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House
File
2605
-
Introduced
HOUSE
FILE
2605
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2289)
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
torture,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2605
Section
1.
NEW
SECTION
.
726.6B
Torture
——
penalty.
1
1.
As
used
in
this
section:
2
a.
“Cruel”
means
brutal,
inhumane,
sadistic,
or
tormenting.
3
b.
“Custody
or
physical
control”
means
the
forcible
4
restriction
of
a
person’s
movements
or
forcible
confinement
5
of
the
person
so
as
to
interfere
with
that
person’s
liberty,
6
without
that
person’s
consent
or
without
lawful
authority.
7
c.
“Serious
bodily
injury”
means
either
of
the
following:
8
(1)
Bodily
injury
that
involves
a
substantial
risk
of
death,
9
unconsciousness,
extreme
physical
pain,
protracted
and
obvious
10
disfigurement,
or
protracted
loss
or
impairment
of
the
function
11
of
a
bodily
member,
organ,
or
mental
faculty.
12
(2)
One
or
more
of
the
following
conditions:
internal
13
injury,
poisoning,
serious
burns
or
scalding,
severe
cuts,
or
14
multiple
puncture
wounds.
15
d.
“Severe
mental
pain
or
suffering”
means
a
mental
injury
16
that
results
in
a
substantial
alteration
of
mental
functioning
17
that
is
manifested
in
a
visibly
demonstrable
manner
caused
by
18
or
resulting
from
any
of
the
following:
19
(1)
The
intentional
infliction
or
threatened
infliction
of
20
serious
bodily
injury.
21
(2)
The
administration
or
application,
or
threatened
22
administration
or
application,
of
mind-altering
substances
23
or
other
procedures
calculated
to
disrupt
the
senses
or
the
24
personality.
25
(3)
The
threat
of
imminent
death.
26
(4)
The
threat
that
another
person
will
imminently
27
be
subjected
to
death,
serious
bodily
injury,
or
the
28
administration
or
application
of
mind-altering
substances
29
or
other
procedures
calculated
to
disrupt
the
senses
or
30
personality.
31
2.
A
person
who,
with
the
intent
to
cause
cruel
or
extreme
32
physical
or
mental
pain
and
suffering,
inflicts
serious
bodily
33
injury
or
severe
mental
pain
or
suffering
upon
another
person
34
within
the
person’s
custody
or
physical
control
commits
torture
35
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H.F.
2605
and
is
guilty
of
a
class
“B”
felony.
Notwithstanding
section
1
902.9,
subsection
1,
paragraph
“b”
,
a
person
convicted
of
a
2
violation
of
this
section
shall
be
confined
for
no
more
than
3
fifty
years.
4
3.
Proof
that
a
victim
suffered
pain
is
not
an
element
of
5
the
crime
under
this
section.
6
4.
A
conviction
or
sentence
under
this
section
does
not
7
preclude
a
conviction
or
sentence
for
a
violation
of
any
other
8
law
of
this
state
arising
from
the
same
transaction.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
establishes
the
criminal
offense
of
torture.
13
The
bill
provides
that
a
person
who,
with
the
intent
to
14
cause
cruel
or
extreme
physical
or
mental
pain
and
suffering,
15
inflicts
serious
bodily
injury
or
severe
mental
pain
or
16
suffering
upon
another
person
within
the
person’s
custody
or
17
physical
control
commits
torture
and
is
guilty
of
a
class
“B”
18
felony.
Notwithstanding
Code
section
902.9,
subsection
1,
19
paragraph
“b”,
a
person
convicted
of
a
violation
of
the
bill
20
shall
be
confined
for
no
more
than
50
years.
21
The
bill
provides
definitions
of
“cruel”,
“custody
or
22
physical
control”,
“serious
bodily
injury”,
and
“severe
mental
23
pain
or
suffering”.
24
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