Iowa Code

Iowa Code § 709.4 (2026)

Sexual abuse in the third degree

✓ current as of July 2026

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1. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:

a. The act is done by force or against the will of the other person, whether or not the other person is the person’s spouse or is cohabiting with the person.

b. The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:

(1) The other person is suffering from a mental defect or incapacity which precludes giving consent.

(2) The other person is fourteen or fifteen years of age and any of the following are true:

(a) The person is a member of the same household as the other person.

(b) The person is related to the other person by blood or affinity to the fourth degree.

(c) The person is in a position of authority over the other person and uses that authority to coerce the other person to submit.

(d) The person is four or more years older than the other person.

c. The act is performed while the other person is under the influence of a controlled substance, which may include but is not limited to flunitrazepam, and all of the following are true:

(1) The controlled substance, which may include but is not limited to flunitrazepam, prevents the other person from consenting to the act.

(2) The person performing the act knows or reasonably should have known that the other person was under the influence of the controlled substance, which may include but is not limited to flunitrazepam.

d. The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless.\n\nTue Dec 09 21:56:35 2025 Iowa Code 2026, Chapter 709 (44, 1) 3 SEXUAL ABUSE, §709.8\n\n 2. Sexual abuse in the third degree is a class “C” felony. [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, §709.4] 89 Acts, ch 138, §3; 94 Acts, ch 1128, §1; 97 Acts, ch 78, §1; 99 Acts, ch 159, §4; 2013 Acts, ch 30, §201; 2021 Acts, ch 37, §4 Referred to in §272C.15, 321.375, 622.31B, 664A.2, 664A.3, 692A.101, 692A.102, 692A.121, 692A.128, 702.11, 709.19, 902.14, 903B.10, 906.15 Definition of forcible felony, see §702.11 Definition of sex act, see §702.17 \n

Notes of Decisions

Cited in 154 cases (41 in the last 5 years), 1980–2026 · leading case: State of Iowa v. Randy Scott Meyers, 799 N.W.2d 132 (Iowa 2011).

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State of Iowa v. Randy Scott Meyers, 799 N.W.2d 132 (Iowa 2011). · cites it 8× “See Iowa Code § 709.4 (1). The second alternative alleged Meyers performed sex acts at a time when Mindy was suffering from a mental defect or incapacity.”

State v. Plaster, 424 N.W.2d 226 (Iowa 1988). · cites it 8× “He appealed, arguing that prejudicial testimony concerning a similar incident with a different woman was improperly admitted into evidence and that the evidence was insufficient to warrant a guilty verdict.”

In the Interest of T.H., Minor Child, 913 N.W.2d 578 (Iowa 2018). · cites it 4× “First, he used the nature of their relationship to support the absence of any evidence of force.”

United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3× “§ 35-42-4-9(a); Iowa Code Ann. § 709.4 (l)(b)(3)(d); Ky.Rev.”

Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017). “774 Iowa Iowa Code § 709.4 (2) (1987), as amended by 1994 Iowa Acts p.”

State of Iowa v. Scott Robert Robinson, 859 N.W.2d 464 (Iowa 2015). · cites it 2× “3 (1) (2011) (sexual abuse in the second degree), with Iowa Code § 709.4 (1) (sexual abuse in the third degree).”

United States v. Jorge Rodriguez, 711 F.3d 541 (5th Cir. 2013). “6 ("sexual assault” and “continuous sexual assault of a minor under the age of fourteen years”); Iowa Code § 709.4 ("sexual abuse”); La.Rev.”

Humphrey v. Wilson, 652 S.E.2d 501 (Ga. 2007). · cites it 2× “Code § 35-42-4-3; § 35-42-4-9; Iowa Code § 709.4 (2)(c)(4); § 709.12; Ken.”

United States v. Eduardo Rangel-Castaneda, 709 F.3d 373 (4th Cir. 2013). · cites it 2× “Code § 35-42-4-9; Iowa Code § 709.4 ; Kan. Stat. Ann. §§ 21-5506 , -5507; Ky.”

State v. Tripp, 776 N.W.2d 855 (Iowa 2010). · cites it 2× “See Iowa Code § 709.4 (2)(c )(4). Third-degree sexual abuse is a class “C” felony and is punishable by up to ten years in prison.”

David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). · cites it 2× “Iowa Code 709.4(2)( b ). "Sexual abuse in the third degree is a class 'C' felony.”

Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). · cites it 2× “Laws §§ 750 .520b-750. 520c (West 1991) (punishing as “sexual conduct” relationship with person “related by blood or affinity to the fourth degree” who is at least thirteen but less than sixteen years of age); Mont.”

Show all 154 citing cases →

— Iowa Code § 709.4(2) — 1 case

David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). “Iowa Code 709.4(2)( b ). "Sexual abuse in the third degree is a class 'C' felony.”

— Iowa Code § 709.4(2)(b) — 2 cases

David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). “Iowa Code 709.4(2)( b ). "Sexual abuse in the third degree is a class 'C' felony.”

State of Iowa v. Matthew Eli Villalpando (Iowa Ct. App. 2016).

— Iowa Code § 709.4(2)(c)(4) — 1 case

Mario Selvis Barrera, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2014).

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