Iowa Code
Iowa Code § 709.3 (2026)
Sexual abuse in the second degree
✓ current as of July 2026
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1. A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances: a. 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. b. The other person is a child. c. 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. 2. Sexual abuse in the second degree is a class “B” felony. [C51, §2581; R60, §4204; C73, §3861; C97, §4756; C24, 27, 31, 35, 39, §12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §698.1; C79, 81, §709.3] 84 Acts, ch 1188, §2; 99 Acts, ch 159, §3; 2013 Acts, ch 90, §228; 2021 Acts, ch 37, §3 Referred to in §321.375, 622.31B, 664A.2, 664A.3, 692A.101, 692A.102, 709.19, 709.23, 901A.2, 902.12, 902.14, 903B.10, 906.15 Definition of child, §702.5 Definition of forcible felony, §702.11 Definition of sex act, §702.17
\nNotes of Decisions
Cited in 251
cases (75 in the last 5 years), 1979–2026 · leading case: State of Iowa v. Charles James David Oliver, 812 N.W.2d 636 (Iowa 2012).
State of Iowa v. Charles James David Oliver, 812 N.W.2d 636 (Iowa 2012). “Iowa Code §§ 709.3 , .4, .8. Also, only, a conviction or deferred judgment will trigger section 902.”
State v. Pearson, 514 N.W.2d 452 (Iowa 1994). “See Iowa Code §§ 709.3 , 702.17. A barrier of clothing is not mentioned in the statute as the equivalency of "contact," nor do I believe this to be a legislative oversight.”
State of Iowa v. Scott Robert Robinson, 859 N.W.2d 464 (Iowa 2015). “Compare Iowa Code § 709.3 (1) (2011) (sexual abuse in the second degree), with Iowa Code § 709.”
State v. Constable, 505 N.W.2d 473 (Iowa 1993). “See Iowa Code § 709.3 (1), (3) (1991). The State did not allege that either of these situations formed the basis of any of the counts of sexual abuse in the second degree and relied solely on the basis that each child was under the age of twelve.”
State of Iowa v. Randy Mitchell Copenhaver, 844 N.W.2d 442 (Iowa 2014). “(citing Iowa Code § 709.3 (2) (1991)). Section 709.1 defined sexual abuse as “any sex act which (1) is done by force or against the will of one participant; (2) is 8 performed with one participant who lacks ability to consent; or (3) is performed with a child.”
State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017). “On November 1, 2013, now 510 days after the initial events, a Black Hawk County attorney filed a trial information accusing Williams, Washington, Smith, and the fourth male with sexual abuse in the second degree under Iowa Code section 709.3(3) (2011). 1 The fourth male pled…”
State of Iowa v. Kenneth Lee Madsen, 813 N.W.2d 714 (Iowa 2012). “A Webster County jury that heard part of his confessions found him guilty on two counts of sexual abuse in the second degree in violation of Iowa Code section 709.3(2) (2007) and one count of lascivious acts with a child in violation of Iowa Code section 709.”
State of Iowa v. Patrick Michael Dudley, 856 N.W.2d 668 (Iowa 2014). “This case involves two charges of sexual abuse in the second degree in violation of Iowa Code section 709.3(2) (2009). A jury convicted the defendant of these charges.”
State of Iowa v. Max v. Thorndike, 860 N.W.2d 316 (Iowa 2015). “Max Thorndike appeals his conviction for two counts of sexual abuse in the second degree pursuant to Iowa Code section 709.3 (2013), and one count of lascivious acts with a child pursuant to Iowa Code section 709.”
State v. Mitchell, 450 N.W.2d 828 (Iowa 1990). “See Iowa Code §§ 709.3 (3) and 902.9(1) (1987).”
United States v. Davis, 139 S. Ct. 2319 (2019). “, Iowa Code § 709.3 (1)(a) (2019) ("substantial risk of death or serious injury"); N.”
David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). “” Iowa Code § 709.3 (2) (2009). “Sexual abuse in the second degree is a class ‘B’ felony.”
— Iowa Code § 709.3(1) — 14 cases
State v. Bullock, 638 N.W.2d 728 (Iowa 2002).
Lamphere v. State, 348 N.W.2d 212 (Iowa 1984).
