Read the full stored bill text
House
File
2086
-
Introduced
HOUSE
FILE
2086
BY
NORDMAN
A
BILL
FOR
An
Act
relating
to
child
endangerment.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
726.6,
Code
2026,
is
amended
to
read
as
1
follows:
2
726.6
Child
endangerment.
3
1.
As
used
in
this
section,
unless
the
context
otherwise
4
requires,
“child”
means
any
person
under
eighteen
years
of
age.
5
1.
2.
A
person
who
is
the
parent,
guardian,
or
person
6
having
custody
or
control
over
a
child
or
a
minor
under
the
age
7
of
eighteen
with
a
mental
or
physical
disability
,
or
a
person
8
who
is
a
member
of
the
household
in
which
a
child
or
such
a
9
minor
resides,
commits
child
endangerment
when
the
person
does
10
any
of
the
following:
11
a.
Knowingly
acts
in
a
manner
that
creates
a
substantial
12
risk
to
a
child
or
minor’s
child’s
physical,
mental
,
or
13
emotional
health
or
safety.
14
b.
By
an
intentional
act
or
series
of
intentional
acts,
uses
15
unreasonable
force,
torture
,
or
cruelty
that
results
in
bodily
16
injury,
or
that
is
intended
to
cause
serious
injury.
17
c.
By
an
intentional
act
or
series
of
intentional
acts,
18
evidences
unreasonable
force,
torture
,
or
cruelty
which
that
19
causes
substantial
mental
or
emotional
harm
to
a
child
or
20
minor
.
21
d.
Willfully
deprives
a
child
or
minor
of
necessary
food,
22
clothing,
shelter,
health
care
,
or
supervision
appropriate
to
23
the
child
or
minor’s
child’s
age,
when
the
person
is
reasonably
24
able
to
make
the
necessary
provisions
and
which
deprivation
25
substantially
harms
the
child
or
minor’s
child’s
physical,
26
mental
,
or
emotional
health.
For
purposes
of
this
paragraph,
27
the
failure
to
provide
specific
medical
treatment
shall
not
28
for
that
reason
alone
be
considered
willful
deprivation
of
29
health
care
if
the
person
can
show
that
such
treatment
would
30
conflict
with
the
tenets
and
practice
of
a
recognized
religious
31
denomination
of
which
the
person
is
an
adherent
or
member.
32
This
exception
does
not
in
any
manner
restrict
the
right
of
an
33
interested
party
to
petition
the
court
on
behalf
of
the
best
34
interest
of
the
child
or
minor
.
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e.
Knowingly
permits
the
continuing
physical
or
sexual
abuse
1
of
a
child
or
minor
.
However,
it
is
an
affirmative
defense
to
2
this
subsection
if
the
person
had
a
reasonable
apprehension
3
that
any
action
to
stop
the
continuing
abuse
would
result
in
4
substantial
bodily
harm
to
the
person
or
the
child
or
minor
.
5
f.
Abandons
the
child
or
minor
to
fend
for
the
child
or
6
minor’s
child’s
self,
knowing
that
the
child
or
minor
is
unable
7
to
do
so.
8
g.
Knowingly
permits
a
child
or
minor
to
be
present
at
9
a
location
where
amphetamine,
its
salts,
isomers,
or
salts
10
of
isomers,
or
methamphetamine,
its
salts,
isomers,
or
salts
11
of
isomers,
is
manufactured
in
violation
of
section
124.401,
12
subsection
1
,
or
where
a
product
is
possessed
in
violation
of
13
section
124.401,
subsection
4
.
14
h.
Knowingly
allows
a
person
custody
or
control
of,
or
15
unsupervised
access
to
,
a
child
or
a
minor
after
knowing
the
16
person
is
required
to
register
or
is
on
the
sex
offender
17
registry
as
a
sex
offender
under
chapter
692A
.
However,
18
this
paragraph
does
not
apply
to
a
person
who
is
a
parent
or
19
guardian
of
a
child
or
a
minor
,
who
is
required
to
register
as
a
20
sex
offender,
or
to
a
person
who
is
married
to
and
living
with
a
21
person
required
to
register
as
a
sex
offender.
22
i.
Knowingly
provides
direct
supervision
of
a
person
under
23
section
724.22,
subsection
4
,
while
intoxicated
as
provided
24
under
the
conditions
set
out
in
section
321J.2,
subsection
1
,
25
paragraph
“a”
,
“b”
,
or
“c”
.
