Iowa Code

Iowa Code § 709.8 (2026)

Lascivious acts with a child

✓ current as of July 2026
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1. It is unlawful for any person sixteen years of age or older to perform any of the following acts with a child with or without the child’s consent unless married to each other, for the purpose of arousing or satisfying the sexual desires of either of them: a. Fondle or touch the pubes or genitals of a child. b. Permit or cause a child to fondle or touch the person’s genitals or pubes. c. Cause the touching of the person’s genitals to any part of the body of a child. d. Solicit a child to engage in a sex act or solicit a person to arrange a sex act with a child. e. Inflict pain or discomfort upon a child or permit a child to inflict pain or discomfort on the person. 2. a. Any person who violates a provision of this section involving an act included in subsection 1, paragraph “a” through “c”, shall, upon conviction, be guilty of a class “C” felony.\n\nTue Dec 09 21:56:35 2025 Iowa Code 2026, Chapter 709 (44, 1) §709.8, SEXUAL ABUSE 4\n\n b. Any person who violates a provision of this section involving an act included in subsection 1, paragraph “d” or “e”, shall, upon conviction, be guilty of a class “D” felony. [S13, §4938-a; C24, 27, 31, 35, 39, §13184; C46, 50, 54, 58, 62, 66, 71, 73, §725.2; C75, 77, §725.10; C79, 81, §709.8] 85 Acts, ch 181, §1; 96 Acts, ch 1062, §1; 2000 Acts, ch 1165, §1; 2005 Acts, ch 158, §35; 2013 Acts, ch 30, §202; 2013 Acts, ch 43, §2, 3 Referred to in §321.375, 692A.101, 692A.102, 692A.121, 709.12, 709.19, 802.2B, 902.14, 903B.10, 906.15, 907.3 Definition of sex act, §702.17

