Second Degree Sex Abuse Defined
by David A. Cmelik Law PLC
Sexual abuse in the second degree is any sexual abuse committed under the following circumstances: (1) during the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person; (2) the other person is under twelve; (#) the person is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person against whom the sex act is committed. See Iowa Code Sec. 709.3
See here for a definition of serious injury.
Sexual abuse in the second degree is a Class "B" felony punishable by an indetermine prison sentence of 25 years. It requires prison and parole is barred until seven-tenths of the sentence are served. In addition, it requires lifetime sex offender registry and life time "special sentence" parole after the 25 year prison sentence is discharged.
Class B Emergency: Second Degree Sexual Abuse is punishable by 25 years in prison. It requires prison and someone convicted of sexual abuse in the second degree is not eligible for parole until seven-tenths of the 25 year prison sentence is served. 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.