§707-733.6 - Continuous sexual assault of a minor under the age of fourteen years.
[§707-733.6]
Continuous sexual assault of a minor under the age of fourteen years. (1)
A person commits the offense of continuous sexual assault of a minor under the
age of fourteen years if the person:
(a) Either resides in the
same home with a minor under the age of fourteen years or has recurring access
to the minor; and
(b) Engages in three or
more acts of sexual penetration or sexual contact with the minor over a period
of time, while the minor is under the age of fourteen years.
(2) To convict
under this section, the trier of fact, if a jury, need unanimously agree only
that the requisite number of acts have occurred; the jury need not agree on
which acts constitute the requisite number.
(3) No other felony
sex offense involving the same victim may be charged in the same proceeding
with a charge under this section, unless the other charged offense occurred
outside the period of the offense charged under this section, or the other
offense is charged in the alternative. A defendant may be charged with only
one count under this section, unless more than one victim is involved, in which
case a separate count may be charged for each victim.
(4) Continuous
sexual assault of a minor under the age of fourteen years is a class A felony.
[L 2006, c 60, §1]