26
2.
3.
A
person
who
is
required
to
register
as
a
sex
27
offender
under
chapter
692A
for
a
sex
offense
against
a
minor
28
child
who
knowingly
has
control
of
a
minor
child
,
or
who
29
knowingly
has
unsupervised
access
to
a
minor
child
,
commits
30
child
endangerment.
However,
this
subsection
does
not
apply
31
to
any
of
the
following:
32
a.
A
person
who
is
required
to
register
as
a
sex
offender
33
under
chapter
692A
for
a
sex
offense
against
a
minor
child
who
34
knowingly
has
control
of
a
minor
child
,
or
who
knowingly
has
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unsupervised
access
to
a
minor
child
,
when
the
person
is
the
1
legal
parent
or
guardian
of
the
minor
child
and
the
control
or
2
unsupervised
access
is
not
otherwise
illegal.
3
b.
A
person
who
is
required
to
register
as
a
sex
offender
4
under
chapter
692A
for
a
sex
offense
against
a
minor
child
5
who
knowingly
has
control
of
a
minor
child
,
or
who
knowingly
6
has
unsupervised
access
to
a
minor
child
,
when
the
person
is
7
married
to
and
living
with
the
legal
parent
or
guardian
of
8
the
minor
child
and
the
control
or
unsupervised
access
is
not
9
otherwise
illegal.
10
3.
4.
A
parent
or
person
authorized
by
the
parent
shall
not
11
be
prosecuted
for
a
violation
of
subsection
1
2
,
paragraph
“f”
,
12
relating
to
abandonment,
if
the
parent
or
person
authorized
by
13
the
parent
has
voluntarily
released
custody
of
a
newborn
infant
14
in
accordance
with
section
233.2
.
15
4.
5.
For
the
purposes
of
subsection
1
2
,
“person
having
16
control
over
a
child
or
a
minor
”
means
any
of
the
following:
17
a.
A
person
who
has
accepted,
undertaken,
or
assumed
18
supervision
of
a
child
or
such
a
minor
from
the
parent
or
19
guardian
of
the
child
or
minor
.
20
b.
A
person
who
has
undertaken
or
assumed
temporary
21
supervision
of
a
child
or
such
a
minor
without
explicit
consent
22
from
the
parent
or
guardian
of
the
child
or
minor
.
23
c.
A
person
who
operates
a
motor
vehicle
with
a
child
or
24
such
a
minor
present
in
the
vehicle.
25
5.
6.
A
person
who
commits
child
endangerment
resulting
in
26
the
death
of
a
child
or
minor
is
guilty
of
a
class
“B”
felony.
27
Notwithstanding
section
902.9,
subsection
1,
paragraph
“b”
,
a
28
person
convicted
of
a
violation
of
this
subsection
shall
be
29
confined
for
no
more
than
fifty
years.
30
6.
7.
A
person
who
commits
child
endangerment
resulting
31
in
serious
injury
to
a
child
or
minor
is
guilty
of
a
class
“C”
32
felony.
33
7.
8.
A
person
who
commits
child
endangerment
resulting
34
in
bodily
injury
to
a
child
or
minor
or
child
endangerment
in
35
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violation
of
subsection
1
2
,
paragraph
“g”
,
that
does
not
result
1
in
a
serious
injury,
or
a
person
who
commits
child
endangerment
2
in
violation
of
subsection
2
3
,
is
guilty
of
a
class
“D”
3
felony.
4
8.
9.
A
person
who
commits
child
endangerment
that
is
not
5
subject
to
penalty
under
subsection
5,
6,
or
7
6,
7,
or
8
is
6
guilty
of
an
aggravated
misdemeanor.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
child
endangerment.
11
Current
law
provides
that
a
person
who
is
the
parent,
12
guardian,
or
person
having
custody
or
control
over
a
child
or
a
13
minor
under
the
age
of
18
with
a
mental
or
physical
disability,
14
or
a
person
who
is
a
member
of
the
household
in
which
a
child
15
or
such
a
minor
resides,
commits
child
endangerment
when
the
16
person
does
any
of
the
actions
described
in
Code
section
726.6.
17
The
bill
adds
a
definition
of
“child”
to
mean
any
person
18
under
18
years
of
age,
and
removes
references
to
minors.
19
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