§ 709.15

709.15 Sexual exploitation by counselor, therapist, school employee, or adult providing training or instruction. 1. As used in this section:a. 'Adult providing training or instruction' means an adult who is not a school employee who provides paid training or instruction to a minor outside of a school setting. For purposesof this paragraph, 'adult' is a person age eighteen years or older who is four or more yearsolder than the minor receiving training or instruction. b. 'Counselor or therapist' means a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, memberof the clergy, or any other person, whether or not licensed or registered by the state, whoprovides or purports to provide mental health services. c. 'Emotionally dependent' means that the nature of the patient’s or client’s or former patient’s or client’s emotional condition or the nature of the treatment provided by thecounselor or therapist is such that the counselor or therapist knows or has reason to knowthat the patient or client or former patient or client is significantly impaired in the abilityto withhold consent to sexual conduct, as

uch that the counselor or therapist knows or has reason to knowthat the patient or client or former patient or client is significantly impaired in the abilityto withhold consent to sexual conduct, as described in subsection 2, by the counselor ortherapist. For the purposes of subsection 2, a former patient or client is presumed to beemotionally dependent for one year following the termination of the provision of mentalhealth services. d. 'Former patient or client' means a person who received mental health services from the counselor or therapist. e. 'Mental health service' means the treatment, assessment, or counseling of another person for a cognitive, behavioral, emotional, mental, or social dysfunction, including anintrapersonal or interpersonal dysfunction. f. 'Patient or client' means a person who receives mental health services from the counselor or therapist. g. (1) 'School employee' means any of the following, except as provided in subparagraph (2): (a) A person who holds a license, certificate, or statement of professional recognition issued under chapter 256, subchapter VII, part 3.

any of the following, except as provided in subparagraph (2): (a) A person who holds a license, certificate, or statement of professional recognition issued under chapter 256, subchapter VII, part 3. (b) A person who holds an authorization issued under chapter 256, subchapter VII, part 3.(c) A person employed by a school district full-time, part-time, or as a substitute.(d) A person who performs services as a volunteer for a school district and who has direct supervisory authority over the student with whom the person engages in conduct prohibitedunder subsection 3, paragraph 'a'. (e) A person who provides services under a contract for such services to a school district and who has direct supervisory authority over the student with whom the person engages inconduct prohibited under subsection 3, paragraph 'a'. (f) A person employed by a community college full-time, part-time, or as a substitute who provides instruction to high school students under a sharing or concurrent enrollmentprogram offered in accordance with section 257.11 or 261E.8. (2) 'School employee' does not include a student enrolled in the school district.h.

chool students under a sharing or concurrent enrollmentprogram offered in accordance with section 257.11 or 261E.8. (2) 'School employee' does not include a student enrolled in the school district.h. 'Student' means a person who is currently enrolled in or attending a public or nonpublic elementary or secondary school, or who was a student enrolled in or who attendeda public or nonpublic elementary or secondary school within thirty days of any violation ofsubsection 3. 2. a. Sexual exploitation by a counselor or therapist occurs when any of the following are found: (1) A pattern or practice or scheme of conduct to engage in any of the conduct described in subparagraph (2) or (3). (2) Any sexual conduct with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexualdesires of the counselor or therapist or the emotionally dependent patient or client oremotionally dependent former patient or client. Sexual conduct includes but is not limitedto the following: Sat Dec 23 12:28:31 2023 Iowa Code 2024, Section 709.15 (34, 2) §709.15, SEXUAL ABUSE 2 (a) Kissing.(b) Touching of the clothed or unclothed

exual conduct includes but is not limitedto the following: Sat Dec 23 12:28:31 2023 Iowa Code 2024, Section 709.15 (34, 2) §709.15, SEXUAL ABUSE 2 (a) Kissing.(b) Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals. (c) A sex act as defined in section 702.17.(3) Any sexual conduct with a patient or client or former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist forthe purpose of arousing or satisfying the sexual desires of the counselor or therapist or thepatient or client or former patient or client. Sexual conduct includes but is not limited to thefollowing: (a) Kissing.(b) Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals. (c) A sex act as defined in section 702.17.b. Sexual exploitation by a counselor or therapist does not include touching which is part of a necessary examination or treatment provided a patient or client by a counselor ortherapist acting within the scope of the practice or employment in which the counselor ortherapist is engaged. 3. a.

