Iowa Sexual Abuse Laws and Penalties

In Iowa, a person commits the crime of sexual abuse by engaging in a sexual act by force, against the victim's will, or with a victim who can't give consent. Sexual abuse convictions carry serious felony penalties.

Understanding Iowa's Sexual Abuse Crimes

Iowa doesn't use the term "rape" in its criminal code—instead, the law refers to "sexual abuse."

What Is Sexual Abuse?

Iowa law defines sexual abuse as any "sex act" committed against another by force, against the victim's will, or when the victim is unable to give legal consent. Those who cannot give legal consent include victims who are:

• threatened or coerced to acquiesce
• unconscious
• under the influence of a drugged-induced sleep
• younger than 14, or
• mentally incapable of giving informed consent.

A victim does not need to physically resist to prove the sex act was against their will or by force.

What Is a Sex Act?

A "sex act" includes:

• vaginal, oral, or anal sex
• contact between the mouth, finger, hand, or other body part of one person and the genitalia or anus of another
• contact with another's genitalia or anus by use of an artificial sex organ or substitute (such as object penetration), or
• ejaculation onto another person.

It also includes directing another person to touch their own genitals or anus.

Only contact that is sexual in nature is considered a "sex act." (Other types of genital or anal contact may be considered assault depending on the circumstances.)

(Iowa Code §§ 702.5, 702.17, 709.1, 709.5 (2024); State v. Monk, 514 N.W.2d 448 (1994).)

What Are the Penalties for Sexual Abuse Crimes in Iowa?

Iowa divides sexual abuse crimes into three degrees, with first degree being the most serious and third degree the least. All three categories carry felony penalties. Another related felony discussed below is assault with intent to commit sexual abuse.

Sexual Abuse in the First Degree

A defendant who sexually abuses another and causes serious injury commits first-degree sexual abuse. A conviction carries class A felony penalties of up to life imprisonment.

The law defines "serious injuries" as those that create a risk of death, cause serious permanent disfigurement, result in a prolonged loss or impairment of a body part or organ, or cause a disabling mental illness. Examples of serious injuries can include broken bones, damage to internal organs, serious concussions, or PTSD. Any injury to a child requiring surgery and general anesthesia is also a serious injury.

(Iowa Code §§ 702.18, 709.2 902.1(2024).)

Sexual Abuse in the Second Degree

Sexual abuse in the second degree involves any of the following circumstances:

• a defendant who uses or threatens to use force that creates a risk of death or serious injury to any person
• a defendant who displays a weapon in a threatening manner
• a victim younger than 14, or
• a defendant who's aided by one or more persons, and the act is committed by force or against the victim's will.

A defendant convicted of second-degree sexual abuse faces class B felony penalties of up to 25 years in prison.

(Iowa Code §§ 709.3, 902.9 (2024).)

Sexual Abuse in the Third Degree

Sexual abuse in the third degree encompasses several crimes.

It's third-degree sexual abuse to engage in a sex act:

• by use of force or against the will of the victim
• knowing the victim is under the influence of drugs (including Rohypnol)
• when the victim is mentally or physically incapacitated or helpless, or
• when the victim suffers from a mental defect.

A defendant also commits third-degree sexual abuse by engaging in a sex act with a person who is 14 or 15 and:

• the parties are members of the same household
• the parties are related by blood or marriage to the fourth degree
• the defendant holds a position of authority over the victim, or
• the defendant is at least four years older.

These acts are class C felonies, punishable by up to 10 years of prison time.

(Iowa Code §§ 709.4, 902.9 (2024).)

Assault With Intent to Commit Sexual Abuse

A defendant who assaults another with the intent to commit sexual abuse can also face felony penalties. The penalty depends on the level of harm suffered by the victim. It's a class C felony when serious injuries result and a class D felony if the victim suffers bodily injuries. A class C felony can mean up to 10 years of prison time and a class D felony carries up to 5 years of incarceration.

(Iowa Code §§ 709.11, 902.9 (2024).)

Additional Consequences of a Sexual Abuse Conviction in Iowa

A defendant convicted of sexual abuse can face harsh enhancements, mandatory minimums, and sex offender registration in Iowa.

Mandatory Minimums and Enhanced Sentences

Iowa sentencing laws impose mandatory minimum sentences for anyone convicted of second-degree sexual abuse or anyone convicted of a felony who has a prior conviction for sexual abuse (that's considered a forcible felony).

The state also has enhanced penalties for persons convicted of repeat sexual abuse or lascivious acts with a child. Under this enhancement, a repeat child sex offender faces a life sentence.

(Iowa Code §§ 902.7, 902.8, 902.11, 902.14 (2024).)

Sex Offender Registration

People who are convicted of sexual abuse in Iowa are required to register as sex offenders. People who are convicted of aggravated sexual abuse or sexual abuse by force or against the victim's will are required to register for life. Most other sex offenders are required to register for 10 years (repeat offenders may have to register for life).

(Iowa Code §§ 692A.101, 692A.102, 692A.103, 692A.106 (2024).)

Obtaining Legal Assistance

If you're charged with a sex crime in Iowa, contact a local criminal defense attorney. A conviction for sexual abuse can have serious and lasting ramifications, including time in prison and lifetime sex offender registration. An attorney can explain the legal process and help you present the strongest defense.