709.23 Continuous sexual abuse of a child.
1. A person eighteen years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse in violation of section 709.3 or 709.4, with the same child, and at least thirty days have elapsed between the first and last acts of sexual abuse.
2. A person who commits continuous sexual abuse of a child is, upon conviction, guilty of a class “B” felony. Notwithstanding section 902.9, subsection 1, paragraph “b”, a person convicted of a violation of this section involving any combination of three or more acts of sexual abuse that includes a violation of section 709.3 or 709.4 shall be confined for no more than fifty years.
3. If a jury is the trier of fact, members of the jury must unanimously agree that three or more acts of sexual abuse in violation of section 709.3 or 709.4 were committed with the same child and at least thirty days have elapsed between the first and last acts of sexual abuse. The jury does not need to unanimously agree which specific acts were committed or the exact date when those acts were committed.
4. Any other sexual abuse offense involving the same child shall not be charged in the same proceeding as a charge under this section unless the other sexual abuse offense occurred outside of the time period charged under this section or the other sexual abuse offense is charged in the alternative.
5. A person shall be charged with only one count under this section unless more than one child is involved in the offense. If more than one child is involved, a separate count may be charged for each child.
6. Each act of sexual abuse committed under section 709.3 or 709.4 shall be considered a lesser included offense to the crime of continuous sexual abuse of a child under this section.
2020 Acts, ch 1115, §4; 2020 Acts, ch 1121, §67, 70
Referred to in §692A.101, 692A.102, 902.14, 903B.10
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Section 709.1 - Sexual abuse defined.
Section 709.1A - Incapacitation.
Section 709.2 - Sexual abuse in the first degree.
Section 709.3 - Sexual abuse in the second degree.
Section 709.4 - Sexual abuse in the third degree.
Section 709.5 - Resistance to sexual abuse.
Section 709.6 - Jury instructions for offenses of sexual abuse.
Section 709.7 - Detention in brothel.
Section 709.8 - Lascivious acts with a child.
Section 709.9 - Indecent exposure — masturbation.
Section 709.10 - Sexual abuse — evidence.
Section 709.11 - Assault with intent to commit sexual abuse.
Section 709.12 - Indecent contact with a child.
Section 709.13 - Child in need of assistance complaints.
Section 709.14 - Lascivious conduct with a minor.
Section 709.15 - Sexual exploitation by a counselor, therapist, or school employee.
Section 709.16 - Sexual misconduct with offenders and juveniles.
Section 709.17 - Polygraph examinations of victims or witnesses — limitations.
Section 709.18 - Sexual abuse of a corpse.
Section 709.19 - No-contact order upon defendant’s release from jail or prison.
Section 709.20 - Sexual abuse — no-contact order.
Section 709.21 - Invasion of privacy — nudity.
Section 709.22 - Prevention of further sexual assault — notification of rights.