229A.2 - DEFINITIONS.
229A.2 DEFINITIONS.
As used in this chapter:
1. "Agency with jurisdiction" means an agency which has
custody of or releases a person serving a sentence or term of
confinement or is otherwise in confinement based upon a lawful order
or authority, and includes but is not limited to the department of
corrections, the department of human services, a judicial district
department of correctional services, and the Iowa board of parole.
2. "Appropriate secure facility" means a state facility that
is designed to confine but not necessarily to treat a sexually
violent predator.
3. "Discharge" means an unconditional discharge from the
sexually violent predator program. A person released from a secure
facility into a transitional release program or released with or
without supervision is not considered to be discharged.
4. "Likely to engage in predatory acts of sexual violence"
means that the person more likely than not will engage in acts of a
sexually violent nature. If a person is not confined at the time
that a petition is filed, a person is "likely to engage in
predatory acts of sexual violence" only if the person commits a
recent overt act.
5. "Mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity of a person
and predisposing that person to commit sexually violent offenses to a
degree which would constitute a menace to the health and safety of
others.
6. "Predatory" means acts directed toward a person with whom
a relationship has been established or promoted for the primary
purpose of victimization.
7. "Recent overt act" means any act that has either caused
harm of a sexually violent nature or creates a reasonable
apprehension of such harm.
8. "Safekeeper" means a person who is confined in an
appropriate secure facility pursuant to this chapter but who is not
subject to an order of commitment pursuant to this chapter.
9. "Sexually motivated" means that one of the purposes for
commission of a crime is the purpose of sexual gratification of the
perpetrator of the crime.
10. "Sexually violent offense" means:
a. A violation of any provision of chapter 709, except
section 709.18, subsection 2 or 3.
b. A violation of any of the following if the offense
involves sexual abuse, attempted sexual abuse, or intent to commit
sexual abuse:
(1) Murder as defined in section 707.1.
(2) Kidnapping as defined in section 710.1.
(3) Burglary as defined in section 713.1.
(4) Child endangerment under section 726.6, subsection 1,
paragraph "e".
c. Sexual exploitation of a minor in violation of section
728.12, subsection 1.
d. Pandering involving a minor in violation of section 725.3,
subsection 2.
e. An offense involving an attempt or conspiracy to commit
any offense referred to in this subsection.
f. An offense under prior law of this state or an offense
committed in another jurisdiction which would constitute an
equivalent offense under paragraphs "a" through "e".
g. Any act which, either at the time of sentencing for the
offense or subsequently during civil commitment proceedings pursuant
to this chapter, has been determined beyond a reasonable doubt to
have been sexually motivated.
11. "Sexually violent predator" means a person who has been
convicted of or charged with a sexually violent offense and who
suffers from a mental abnormality which makes the person likely to
engage in predatory acts constituting sexually violent offenses, if
not confined in a secure facility.
12. "Transitional release" means a conditional release from a
secure facility operated by the department of human services with the
conditions of such release set by the court or the department of
human services. Section History: Recent Form
98 Acts, ch 1171, §2; 99 Acts, ch 61, §1, 14; 2002 Acts, ch 1139,
§2, 27; 2007 Acts, ch 91, §1
Referred to in § 901A.1