State v. Constable, 505 N.W.2d 473 (Iowa 1993). “See Iowa Code § 709.3 (1), (3) (1991). The State did not allege that either of these situations formed the basis of any of the counts of sexual abuse in the second degree and relied solely on the basis that each child was under the age of twelve.”
State of Iowa v. Patrick Ryan Nicoletto, 845 N.W.2d 421 (Iowa 2014).
State v. Flanders, 546 N.W.2d 221 (Iowa Ct. App. 1996).
— Iowa Code § 709.3(1)(a) — 3 cases
State of Iowa v. Gerald W. Miller (Iowa Ct. App. 2020).
State of Iowa v. Bryan O'Neil Watkins (Iowa Ct. App. 2024).
State of Iowa v. Dustin Gerald Platner (Iowa Ct. App. 2025).
— Iowa Code § 709.3(1)(b) — 49 cases
State of Iowa v. Patrick Ryan Nicoletto, 845 N.W.2d 421 (Iowa 2014).
State of Iowa v. Marco Carrillo (Iowa Ct. App. 2021).
In re C.B. (Iowa Ct. App. 2018).
State of Iowa v. Brandon D. Ruiz (Iowa Ct. App. 2019).
State of Iowa v. Matthew Jason Manos (Iowa Ct. App. 2026).
— Iowa Code § 709.3(1)(c) — 3 cases
State of Iowa v. Ronald James Brimmer (Iowa 2022).
State of Iowa v. Ronald James Brimmer (Iowa 2022).
State of Iowa v. Ajamu Manu El-Amin (Iowa 2020).
— Iowa Code § 709.3(2) — 40 cases
State v. Pearson, 514 N.W.2d 452 (Iowa 1994). “See Iowa Code §§ 709.3 , 702.17. A barrier of clothing is not mentioned in the statute as the equivalency of "contact," nor do I believe this to be a legislative oversight.”
State of Iowa v. Kenneth Lee Madsen, 813 N.W.2d 714 (Iowa 2012). “A Webster County jury that heard part of his confessions found him guilty on two counts of sexual abuse in the second degree in violation of Iowa Code section 709.3(2) (2007) and one count of lascivious acts with a child in violation of Iowa Code section 709.”
State of Iowa v. Patrick Michael Dudley, 856 N.W.2d 668 (Iowa 2014). “This case involves two charges of sexual abuse in the second degree in violation of Iowa Code section 709.3(2) (2009). A jury convicted the defendant of these charges.”
State v. Constable, 505 N.W.2d 473 (Iowa 1993). “See Iowa Code § 709.3 (1), (3) (1991). The State did not allege that either of these situations formed the basis of any of the counts of sexual abuse in the second degree and relied solely on the basis that each child was under the age of twelve.”
State of Iowa v. Randy Mitchell Copenhaver, 844 N.W.2d 442 (Iowa 2014). “(citing Iowa Code § 709.3 (2) (1991)). Section 709.1 defined sexual abuse as “any sex act which (1) is done by force or against the will of one participant; (2) is 8 performed with one participant who lacks ability to consent; or (3) is performed with a child.”
— Iowa Code § 709.3(2)(2003) — 1 case
Martin (N.D. Iowa 2025).
— Iowa Code § 709.3(3) — 16 cases
State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017). “On November 1, 2013, now 510 days after the initial events, a Black Hawk County attorney filed a trial information accusing Williams, Washington, Smith, and the fourth male with sexual abuse in the second degree under Iowa Code section 709.3(3) (2011). 1 The fourth male pled…”
State v. Zaehringer, 325 N.W.2d 754 (Iowa 1982).
State v. Mitchell, 450 N.W.2d 828 (Iowa 1990). “See Iowa Code §§ 709.3 (3) and 902.9(1) (1987).”
State v. Cromer, 765 N.W.2d 1 (Iowa 2009).
State v. Finnigan, 478 N.W.2d 630 (Iowa 1991).
— Iowa Code § 709.3(a) — 1 case
Matter of Halls, 79 B.R. 417 (Bankr. S.D. Iowa 1987).
— Iowa Code § 709.3(l)(b) — 1 case
State of Iowa v. Sean Neal Delacy, 907 N.W.2d 154 (Iowa Ct. App. 2017).
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