First Degree Sex Abuse Defined
by David A. Cmelik Law PLC
Sexual abuse in the first degree is any sexual abuse where the defendant causes a serious injury. A serious injury is defined as (a) disabling mental illness; (b) bodily injury which does any of the following: (1) creates a substantial risk of death; (2) causes serious permanent disfigurement; (3) causes protracted loss or impairment of the function of any bodily member or organ; or (c) any injury to a child that requires surgical repair and necessitates the administration of general anesthesia.
Serious injury includes but is not limited to skull fractures, rib fractures, metaphyseal fractures of the long bones of children under the age of four years.
See Iowa Code Sec. 702.18
Class A Emergency First Degree Sexual Abuse is punishable by life in prison. The only way to reduce the sentence is through a commutation of the sentence to a term of years by the Governor of the State of Iowa. The judgment is not deferrable and the sentence cannot be suspended by the judge. If you or a loved one has been arrested or is being investigated for causing any injury to any person through suspected sexual abuse, you should not delay in obtaining criminal representation. Contact David A. Cmelik Law PLC at 319-389-1889 for an initial consultation today.