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:
a. 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.
b. The other person is a child.
c. The person 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.
2. Sexual abuse in the second degree is a class “B” felony.
[C51, §2581; R60, §4204; C73, §3861; C97, §4756; C24, 27, 31, 35, 39, §12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §698.1; C79, 81, §709.3]
84 Acts, ch 1188, §2; 99 Acts, ch 159, §3; 2013 Acts, ch 90, §228; 2021 Acts, ch 37, §3
Referred to in §321.375, 664A.2, 692A.101, 692A.102, 709.19, 709.23, 901A.2, 902.12, 902.14, 903B.10, 906.15
Definition of child, §702.5
Definition of forcible felony, §702.11
Definition of sex act, §702.17
Sentencing restrictions for forcible felonies and mandatory reporters of child abuse, see §907.3
Subsection 1, paragraph b amended
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.