Establishing the offense of assault by criminal groping, and providing penalties

This bill establishes the criminal offense of assault by criminal groping. The bill defines “assault by criminal groping” as an assault that involves intentional physical contact with an intimate body part of another person, without the intent to commit sexual abuse. “Intimate body part” is defined as the clothed or unclothed inner thigh, groin, buttock, genitals, anus, or breast. The bill provides that a first violation of assault by criminal groping is a serious misdemeanor. A second violation is an aggravated misdemeanor. A person who commits a third or subsequent violation commits a class “D” felony. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. If a determination is made by the court that a person convicted of assault by criminal groping was sexually motivated and the victim is years of age or older, the person will be required to register as a tier I sex offender. If a determination is made by the court that a person convicted of assault by criminal groping was sexually motivated and the victim is under years of age, the person will be required to register as a tier II sex offender.