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Notes of Decisions
Cited in 189 cases (54 in the last 5 years), 1953–2026 · leading case: State of Iowa v. Aquiles Gonzalez Alvarado, 875 N.W.2d 713 (Iowa 2016).
State of Iowa v. Aquiles Gonzalez Alvarado, 875 N.W.2d 713 (Iowa 2016). · cites it 51× “See Iowa Code § 709.8 (1) (2013). 1 Alvarado contends the evidence does not support his convictions because he only touched his granddaughter over her clothing and a person does not “touch the pubes or genitals of a child” within the meaning of section 709.”
State of Iowa v. Peter Kelly Long, 814 N.W.2d 572 (Iowa 2012). · cites it 49× “1 Compare Iowa Code § 709.8 (1995), with Iowa Code § 709.”
State of Iowa v. Max v. Thorndike, 860 N.W.2d 316 (Iowa 2015). · cites it 6× “” Iowa Code § 709.8 (l)-(2). This is precisely the instruction the district court gave to the jury.”
State of Iowa v. Kenneth Lee Madsen, 813 N.W.2d 714 (Iowa 2012). · cites it 6× “3(2) (2007) and one count of lascivious acts with a child in violation of Iowa Code section 709.8. Madsen argues the district court erred in failing to suppress his confessions because (1) his first of two interviews was not recorded electronically, and (2) his confessions were…”
State of Iowa v. Charles James David Oliver, 812 N.W.2d 636 (Iowa 2012). · cites it 4× “4 also include performing a sex act on a victim who is under the influence of a controlled substance and the perpetrator knows or should have known the victim is incapable of consent.”
State of Iowa v. Bradley Elroy Wickes, 910 N.W.2d 554 (Iowa 2018). · cites it 2× “, Iowa Code § 709.8 (2)( a ) (enhancing lascivious acts with a child to an aggravated offense where the offense involves "[f]ondl[ing] or touch[ing] the genitals of a child," "[c]aus[ing] a child to fondle or touch the person's genitals or pubes," or "[c]aus[ing] the touching of…”
State of Iowa v. Lloyd Aschbrenner, 926 N.W.2d 240 (Iowa 2019). · cites it 4× “In 2007, Lloyd Aschbrenner, then age thirty-seven, pleaded guilty to one count of lascivious acts with a child in violation of Iowa Code section 709.8(3) (2007), a class “D” felony, after he molested his thirteen- year-old stepdaughter.”
State v. Graves, 491 N.W.2d 780 (Iowa 1992). · cites it 16× “The sole issue on review is whether the crime of lascivious acts with a child, Iowa Code section 709.8, 1 constitutes a forcible felony as defined in Iowa Code section 702.”
United States v. Constantino Garcia-Juarez, 421 F.3d 655 (8th Cir. 2005). · cites it 7× “At sentencing, over the government’s objection, the district court determined that Garcia-Juarez’s prior conviction for Lascivious Acts With a Child in violation of Iowa Code § 709.8 was an aggravated felony, but not a crime of violence under U.”
Robert Allen Barker v. Donald H. Capotosto & Thomas M. Magee, 875 N.W.2d 157 (Iowa 2016). · cites it 2× “§ 709.8(3). Later, the court granted the State’s request to amend the second count to solicitation of a minor to commit a sex act, a purported class “D” felony.”
Popejoy v. State, 727 N.W.2d 383 (Iowa Ct. App. 2006). · cites it 22× “Iowa Code § 709.8 . (Emphasis added). In ruling on Popejoy’s application the district court concluded the language first emphasized above is unambiguous and requires that the additional term of parole or work release supervision commence “immediately upon the expiration of the…”
Jasper v. State, 477 N.W.2d 852 (Iowa 1991). · cites it 4× “The State and applicant thereafter reached a plea agreement pursuant to which the State agreed to amend the trial information to charge the lesser offense of lascivious acts with a child, Iowa Code section 709.8, and pursuant to which Jasper agreed to plead guilty.”
— Iowa Code § 709.8(1) — 28 cases
State of Iowa v. Peter Kelly Long, 814 N.W.2d 572 (Iowa 2012). “1 Compare Iowa Code § 709.8 (1995), with Iowa Code § 709.”
State of Iowa v. Aquiles Gonzalez Alvarado, 875 N.W.2d 713 (Iowa 2016). “See Iowa Code § 709.8 (1) (2013). 1 Alvarado contends the evidence does not support his convictions because he only touched his granddaughter over her clothing and a person does not “touch the pubes or genitals of a child” within the meaning of section 709.”
State of Iowa v. Kenneth Lee Madsen, 813 N.W.2d 714 (Iowa 2012). “3(2) (2007) and one count of lascivious acts with a child in violation of Iowa Code section 709.8. Madsen argues the district court erred in failing to suppress his confessions because (1) his first of two interviews was not recorded electronically, and (2) his confessions were…”
State v. Witham, 583 N.W.2d 677 (Iowa 1998).
State of Iowa v. Kenneth Edward Petty, 925 N.W.2d 190 (Iowa 2019).
— Iowa Code § 709.8(1)(2) — 1 case
State of Iowa v. Jason Cecak (Iowa Ct. App. 2014).
— Iowa Code § 709.8(1)(A) — 1 case
State of Iowa v. Hiram Arizmendi (Iowa Ct. App. 2020).
— Iowa Code § 709.8(1)(a) — 23 cases
State of Iowa v. John Mark Blair II (Iowa Ct. App. 2024).
State of Iowa v. Daniel C. Jones (Iowa Ct. App. 2025).
State v. Kramer (Iowa Ct. App. 2018).
— Iowa Code § 709.8(1)(b) — 7 cases
State of Iowa v. Nicholas Lee Campie (Iowa Ct. App. 2023).
State of Iowa v. Michael T. Ferguson (Iowa Ct. App. 2020).
State of Iowa v. John Mark Blair II (Iowa Ct. App. 2024).
State of Iowa v. Nicholas Lee Campie (Iowa Ct. App. 2025).
— Iowa Code § 709.8(1)(c) — 3 cases
State v. Kramer (Iowa Ct. App. 2018).
State of Iowa v. Matthew Jason Manos (Iowa Ct. App. 2026).
State of Iowa v. Oscar Robles (Iowa Ct. App. 2023).
— Iowa Code § 709.8(1)(d) — 12 cases
State of Iowa v. Tyler Howell (Iowa Ct. App. 2015).
State of Iowa v. Charles A. Mace Jr. (Iowa Ct. App. 2021).
State of Iowa v. Bryan Halfhill (Iowa Ct. App. 2021).
— Iowa Code § 709.8(1)(e) — 1 case
Danny Lee Evans v. State of Iowa (Iowa Ct. App. 2026).
— Iowa Code § 709.8(2) — 9 cases
State of Iowa v. Peter Kelly Long, 814 N.W.2d 572 (Iowa 2012). “1 Compare Iowa Code § 709.8 (1995), with Iowa Code § 709.”
United States v. Davis, 583 F. Supp. 2d 1015 (N.D. Iowa 2008).
— Iowa Code § 709.8(2)(a) — 2 cases
State of Iowa v. Jessy Ryan Demoss (Iowa Ct. App. 2026).
— Iowa Code § 709.8(2)(b) — 1 case
State of Iowa v. Thomas Aaron Ingram (Iowa Ct. App. 2017).
— Iowa Code § 709.8(3) — 15 cases
State of Iowa v. Lloyd Aschbrenner, 926 N.W.2d 240 (Iowa 2019). “In 2007, Lloyd Aschbrenner, then age thirty-seven, pleaded guilty to one count of lascivious acts with a child in violation of Iowa Code section 709.8(3) (2007), a class “D” felony, after he molested his thirteen- year-old stepdaughter.”
State of Iowa v. Peter Kelly Long, 814 N.W.2d 572 (Iowa 2012). “1 Compare Iowa Code § 709.8 (1995), with Iowa Code § 709.”
Robert Allen Barker v. Donald H. Capotosto & Thomas M. Magee, 875 N.W.2d 157 (Iowa 2016). “§ 709.8(3). Later, the court granted the State’s request to amend the second count to solicitation of a minor to commit a sex act, a purported class “D” felony.”
State v. Baldwin, 291 N.W.2d 337 (Iowa 1980).
State v. Propp, 532 N.W.2d 784 (Iowa 1995).
— Iowa Code § 709.8(4) — 1 case
United States v. Davis, 583 F. Supp. 2d 1015 (N.D. Iowa 2008).
— Iowa Code § 709.8(l)(a) — 1 case
State of Iowa v. Sean Neal Delacy, 907 N.W.2d 154 (Iowa Ct. App. 2017).
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