1. An information or indictment for sexual abuse in the first, second, or third degree
committed on or with a person who is under the age of eighteen years may be commenced
at any time after the commission of the offense.
2. An information or indictment for any other sexual abuse in the first, second, or third
degree shall be commenced within ten years after its commission, or if the person against
whom the information or indictment is sought is identified through the use of a DNA profile,
an information or indictment shall be commenced within three years from the date the person
is identified by the person’s DNA profile, whichever is later.
3. As used in this section, “identified” means a person’s legal name is known and the
person has been determined to be the source of the DNA.
85 Acts, ch 174, §2; 90 Acts, ch 1066, §1; 94 Acts, ch 1128, §3; 2000 Acts, ch 1027, §1; 2005
Acts, ch 158, §36; 2007 Acts, ch 126, §110; 2019 Acts, ch 140, §40; 2021 Acts, ch 102, §8, 12
Referred to in §802.3, 802.10
\n
Notes of Decisions
State v. Schultzen, 522 N.W.2d 833 (Iowa 1994).
· cites it 6× “Iowa Code § 802.2 (Supp.1985 & Supp.1987).”
Commonwealth v. Dixon, 938 N.E.2d 878 (Mass. 2010).
“11, § 3107 (a) (Michie 2007) (allowing indictment by DNA profile to satisfy applicable statutes of limitation); Iowa Code Ann. § 802.2 (West Supp. 2010) (if sexual abuse suspect is identified through use of DNA profile, State may seek information or indictment within three years…”
State v. Trompeter, 555 N.W.2d 468 (Iowa 1996).
· cites it 2× “…of limitations will not expire for this charge until 2006, five years after the alleged victim reaches age 18. See Iowa Code § 802.2 .”
State of New Jersey v. Gary Twiggs, 135 A.3d 981 (N.J. Super. Ct. App. Div. 2016).
“§ 5-1-109 (i) (2015) ("an indictment or information [may be] filed against the unknown person [if] the indictment contains the genetic information of the unknown person"); Iowa Code § 802.2 (1) (2016) (tolling "if the person against whom the information or indictment is sought…”
State v. Duncan, 841 N.W.2d 604 (Iowa Ct. App. 2013).
· cites it 2× “The limitation on bringing sexual abuse charges at Iowa Code section 802.2(1) allows the State to file an indictment or information for sexual abuse committed on or with a person who is under the age of eighteen years within ten years after the person upon whom the offense is…”
Johnny Louis Arthur Anderson, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2015).
· cites it 10× “6 Anderson asserted (1) his criminal defense counsel should have deposed defense witnesses, (2) trial and appellate counsel should have challenged Iowa Code section 802.2 as being unconstitutional, (3) appellate counsel was ineffective in failing to file an application for…”
State of Iowa v. Joshua Jarrett (Iowa Ct. App. 2018).
· cites it 2× “See Iowa Code §§ 802.2 (1) (providing, in cases of sexual abuse “committed on or with a person who is under the age of eighteen,” up to ten years after the minor 12 victim reaches age eighteen before the statute of limitations runs), 802.”
— Iowa Code § 802.2(1) — 3 cases
State v. Duncan, 841 N.W.2d 604 (Iowa Ct. App. 2013).
“The limitation on bringing sexual abuse charges at Iowa Code section 802.2(1) allows the State to file an indictment or information for sexual abuse committed on or with a person who is under the age of eighteen years within ten years after the person upon whom the offense is…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.