which precludes giving consent, or lacks mental capacity to know right and wrong in sexual matters
3. Such other person is a child.

Question 2

709.1, subsection 1

What does “mentally incapacitated” mean?

Answer 2

“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.”

Question 3

709.1, subsection 2

What does “physically helpless” mean?

Answer 3

“A person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or otherwise physically limited.”

Question 4

709.1, subsection 3

What does “physically incapacitated” mean?

Answer 4

“A person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.”

Question 5

709.2 - Sexual Abuse in the First Degree

1. A person commits sexual abuse in the first degree when in the course of committing sexual abuse the person causes another serious injury.

What level of offense does a person commit when guilty of sexual abuse in the first degree?

Answer 5

709.2, subsection 2

Class A Felony

Question 6

709.3 - Sexual Abuse in the Second Degree

1. A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:

Answer 6

a. During the commission or sexual abuse the person displays in a threatening manner a dangerous weapon, or uses/threatens to use force creating a substantial risk of death/serious injury to any person.

b. The other person is a child.

c. The person is aided or abetted by 1+ persons and the sex act is committed by force or against the will of the other person.

Question 7

709.3, subsection 2

Sexual abuse in the second degree is what level of offense?

Answer 7

Class B Felony

Question 8

709.4: Sexual Abuse in the Third Degree

1. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:

Answer 8

a. 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 cohabiting with the person.

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

2. The other person is 14 or 15 and any of the following are true:
   (a) the person is a member of the same household as the other person
   (b) the person is related by blood or affinity to the 4th degree
   (c) the person is in a position of authority over the person and uses that authority to coerce the other person to submit
   (d) the person is four or more years older than the other person

c. 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 the following are true:
1. The controlled substance prevents the other person from consenting to the act
2. The person performing the act knows/reasonably should have known the other person was under the influence of a controlled substance

d. The act is performed while the other person is incapacitated/asleep/physically helpless.

Question 9

709.4, subsection 2

Sexual abuse in the third degree is what level of offense?

Answer 9

Class C Felony

Question 10

709.4A - Sexual Abuse in the Fourth Degree - Healthcare Professionals

1. A healthcare professional commits sexual abuse in the fourth degree when the healthcare pro uses/provides patients with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing.

What level of offense is sexual abuse in the fourth degree?

Answer 10

709.4A, subsection 2

2. Aggravated Misdemeanor

Question 11

709.4A, subsection 3

3. a. Sexual abuse in the fourth degree is what level of felony if the healthcare pro uses/provides the healthcare pro’s own human reproductive material for assisted reproduction

Answer 11

Class D Felony

Question 12

709.8 - Lascivious Acts with a Child

1. It is unlawful for any person 16+ to perform any of the following acts with a child with or without child’s consent unless married to each other, for the purpose of arousing/satisfying sexual desires of either of them:

Answer 12

a. Fondle or touch the pubes or genitals of a child
b. Permit or cause a child to fondle or touch the person’s genitals/pubes
c. Cause the touching of the person’s genitals to any part of the body of a child.
d. Solicit a child to engage in a sec act or solicit a person to arrange a sex act with a child.
e. Inflict pain or discomfort upon a child or permit a child to inflict pain or discomfort on the person.

2. a. Any person who violates a-c above commits a Class C Felony.
3. b. Any person who violates d or e above commits a Class D Felony.

Question 13

709.9 - Indecent Exposure - Masturbation

1. A person who exposes the person’s genitals or pubic area to another not the person’s spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor if all the following apply:

Answer 13

a. The person does so to arouse or satisfy the sexual desires of either party.
b. The person knows/reasonably should know that the act is offensive to the viewer.

Question 14

709.9 - Indecent Exposure - Masturbation

2. a. A person who masturbates in public in the presence of another, not a child, commits what level of offense?

Answer 14

Serious Misdemeanor

Question 15

709.9 - Indecent Exposure - Masturbation

2. b. A person who masturbates in public in the presence of a child commits what level of offense?

Answer 15

Aggravated Misdemeanor

Question 16

709.10 Sexual Abuse - Evidence

5. The LE agency collecting the evidence shall obtain the sexual assault kit from a healthcare provider and properly store the kit to ensure the chain of custody is complete and sufficient. The LE agency shall document receipt of the kit from the HC provider in the kit tracking system within how much time?

