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IOWA STATE DEFINITIONS
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692A.102 SEX OFFENSE CLASSIFICATIONS.
1. For purposes of this chapter, all individuals required to
register shall be classified as a tier I, tier II, or tier III
offender. For purposes of this chapter, sex offenses are classified
into the following tiers:
a. Tier I offenses include a conviction for the following sex
offenses:
(1) Sexual abuse in the second degree in violation of section
709.3, subsection 2, if committed by a person under the age of
fourteen.
(2) Sexual abuse in the third degree in violation of section
709.4, subsection 1, 3, or 4, if committed by a person under the age
of fourteen.
(3) Sexual abuse in the third degree in violation of section
709.4, subsection 2, paragraph "a" or "b", if committed by a
person under the age of fourteen.
(4) Sexual abuse in the third degree in violation of section
709.4, subsection 2, paragraph "c".
(5) Indecent exposure in violation of section 709.9.
(6) Harassment in violation of section 708.7, subsection 1, 2, or
3, if a determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(7) Stalking in violation of section 708.11, except a violation
of subsection 3, paragraph "b", subparagraph (3), if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(8) (a) Dissemination or exhibition of obscene material to minors
in violation of section 728.2 or telephone dissemination of obscene
material to minors in violation of 728.15.
(b) Rental or sale of hard-core pornography, if delivery is to a
minor, in violation of section 728.4.
(9) Admitting minors to premises where obscene material is
exhibited in violation of section 728.3.
(10) Receipt or possession of child pornography in violation of
18 U.S.C. 2252.
(11) Material containing child pornography in violation of 18
U.S.C. 2252A.
(12) Misleading domain names on the internet in violation of 18
U.S.C. 2252B.
(13) Misleading words or digital images on the internet in
violation of section 18 U.S.C. 2252C.
(14) Failure to file a factual statement about an alien
individual in violation of 18 U.S.C. 2424.
(15) Transmitting information about a minor to further criminal
sexual conduct in violation of 18 U.S.C. 2425.
(16) Any sex offense specified in the laws of another
jurisdiction or any sex offense that may be prosecuted in federal,
military, or foreign court, that is comparable to an offense listed
in subparagraphs (1) through (15).
(17) Any sex offense under the prior laws of this state or
another jurisdiction, or any sex offense under prior law that was
prosecuted in a federal, military, or foreign court, that is
comparable to an offense listed in subparagraphs (1) through (15).
b. Tier II offenses include a conviction for the following
sex offenses:
(1) Detention in brothel in violation of section 709.7.
(2) Lascivious acts with a child in violation of section 709.8,
subsection 3 or 4.
(3) Solicitation of a minor to engage in an illegal sex act in
violation of section 705.1.
(4) Solicitation of a minor to engage in an illegal act under
section 709.8, subsection 3, in violation of section 705.1.
(5) Solicitation of a minor to engage in an illegal act under
section 709.12, in violation of section 705.1.
(6) False imprisonment of a minor in violation of section 710.7,
except if committed by a parent.
(7) Assault with intent to commit sexual abuse if no injury
results in violation of section 709.11.
(8) Invasion of privacy-nudity in violation of section 709.21.
(9) Stalking in violation of section 708.11, subsection 3,
paragraph "b", subparagraph (3), if a determination is made that
the offense was sexually motivated pursuant to section 692A.126.
(10) Indecent contact with a child in violation of section
709.12, if the child is thirteen years of age.
(11) Lascivious conduct with a minor in violation of section
709.14.
(12) Sexual exploitation by a counselor, therapist, or school
employee in violation of section 709.15, if the victim is thirteen
years of age or older.
(13) Sexual misconduct with offenders and juveniles in violation
of section 709.16, if the victim is thirteen years of age or older.
(14) Kidnapping of a person who is not a minor in violation of
section 710.2, 710.3, or 710.4, if a determination is made that the
offense was sexually motivated pursuant to section 692A.126.
(15) Solicitation of a minor to engage in an illegal act under
section 725.3, subsection 2, in violation of section 705.1.
(16) Incest committed against a dependent adult as defined in
section 235B.2 in violation of section 726.2.
(17) Incest committed against a minor in violation of section
726.2.
(18) Sexual exploitation of a minor in violation of section
728.12, subsection 2 or 3.
(19) Material involving the sexual exploitation of a minor in
violation of 18 U.S.C. 2252(a), except receipt or possession of
child pornography.
(20) Production of sexually explicit depictions of a minor for
import into the United States in violation of 18 U.S.C. 2260.
(21) Transportation of a minor for illegal sexual activity in
violation of 18 U.S.C. 2421.
(22) Coercion and enticement of a minor for illegal sexual
activity in violation of 18 U.S.C. 2422(a) or (b).
(23) Transportation of minors for illegal sexual activity in
violation of 18 U.S.C. 2423(a).
(24) Travel with the intent to engage in illegal sexual conduct
with a minor in violation of 18 U.S.C. 2423.
(25) Engaging in illicit sexual conduct in foreign places in
violation of 18 U.S.C. 2423(c).
(26) Video voyeurism of a minor in violation of 18 U.S.C. 1801.
(27) Any sex offense specified in the laws of another
jurisdiction or any offense that may be prosecuted in a federal,
military, or foreign court, that is comparable to an offense listed
in subparagraphs (1) through (26).