a necessary examination or treatment provided a patient or client by a counselor ortherapist acting within the scope of the practice or employment in which the counselor ortherapist is engaged. 3. a. Sexual exploitation by a school employee occurs when any of the following are found: (1) A pattern or practice or scheme of conduct to engage in any of the conduct described in subparagraph (2). (2) Any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the school employee or the student. Sexual conduct includes but is not limited tothe following: (a) Kissing.(b) Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals. (c) A sex act as defined in section 702.17.b. Sexual exploitation by a school employee does not include touching that is necessary in the performance of the school employee’s duties while acting within the scope of employment. c. The provisions of this subsection do not apply to a person who is employed by a school district attendance center if the student with whom the person engages in conduct prohibitedunder subsection 3, paragraph 'a', is not enrolled in the same school district

who is employed by a school district attendance center if the student with whom the person engages in conduct prohibitedunder subsection 3, paragraph 'a', is not enrolled in the same school district attendancecenter that employs the person, the person does not have direct supervisory authority overthe student, and the person does not meet the requirements of subsection 1, paragraph 'g',subparagraph (1), subparagraph division (a). 4. a. Sexual exploitation by an adult providing training or instruction occurs when any of the following are found: (1) A pattern or practice or scheme of conduct to engage in any of the conduct described in subparagraph (2). (2) Any sexual conduct with a minor for the purpose of arousing or satisfying the sexual desires of the adult providing training or instruction or of the minor. Sexual conduct includesbut is not limited to the following: (a) Kissing.(b) Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals. (c) A sex act as defined in section 702.17.b. Sexual exploitation by an adult providing training or instruction does not include touching that is necessary in the performance of the adult’s duties

s. (c) A sex act as defined in section 702.17.b. Sexual exploitation by an adult providing training or instruction does not include touching that is necessary in the performance of the adult’s duties while providing trainingor instruction. c. This subsection only applies to an offense under paragraph 'a', subparagraph (1), which occurs within the period of time the adult providing training or instruction is receivingpayment for the training or instruction and to an offense under paragraph 'a', subparagraph(2), which occurs within the period of time the adult providing training or instruction isreceiving payment for the training or instruction or within thirty days after any such periodof training or instruction. Sat Dec 23 12:28:31 2023 Iowa Code 2024, Section 709.15 (34, 2) 5. a. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph 'a', subparagraph (1), commits a class 'D' felony. b. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph 'a', subparagraph (2), commits an aggravated misdemeanor. c. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph

n in violation of subsection 2, paragraph 'a', subparagraph (2), commits an aggravated misdemeanor. c. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph 'a', subparagraph (3), commits a serious misdemeanor. In lieu of the sentenceprovided for under section 903.1, subsection 1, paragraph 'b', the offender may be requiredto attend a sexual abuser treatment program. 6. a. A school employee who commits sexual exploitation in violation of subsection 3, paragraph 'a', subparagraph (1), commits a class 'D' felony. b. A school employee who commits sexual exploitation in violation of subsection 3, paragraph 'a', subparagraph (2), commits an aggravated misdemeanor. 7. a. An adult providing training or instruction who commits sexual exploitation in violation of subsection 4, paragraph 'a', subparagraph (1), commits a class 'D' felony. b. An adult providing training or instruction who commits sexual exploitation in violation of subsection 4, paragraph 'a', subparagraph (2), commits an aggravated misdemeanor. 91 Acts, ch 130, §2; 92 Acts, ch 1163, §119; 92 Acts, ch 1199, §2 – 6; 2003 Acts, ch 180, §65; 2004 Acts, ch 1086, §102; 2013 Acts, ch 90,

ph 'a', subparagraph (2), commits an aggravated misdemeanor. 91 Acts, ch 130, §2; 92 Acts, ch 1163, §119; 92 Acts, ch 1199, §2 – 6; 2003 Acts, ch 180, §65; 2004 Acts, ch 1086, §102; 2013 Acts, ch 90, §230; 2014 Acts, ch 1114, §1, 2; 2016 Acts, ch 1066,§6; 2017 Acts, ch 127, §1, 2; 2019 Acts, ch 59, §225, 226; 2019 Acts, ch 164, §9; 2020 Acts, ch1063, §374; 2021 Acts, ch 102, §5 – 7; 2022 Acts, ch 1032, §102; 2023 Acts, ch 19, §2601 Referred to in §256.146, 614.1, 622.31B, 692A.102, 702.11, 709.19, 802.2A, 903B.10Sentencing restrictions for forcible felonies and mandatory reporters of child abuse, see §907.3Subsection 1, paragraph g, subparagraph (1), subparagraph divisions (a) and (b) amended Sat Dec 23 12:28:31 2023 Iowa Code 2024, Section 709.15 (34, 2)