Answer 16

Within 72 hours of obtaining the kit

Question 17

709.10 - Sexual Abuse - Evidence

6. The law enforcement agency shall store sex assault kits in a clean, dry location for how long?

Answer 17

“A minimum of 15 years, or in the case of a minor victim for a minimum of 15 years after the minor reaches age of majority, even if the reported victim has not filed a criminal complaint.”

Question 18

709.11 - Assault with intent to commit sexual abuse

Any person who commits an assault with the intent to commit sexual abuse and causes a serious injury to any person commits what level of offense?

Answer 18

Class C Felony

Question 19

709.11 - Assault with the intent to commit sexual abuse

Any person who commits an assault with the intent to commit sexual abuse and causes any person a bodily injury other than a serious injury commits what level of offense?

Answer 19

Class D Felony

Question 20

709.12 - Indecent Contact with a Child

1. A person 18+ is upon conviction guilty of what level of offense if the person 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:
   a. Fondle or touch the inner thigh, groin, buttock, anus, or breast of the child
   b. Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast or the child
   c. Solicit or permit a child to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person

Answer 20

Aggravated Misdemeanor

Question 21

709.14 - Lascivious Conduct with a Minor

It is unlawful for a person 18+ in a position of authority over a minor to force/persuade/coerce that minor, with or without consent, to disrobe or partially disrobe to arouse/satisfy the sexual desires of either of them.

A violation of this subsection is what level of offense?

Answer 21

Serious Misdemeanor

Minor means someone 14-15 years old.

Question 22

709.14 - Lascivious Conduct with a Minor

3. a. It is unlawful for anyone 18+ in a position of authority over a minor to perform any of the following acts with that minor, with or without consent, to arouse/satisfy the sexual desires of either person:
4. Fondle/touch the inner thigh, groin, buttock, anus, or breast of the minor.
5. Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus or breast of the minor.
6. Solicit or permit the minor to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person.

A violation of this section is what level of offense?

Answer 22

Serious Misdemeanor

Question 23

709.14 - Lascivious Conduct with a Minor

4. a. It is unlawful for a person 18+ in a position of authority over a minor to perform any of the following acts with that minor, with or without consent, to arouse/satisfy the sexual desires of either:
5. Fondle or touch the pubes/genitals of the minor
6. Permit or cause the minor to touch the person’s genitals/pubes
7. Cause the touching of the person’s genitals to any part of the body of the minor.
8. Solicit the minor to engage in a sex act or solicit a person to arrange a sex act with the minor.
9. Inflict pain/discomfort upon the minor or permit the minor to inflict pain/discomfort on the person.

A violation of this subsection is what level of offense?

Answer 23

Aggravated Misdemeanor

Question 24

709.15 - Sexual Exploitation by counselor, therapist, school employee, or adult providing training/instruction.

2. a. Sexual exploitation by a counselor/therapist occurs when any of the following are found:

Answer 24

1. A pattern/practice/scheme of conduct to engage in any of the conduct described in 2 or 3 below.
2. Any sexual contact with an emotionally dependent patient/client or emotionally dependent former patient/client to arouse/satisfy the sexual desires of the counselor/therapist or the emotionally dependent former patient or client. Sexual conduct includes but is not limited to:
   a. Kissing
   b. Touching the clothed/unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals.
   c. A sex act
3. Same as #2 within one year of the termination of the provision of mental health services by the counselor/therapist.

Question 25

709.15 - Sexual Exploitation by counselor/therapist/school employee/adult providing training or instruction. 3. a. Sexual exploitation by a school employee occurs when any of the following are found:

Answer 25

1. A pattern/practice/scheme of conduct to engage in any of the conduct described in 2 or 3 below. 2. Any sexual contact with an emotionally dependent patient/client or emotionally dependent former patient/client to arouse/satisfy the sexual desires of the counselor/therapist or the emotionally dependent former patient or client. Sexual conduct includes but is not limited to: a. Kissing b. Touching the clothed/unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals. c. A sex act

