Iowa Code » Chapter 709 — SEXUAL ABUSE
Iowa Code

Iowa Code § 709.1 (2026)

Sexual abuse defined

✓ current as of July 2026
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Any sex act between persons is sexual abuse by either of the persons when the act is performed with the other person in any of the following circumstances: 1. The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other. 2. Such other person is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters. 3. Such other person is a child. [C51, §2581, 2583; R60, §4204, 4206; C73, §3861, 3863; C97, §4756, 4758; C24, 27, 31, 35, 39, §12966, 12967; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §698.1, 698.3; C79, 81, §709.1] 84 Acts, ch 1188, §1; 99 Acts, ch 159, §1 Referred to in §232.116, 600A.8, 611.23, 614.1, 668.15, 692A.101, 692A.102, 713.3, 915.40 Definition of sex act, §702.17

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Notes of Decisions
Cited in 390 cases (89 in the last 5 years), 1951–2026 · leading case: State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018).
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State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). · cites it 43× “” Iowa Code § 709.1 (1). Beyond the “against the will of the other” standard, the legislature has codified specific, additional instances of nonconsent.”
Jane Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347 (Iowa 2014). · cites it 56× “Rather, we noted that the first section of the 1990 legislation referred to sexual abuse “as defined in section 709.1,” that section 709.1 in turn defined “sexual abuse” to include a sex act with a “child,” and that a “child” was defined in the criminal code as a person under…”
State of Iowa v. Randy Mitchell Copenhaver, 844 N.W.2d 442 (Iowa 2014). · cites it 16× “Therefore, when the defendant engaged in five distinct acts of physical contact, each act alone was sufficient to charge the defendant with a count of sexual abuse, and the State did not violate the defendant’s double jeopardy protection.”
State v. Bullock, 638 N.W.2d 728 (Iowa 2002). · cites it 18× “” Iowa Code § 709.1 (2). In addition, sexual abuse includes a sex act when one of the participants is a minor.”
Doe v. Hartz, 52 F. Supp. 2d 1027 (N.D. Iowa 1999). · cites it 18× “, 12(b)(6) on the ground that the alleged circumstances do' not constitute “sexual abuse” as defined by Iowa Code § 709.1 (1), because there is no allegation of a “sex act” as defined by Iowa Code § 702.”
State of Iowa v. Randy Scott Meyers, 799 N.W.2d 132 (Iowa 2011). · cites it 4× “Iowa Code § 709.1 (1). Clearly, the “against the will of another” standard seeks to broadly protect persons from non-consensual sex acts, even under circumstances showing the victim had no opportunity or ability to consent due to the inherently coercive nature of the…”
State v. Pearson, 514 N.W.2d 452 (Iowa 1994). · cites it 8× “Section 709.1 defines sexual abuse as any "sex act" between persons when one of the participants is a child.”
State v. Mitchell, 450 N.W.2d 828 (Iowa 1990). · cites it 8× “Iowa Code §§ 709.1 and 709.3(3). Mitchell claims that the latter element of second-degree sexual abuse — participation by an accomplice — is not present in kidnapping in the first degree and hence disqualifies the crime as a lesser-included offense.”
State of Iowa v. Patrick Edouard, 854 N.W.2d 421 (Iowa 2014). · cites it 4× “See Iowa Code § 709.1 . As in Wenthe, while the trial certainly did not veer away from the religious setting in which the defendant’s conduct took place, it did not dwell on religious doctrine either.”
State of Iowa v. Kenneth Edward Petty, 925 N.W.2d 190 (Iowa 2019). · cites it 3× “First, the State charged Petty with four counts of sexual abuse in the third degree, in violation of Iowa Code sections 709.1, 709.4, and 903B.1 (2015), and three counts of sexual exploitation of a minor, in violation of sections 728.”
State of Iowa v. Charles James David Oliver, 812 N.W.2d 636 (Iowa 2012). · cites it 3× “Charles Oliver was convicted a second time of third-degree sexual abuse in violation of Iowa Code sections 709.1 and 709.4(2)(6) (2009). Oliver stipulated that he had a prior conviction for third-degree sexual abuse under sections 709.”
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999). · cites it 4× “Prior to the criminal code revisions, the crime of larceny, see Iowa Code § 709.1 (1977), and the separate crime of larceny of a motor vehicle, see id.”
Show all 390 citing cases →
— Iowa Code § 709.1(1) — 34 cases
State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). “” Iowa Code § 709.1 (1). Beyond the “against the will of the other” standard, the legislature has codified specific, additional instances of nonconsent.”
State v. Bolsinger, 709 N.W.2d 560 (Iowa 2006).
State of Iowa v. Randy Scott Meyers, 799 N.W.2d 132 (Iowa 2011). “Iowa Code § 709.1 (1). Clearly, the “against the will of another” standard seeks to broadly protect persons from non-consensual sex acts, even under circumstances showing the victim had no opportunity or ability to consent due to the inherently coercive nature of the…”
State v. Rich, 305 N.W.2d 739 (Iowa 1981).
State v. Weiss, 528 N.W.2d 519 (Iowa 1995).
— Iowa Code § 709.1(2) — 4 cases
State v. Sullivan, 298 N.W.2d 267 (Iowa 1980).
State v. Cobb, 311 N.W.2d 64 (Iowa 1981).
State of Iowa v. Asa South (Iowa Ct. App. 2019).
State of Iowa v. Tevontaye Emmannuel Elliott (Iowa Ct. App. 2025).
— Iowa Code § 709.1(3) — 37 cases
State of Iowa v. Peter Kelly Long, 814 N.W.2d 572 (Iowa 2012).
State of Iowa v. Kenneth Edward Petty, 925 N.W.2d 190 (Iowa 2019). “First, the State charged Petty with four counts of sexual abuse in the third degree, in violation of Iowa Code sections 709.1, 709.4, and 903B.1 (2015), and three counts of sexual exploitation of a minor, in violation of sections 728.”
State of Iowa v. Charles James David Oliver, 812 N.W.2d 636 (Iowa 2012). “Charles Oliver was convicted a second time of third-degree sexual abuse in violation of Iowa Code sections 709.1 and 709.4(2)(6) (2009). Oliver stipulated that he had a prior conviction for third-degree sexual abuse under sections 709.”
State of Iowa v. Christopher Ryan Covel, 925 N.W.2d 183 (Iowa 2019).
State v. Brown, 341 N.W.2d 10 (Iowa 1983).
— Iowa Code § 709.1(8) — 1 case
State v. Duncan, 841 N.W.2d 604 (Iowa Ct. App. 2013).
— Iowa Code § 709.1(b)(3) — 1 case
State of Iowa v. Brian Winchester (Iowa Ct. App. 2017).
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