1. A person eighteen years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse with the same child, and at least thirty days have elapsed between the first and last acts of sexual abuse.
2. A person who commits continuous sexual abuse of a child is, upon conviction, guilty of a class “B” felony. Notwithstanding section 902.9, subsection 1, paragraph “b”, a person convicted of a violation of this section shall be confined for no more than fifty years.
3. If a jury is the trier of fact, members of the jury must unanimously agree that three or more acts of sexual abuse were committed with the same child and at least thirty days have elapsed between the first and last acts of sexual abuse. The jury does not need to unanimously agree which specific acts were committed or the exact date when those acts were committed.
4. Any other sexual abuse offense involving the same child shall not be charged in the same proceeding as a charge under this section unless the other sexual abuse offense occurred outside of the time period charged under this section or the other sexual abuse offense is charged in the alternative.
5. A person shall be charged with only one count under this section unless more than one child is involved in the offense. If more than one child is involved, a separate count may be charged for each child.\n\nTue Dec 09 21:56:35 2025 Iowa Code 2026, Chapter 709 (44, 1) 13 SEXUAL ABUSE, §709.23\n\n 6. Each act of sexual abuse committed under section 709.3 shall be considered a lesser included offense to the crime of continuous sexual abuse of a child under this section. 2020 Acts, ch 1115, §4; 2020 Acts, ch 1121, §67, 70; 2023 Acts, ch 32, §1 Referred to in §622.31B, 692A.101, 692A.102, 902.12, 902.14, 903B.10\n\nTue Dec 09 21:56:35 2025 Iowa Code 2026, Chapter 709 (44, 1) \n
Notes of Decisions
Cited in
9
cases (
9 in the last 5 years), 2022–2026 · leading case:
State v. Bravo-Chavez, 343 Or. App. 326 (Or. Ct. App. 2025).
State v. Bravo-Chavez, 343 Or. App. 326 (Or. Ct. App. 2025).
“6 (Hawaii statute defining the crime of continuous sexual assault of a minor under the age of fourteen years); Iowa Code § 709.23 (Iowa statute defining the crime of continuous sexual abuse of a child); Md Code Ann, Crim Law, § 3-315 (Maryland statute defining the crime of “a…”
State v. Bravo-Chavez, 343 Or. App. 326 (Or. Ct. App. 2025).
“6 (Hawaii statute defining the crime of continuous sexual assault of a minor under the age of 14 years); Iowa Code § 709.23 (Iowa statute defining the crime of continuous sexual abuse of a child); Md Code Ann, Crim Law, § 3-315 (Maryland statute defining the crime of “a…”
State of Iowa v. John Mark Toyne (Iowa Ct. App. 2026).
· cites it 4× “In 2024, the State charged John Toyne with continuous sexual abuse of a child in violation of Iowa Code section 709.23 (2022). The State alleged that Toyne sexually abused a child on multiple occasions in 2022 and 2023 when the child was eleven to twelve years old.”
In the Interest of A.N. (Iowa Ct. App. 2022).
· cites it 2× “1115, § 4 (adding subparagraph (13), “[c]ontinuous sexual abuse of a child in violation of section 709.23”). 3 leave the room and went to get her mother.”
State of Iowa v. Nathaniel Scott Pearce (Iowa Ct. App. 2022).
· cites it 2× “Part of that protection of the 2 Under Iowa Code section 709.23(1), A person eighteen years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse in violation of section 709.”
State of Iowa v. Matthew Jason Manos (Iowa Ct. App. 2026).
· cites it 2× “After law enforcement investigated the accusations, Manos was charged with: (I) continuous sexual abuse of a child, a class “B” felony, in violation of Iowa Code section 709.23(2) (2023); (II) sexual abuse in the second degree, a class “B” felony, in violation of section 709.”
— Iowa Code § 709.23(1) — 2 cases
State of Iowa v. Nathaniel Scott Pearce (Iowa Ct. App. 2022).
“Part of that protection of the 2 Under Iowa Code section 709.23(1), A person eighteen years of age or older commits continuous sexual abuse of a child when the person engages in any combination of three or more acts of sexual abuse in violation of section 709.”
— Iowa Code § 709.23(2) — 2 cases
State of Iowa v. Matthew Jason Manos (Iowa Ct. App. 2026).
“After law enforcement investigated the accusations, Manos was charged with: (I) continuous sexual abuse of a child, a class “B” felony, in violation of Iowa Code section 709.23(2) (2023); (II) sexual abuse in the second degree, a class “B” felony, in violation of section 709.”
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