Question 26

709.15 - Sexual Exploitation by Counselor/Therapist/School Employee/Adult Providing Training or Instruction 4. a. Sexual exploitation by an adult providing training/instruction occurs when any of the following are found:

Answer 26

1. A pattern/practice/scheme of conduct to engage in any of the conduct described in 2 or 3 below. 2. Any sexual contact with an emotionally dependent patient/client or emotionally dependent former patient/client to arouse/satisfy the sexual desires of the counselor/therapist or the emotionally dependent former patient or client. Sexual conduct includes but is not limited to: a. Kissing b. Touching the clothed/unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals. c. A sex act

Question 27

709.15 - Sexual exploitation by counselor/therapist/school employee/adult providing training or instruction 5. a. A counselor/therapist who commits sexual exploitation through a pattern/practice/scheme to engage in any sex acts commits what level of offense?

Answer 27

Class D Felony

Question 28

709.16 - Sexual Misconduct with offenders and juveniles 1. Any peace officer, DOC staff, or other LE-affiliated people who engage in a sex act with an individual committed to their custody commits what level of offense?

Answer 28

Aggravated Misdemeanor

Question 29

709.16 2. a. Any LE affiliated person who engages in a sex act with a juvenile placed at such facility commits what level of offense?

Answer 29

Aggravated Misdemeanor

Question 30

709.16 3. Any LE affiliated person who engages in a sex act with a prisoner incarcerated in a county jail commits what level of offense?

Answer 30

Aggravated Misdemeanor

Question 31

709.18 - Sexual Abuse of a Corpse A person who knowingly and intentionally engages in a sex act with a human corpse commits what level of offense?

Answer 31

Class D Felony

Question 32

709.21 - Invasion of Privacy - Nudity 1. A person who knowingly views/photographs/films another person to arouse/gratify the sexual desire of any person commits invasion of privacy if all the following apply:

Answer 32

a. The other person does not consent to being viewed/photographed/filmed b. The other person is partially/fully nude c. The other person has a reasonable expectation of privacy while in a state of full/partial nudity

Question 33

709.22 - Prevention of Further Sexual Assault 1. If a peace officer has reason to believe a sexual assault has occurred, the officer shall use all reasonable means to prevent further violence including, but not limited to the following:

Answer 33

a. If requested, remaining on the scene of the alleged sexual assault as long as there is danger to the victim’s physical safety w/o the presence of LE, including but not limited to staying in the building/residence when it is the scene of the alleged sexual assault, or assisting the victim in leaving the scene. b. Assisting a victim in obtaining med. treatment necessitated by sex assault, including providing assistance in obtaining transport to nearest ER c. Providing a victim with immediate and adequate notice of victim’s rights.

Question 34

709.22 c. Providing a victim with immediate and adequate notice of the victim’s rights. The notice shall consist of handing the victim a document with shelters, support groups, and crisis line phone numbers and contains the following rights in English and Spanish; asking the victim to read the document and confirm they understand. What are the rights?

Answer 34

1. You have the right to ask the court for help with any of the following on a temp. basis a. Keeping attacker away from you, your home, your job b. The right to stay at home w/o interference from attacker c. The right to seek a no-contact order 2. The right to register as a victim with co. attorney 3. Right to file a complaint for threats/assaults/related crimes 4. Right to seek restitution from attacker for harm to you or your property 5. Right to apply for victim compensation 6. Right to contact co. attorney or LE to determine status of your case 7. If you’re in need of med. treatment, the right to request the officer present assists you in obtaining transport to nearest hospital or otherwise assist you 8. Right to sexual assault exam performed at state expense 9. Right to request presence of a victim counselor at any proceeding related to an assault, include med. exams 10. If you believe LE protection is needed for your physical safety, the right to request the officer remains on-scene until safety is ensured.

Question 35

709.23 - Continuous Sexual Abuse of a Child 1. A person 18+ commits continuous sexual abuse of a child when the person engages in any combo of 3+ acts of sexual abuse with the same child on what timeline?

Answer 35

If at least 30 days have elapsed between the first and last acts of sexual abuse.

Question 36

709.23 2. A person who commits continuous sexual abuse of a child is guilty of what level of offense?

Answer 36

Class B Felony, with confinement of no more than 50 years