(28) Any sex offense under the prior laws of this state or
another jurisdiction, or any sex offense under prior law that was
prosecuted in a federal, military, or foreign court, that is
comparable to a sex offense listed in subparagraphs (1) through (26).
c. Tier III offenses include a conviction for the following
sex offenses:
(1) Murder in violation of section 707.2 or 707.3 if sexual abuse
as defined in section 709.1 is committed during the commission of the
offense.
(2) Murder in violation of section 707.2 or 707.3, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(3) Voluntary manslaughter in violation of section 707.4, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(4) Involuntary manslaughter in violation of section 707.5, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(5) Attempt to commit murder in violation of section 707.11, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(6) Sexual abuse in the first degree in violation of section
709.2.
(7) Sexual abuse in the second degree in violation of section
709.3, subsection 1 or 3.
(8) Sexual abuse in the second degree in violation of section
709.3, subsection 2, if committed by a person fourteen years of age
or older.
(9) Sexual abuse in the third degree in violation of section
709.4, subsection 1, 3, or 4, if committed by a person fourteen years
of age or older.
(10) Sexual abuse in the third degree in violation of section
709.4, subsection 2, paragraph "a" or "b", if committed by a
person fourteen years of age or older.
(11) Lascivious acts with a child in violation of section 709.8,
subsection 1 or 2.
(12) Kidnapping in violation of section 710.2 if sexual abuse as
defined in section 709.1 is committed during the commission of the
offense.
(13) Kidnapping of a minor in violation of section 710.2, 710.3,
or 710.4, if a determination is made that the offense was sexually
motivated pursuant to section 692A.126.
(14) Assault with intent to commit sexual abuse resulting in
serious or bodily injury in violation of section 709.11.
(15) Burglary in the first degree in violation of section 713.3,
subsection 1, paragraph "d".
(16) Any other burglary in the first degree offense in violation
of section 713.3 that is not included in subparagraph (15), if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(17) Attempted burglary in the first degree in violation of
section 713.4, if a determination is made that the offense was
sexually motivated pursuant to section 692A.126.
(18) Burglary in the second degree in violation of section 713.5,
if a determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(19) Attempted burglary in the second degree in violation of
section 713.6, if a determination is made that the offense was
sexually motivated pursuant to section 692A.126.
(20) Burglary in the third degree in violation of section 713.6A,
if a determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(21) Attempted burglary in the third degree in violation of
section 713.6B, if a determination is made that the offense was
sexually motivated pursuant to section 692A.126.
(22) Criminal transmission of human immunodeficiency virus in
violation of section 709C.1, subsection 1, paragraph "a".
(23) Human trafficking in violation of section 710A.2 if sexual
abuse or assault with intent to commit sexual abuse is committed or
sexual conduct or sexual contact is an element of the offense.
(24) Purchase or sale of an individual in violation of section
710.11 if a determination is made that the offense was sexually
motivated pursuant to section 692A.126.
(25) Sexual exploitation of a minor in violation of section
728.12, subsection 1.
(26) Indecent contact with a child in violation of section 709.12
if the child is under thirteen years of age.
(27) Sexual exploitation by a counselor, therapist, or school
employee in violation of section 709.15, if the child is under
thirteen years of age.
(28) Sexual misconduct with offenders and juveniles in violation
of section 709.16, if the child is under thirteen years of age.
(29) Child stealing in violation of section 710.5, if a
determination is made that the offense was sexually motivated
pursuant to section 692A.126.
(30) Enticing away a minor in violation of section 710.10, if the
violation includes an intent to commit sexual abuse, sexual
exploitation, sexual contact, or sexual conduct directed towards a
minor.
(31) Sex trafficking of children in violation of 18 U.S.C.
1591.
(32) Aggravated sexual abuse in violation of 18 U.S.C. 2241.
(33) Sexual abuse in violation of 18 U.S.C. 2242.
(34) Sexual abuse of a minor or ward in violation of 18 U.S.C.
2243.
(35) Abusive sexual contact in violation of 18 U.S.C. 2244.
(36) Offenses resulting in death in violation of 18 U.S.C.
2245.
(37) Sexual exploitation of children in violation of 18 U.S.C.
2251.
(38) Selling or buying of children in violation of 18 U.S.C.
2251A.
(39) Any sex offense specified in the laws of another
jurisdiction or any sex offense that may be prosecuted in federal,
military, or foreign court, that is comparable to an offense listed
in subparagraphs (1) through (38).
(40) Any sex offense under the prior laws of this state or
another jurisdiction, or any sex offense under prior law that was
prosecuted in federal, military, or foreign court, that is comparable
to a sex offense listed in subparagraphs (1) through (38).
2. A sex offender classified as a tier I offender shall be
reclassified as a tier II offender, if it is determined the offender
has one previous conviction for an offense classified as a tier I
offense.
3. A sex offender classified as a tier II offender, shall be
reclassified as a tier III offender, if it is determined the offender
has a previous conviction for a tier II offense or has been
reclassified as a tier II offender because of a previous conviction.
4. Notwithstanding the classifications of sex offenses in
subsection 1, any sex offense which would qualify a sex offender as a
sexually violent predator shall be classified as a tier III offense.
5. An offense classified as a tier II offense if committed
against a person under thirteen years of age shall be reclassified as
a tier III offense.
6. Convictions of more than one sex offense which require
registration under this chapter but which are prosecuted within a
single indictment shall be considered as a single offense for
purposes of registration.
Resource:
http://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=692A#692A.101
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