Iowa Code section 901A.1
SEXUALLY PREDATORY OFFENSES
1. As used in this chapter, the term "sexually predatory offense"
means any serious or aggravated misdemeanor or felony which
constitutes:
a. A violation of any provision of chapter 709.
b. Sexual exploitation of a minor in violation of section 728.12,
subsection 1.
c. Enticing a minor away in violation of section 710.10,
subsection 1.
d. Pandering involving a minor in violation of section 725.3,
subsection 2.
e. Any offense involving an attempt to commit an offense
contained in this section.
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".
2. As used in this chapter, the term "prior conviction" includes
a plea of guilty, deferred judgment, deferred or suspended sentence,
or adjudication of delinquency, regardless of whether a prior
conviction occurred before, on, or after March 31, 2000.
3. As used in this chapter, the term "sexually violent offense"
means the same as defined in section 229A.2.
Iowa Code section 901A.2
ENHANCED SENTENCING
1. A person convicted of a sexually predatory offense which is a
serious or aggravated misdemeanor, who has a prior conviction for a
sexually predatory offense, shall be sentenced to and shall serve
twice the maximum period of incarceration for the offense,
notwithstanding any other provision of the Code to the contrary,
prior to being eligible for parole or work release. However, a
person sentenced under this subsection shall not have the person's sentence reduced under chapter 903A or otherwise by more than fifteen percent.
2. A person convicted of a sexually predatory offense which is a
serious or aggravated misdemeanor, who has two or more prior
convictions for sexually predatory offenses, shall be sentenced to
and shall serve a period of incarceration of ten years,
notwithstanding any other provision of the Code to the contrary. A
person sentenced under this subsection shall not have the person's
sentence reduced under chapter 903A or otherwise by more than fifteen
percent.
3. Except as otherwise provided in subsection 5, a person
convicted of a sexually predatory offense which is a felony, who has
a prior conviction for a sexually predatory offense, shall be
sentenced to and shall serve twice the maximum period of
incarceration for the offense, or twenty- five years, whichever is
greater, notwithstanding any other provision of the Code to the
contrary. A person sentenced under this subsection shall not have
the person's sentence reduced under chapter 903A or otherwise by more
than fifteen percent.
4. Except as otherwise provided in subsection 5, a person
convicted of a sexually predatory offense which is a felony who has previously been sentenced under subsection 3 shall be sentenced to
life in prison on the same terms as a class "A" felon under section
902.1, notwithstanding any other provision of the Code to the
contrary. In order for a person to be sentenced under this
subsection, the prosecuting attorney shall allege and prove that this
section is applicable to the person.
5. A person who has been convicted of a violation of section
709.3, subsection 2, shall, upon a second conviction for a violation
of section 709.3, subsection 2, be committed to the custody of the
director of the Iowa department of corrections for the rest of the
person's life. In determining whether a conviction is a first or
second conviction under this subsection, a prior conviction for a
criminal offense committed in another jurisdiction which would
constitute a violation of section 709.3, subsection 2, if committed
in this state, shall be considered a conviction under this
subsection. The terms and conditions applicable to sentences for
class "A" felons under chapters 901 through 909 shall apply to
persons sentenced under this subsection.
6. A person who has been placed in a transitional release
program, released with or without supervision, or discharged pursuant
to chapter 229A, and who is subsequently convicted of a sexually
predatory offense or a sexually violent offense, shall be sentenced
to life in prison on the same terms as a class "A" felon under
section 902.1, notwithstanding any other provision of the Code to the
contrary. The terms and conditions applicable to sentences for class"A" felons under chapters 901 through 909 shall apply to persons
sentenced under this subsection. However, if the person commits a
sexually violent offense which is a misdemeanor offense under chapter
709, the person shall be sentenced to life in prison, with
eligibility for parole as provided in chapter 906.
7. A person sentenced under the provisions of this section shall
not be eligible for deferred judgment, deferred sentence, or
suspended sentence.
8. In addition to any other sentence imposed on a person
convicted of a sexually predatory offense pursuant to subsection 1,
2, or 3, the person shall be sentenced to an additional term of
parole or work release not to exceed two years. The board of parole
shall determine whether the person should be released on parole or
placed in a work release program. The sentence of parole supervision
shall commence immediately upon the person's release by the board of
parole and shall be under the terms and conditions as set out in
chapter 906. Violations of parole or work release shall be subject
to the procedures set out in chapter 905 or 908 or rules adopted
under those chapters. For purposes of disposition of a parole
violator upon revocation of parole or work release, the sentence of
an additional term of parole or work release shall be considered part
of the original term of commitment to the department of corrections.
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