The term “sex act” or “sexual activity” means any sexual contact between two or more persons by any of the following:
1. Penetration of the penis into the vagina or anus.
2. Contact between the mouth and genitalia or mouth and anus or by contact between the genitalia of one person and the genitalia or anus of another person.
3. Contact between the finger, hand, or other body part of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 151, or 152.
4. Ejaculation onto the person of another.
5. By use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus.\n\nTue Dec 09 21:56:49 2025 Iowa Code 2026, Chapter 702 (32, 0) 5 DEFINITIONS, §702.22\n\n 6. The touching of a person’s own genitals or anus with a finger, hand, or artificial sexual organ or other similar device at the direction of another person. [C75, 77, §725.1(7); C79, 81, §702.17] 89 Acts, ch 105, §1; 89 Acts, ch 296, §86; 2008 Acts, ch 1088, §138; 2013 Acts, ch 43, §1; 2014 Acts, ch 1092, §144; 2021 Acts, ch 36, §1, 2; 2022 Acts, ch 1021, §172 Referred to in §235B.2, 235E.1, 256.11, 692A.101, 708.7, 709.15, 709.18, 728.1, 728.14 \n
Notes of Decisions
Cited in
163
cases (
47 in the last 5 years), 1978–2026 · leading case:
State v. Pearson, 514 N.W.2d 452 (Iowa 1994).
State v. Pearson, 514 N.W.2d 452 (Iowa 1994).
· cites it 62× “Iowa Code § 702.17 . It also includes use of an artificial sexual organ or substitute.”
State v. Whetstine, 315 N.W.2d 758 (Iowa 1982).
· cites it 44× “He raises four issues on appeal: 1) whether third degree sexual abuse can be committed by digital penetration of the female genitalia; 2) whether the definition of “sex act” in section 702.17, The Code, is vague and therefore violative of fourteenth amendment due process; 3)…”
State of Iowa v. Aquiles Gonzalez Alvarado, 875 N.W.2d 713 (Iowa 2016).
· cites it 14× “at 340 ; see Iowa Code § 702.17 (1979); id. § 709.8(3), Suggesting the defendant’s conduct was still objectively wrong, just not a crime under .”
State of Iowa v. Brent Michael Romer, 832 N.W.2d 169 (Iowa 2013).
· cites it 8× “Iowa Code § 702.17 (2009). 7 should have been severed into multiple trials, and the district court’s refusal to do so resulted in unfair prejudice.”
Doe v. Hartz, 52 F. Supp. 2d 1027 (N.D. Iowa 1999).
· cites it 14× “1 (1), because there is no allegation of a “sex act” as defined by Iowa Code § 702.17 -. Doe responds that she has adequately alleged “sexual exploitation” by a “counselor or therapist” within the meaning, of IpwA Code § 709.”
Doe v. Hartz, 970 F. Supp. 1375 (N.D. Iowa 1997).
· cites it 14× “15(1)(f)(2), or a sex act as defined in Iowa Code § 702.17 . The offense described in subdivisions § 709.”
State v. Martens, 569 N.W.2d 482 (Iowa 1997).
· cites it 10× “Iowa Code § 702.17 . In State v. Baldwin, 291 N.”
State v. Johnson, 291 N.W.2d 6 (Iowa 1980).
· cites it 10× “The term "sex act," as defined by section 702.17, Supplement to the Code 1977, would in this case have been completed on the contact of defendant's penis with Walker's mouth.”
Stotts v. Eveleth, 688 N.W.2d 803 (Iowa 2004).
· cites it 4× “According to the rule, sexual involvement includes, among other things, commission of any sex act as defined in Iowa Code section 702.17. Id. At the time of the alleged acts of negligence, it is uncontroverted that Stotts was a student within the meaning of section 272.”
In the Interest of J.D.S., 436 N.W.2d 342 (Iowa 1989).
· cites it 8× “As part of his challenge to the sufficiency of the evidence, he also contends the insertion of a finger into an anus does not constitute a "sex act," as defined by Iowa Code section 702.17 (1987). Section 702.17 provides: The term "sex act" or "sexual activity" means any sexual…”
State v. Castaneda, 621 N.W.2d 435 (Iowa 2001).
· cites it 4× “Based on the interview and the medical examination, the State charged Castaneda on June 3 with three counts of sexual abuse in the second degree, see Iowa Code §§ 702.17 , 709.1, 709.3(2) (1995), a class B felony, and one count of indecent contact with a child, see Iowa Code §…”
Iowa Code § 702.17(1): 5 cases
Iowa Code § 702.17(2): 6 cases
Iowa Code § 702.17(3): 12 cases
Iowa Code § 702.17(4): 2 cases
State v. Kramer, No. 16-2048, 2018 WL 346454 (Iowa Ct. App. Jan. 10, 2018).
Iowa Code § 702.17(5): 2 cases
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