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Gourley, Rehkemper & Lindholm PLC
Protecting The Rights Of Iowans
Criminal Defense  -  DUI defense - Federal & State Courts
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OWI/DUI Charge - Des Moines, Polk County, Iowa. Jury finds GRL Law client NOT GUILTY of Serious Injury by Vehicle by Operating While Intoxicated but guilty of misdemeanor Operating While Intoxicated. Client avoided mandatory 5 years in prison.

Third Degree Theft Charge - West Des Moines, Polk County Iowa.  Theft in the Third Degree charge dismissed outright.

Iowa Supreme Court concludes the our client was improperly punished and more severely when he exercised his 5th Amendment right against self-incrimination at sentencing. Read More......

OWI 1st Offense - Des Moines, Polk County, Iowa.  OWI 1st Offense amended to Reckless Driving.

Motion to suppress evidence - Forrest City, Winnebago County, Iowa.  Clients motion to suppress evidence which included marijuana and gun was granted when court concluded that postal inspector’s search of package and residence was illegal because it was done without clients consent.

OWI & Possession Suppressed Evidence - Sac City, Sac County, Iowa. OWI first offense and possession of marijuana and paraphernalia dismissed after judge grants defendant’s motion to suppress evidence. Driving privileges spared.

2nd OWI Amended - Altoona, Polk County, Iowa. OWI second offense amended to simple misdemeanor of public intoxication.

Assault NOT Guilty - Urbandale, Polk County Iowa. Client found NOT guilty by jury of Assault with a Dangerous Weapon and Leaving the Scene of a Personal Injury accident.

 

sex offender registration

Gourley, Rehkemper & Lindholm PLC - sexual assault Defense Attorneys

Iowa Sex Offender Registration Laws Changed July 1, 2009

Effective July 1, 2009, recent amendments to the Iowa Sex Offender Registry laws begin taking effect. The recent amendments were designed to provide for more effective and practical regulation of individuals convicted of sexual offenses. They are designed to provide necessary exceptions and leniency to convicted individuals that warrant such treatment as well as better protection to the public from those offenders that are more likely to reoffend.

The most notable changes resulting from the recent amendments are:

  1. Tiered approach based upon the seriousness of the offense of conviction;
  2. Provision for modification of sex offender registry requirements in specified, individualized situations;
  3. Removal of “statutory rape” (“victim is 14-15 years old and the defendant was 4 or more years older) convictions from the 2000 foot residency restrictions;
  4. Addition of “exclusion zones” and prohibition of certain employment related activities.

Registration Requirements

Any person who has been convicted of any sex offense classified in Tier I through III in the State of Iowa, or an individual required to register in another jurisdiction under the other jurisdictions sex offender registry requirements, is required to register as a sex offender in Iowa if the individual resides, is employed, or attends school in the State of Iowa.  The average offender must register for a period of ten (10) years from the date they are either placed on probation, released on parole or work release or released from a term of incarceration.  This also includes individuals adjudicated of offenses sex offenses set forth in Tiers I through III.

Modification

One of the most important provisions of the newly amended sex offender registry requirements is that it provides that an offender may request to modify their registry requirements after a specific period of time has elapsed and if certain conditions are met.  The modification process is designed to permit those “offenders” that are considered a low risk to reoffend to get out from under the stigma of the sex offender registry upon a proper showing.  Modification eligibility requirements are as follows:

  • Offender has been on the registry for at least 2 years if convicted of a Tier I offense; 5 years if convicted of a Tier II or Tier III Offense.
  • Individual has successfully completed all sex offender treatment programs that have been required;
  • A risk assessment has been completed and the individual was classified as a low risk to reoffend;
  • Individual is not incarcerated;
  • If individual is still on probation, parole or work release, the director of the judicial district department of correctional services supervising the individual or the directors designee, stipulates to the modification and a certified copy of the stipulation is attached to the application.
  • This requirement does not apply if individual is no longer on probation, parole or under supervision by the department of corrections.
  • The Court determines that a modification is appropriate and warranted under the circumstances.

tiers

Tier I

  • Sex Abuse 2nd if Defendant was under 14 (709.3(2))
  • Sex Abuse 3rd if Defendant was under 14 (709.4(1), (3), (4))
  • Sex Abuse 3rd if Defendant was under 14 (709.4(2)(a),(b))
  • Sex Abuse 3rd (709.4(2)(c))
  • Indecent Exposure (709.9)
  • Harassment – if sexually motivated (708.7(1),(2),(3))
  • Stalking – if sexually motivated (708.11, but not 708.11(3)(b)(3))
  • Dissemination or exhibition of obscene material to minors (728.2 or 728.15)
  • Rental or sale of porn to minor (728.4)
  • Admission of minor where obscene material exhibited (728.3)
  • Receipt or possession of child porn (18 U.S.C. 2252)
  • Material containing child porn (18 U.S.C. 2252A)
  • Misleading domain name on internet (18 U.S.C. 2252B)
  • Misleading words or digital images on internet (18 U.S.C. 2252C)
  • Failure to file factual statement of alien individual (18 U.S.C. 2424)
  • Transmitting info of minor to further criminal sexual conduct (18 U.S.C. 2425)
  • Any sex offense in federal, military or foreign court that is comparable

Tier II

  • Detention in brothel (709.7)
  • Lascivious acts (709.8)(3),(4))
  • Solicitation of Minor for sex act (705.1)
  • Solicitation of minor for illegal act (709.8(3), in violation of 705.1)
  • Solicitation of minor for illegal act (709.12, in violation of 705.1)
  • False imprisonment of minor (710.7, except if Defendant is the parent)
  • Assault with intent of sexual abuse, no injury (709.11)
  • Invasion of privacy – nudity (709.21)
  • Stalking (708.11(3)(b)(3), if sexually motivated)
  • Indecent contact with child (709.12, if child is 13)
  • Lascivious conduct with minor (709.14)
  • Sexual exploitation by counselor, therapist, school employee (709.15 if victim 13 or older)
  • Sexual misconduct with offenders and juveniles (709.16, if victim 13 or older)
  • Kidnapping (nonminor) (710.2, 710.3, 710.4, if sexually motivated)
  • Solicitation of minor for illegal act (725.3(2) in violation of 705.1)
  • Incest against dependent adult (235B.2 in violation of 726.2)
  • Incest against minor (726.2)
  • Sexual exploitation of minor (728.12(2),(3))
  • Material involving sexual exploitation of minor (18 U.S.C. 2252(a), except receipt or possession of child porn)
  • Producing sexually explicit depictions of minor for import to U.S. (18 U.S.C. 2260)
  • Transportation of minor for illegal sex act (18 U.S.C. 2423(a))
  • Travel with intent to engage in illegal sex act with minor (18 U.S.C. 2423)
  • Engaging in illicit sex conduct in foreign places (18 U.S.C. 2423(c))
  • Video Voyeurism of minor (18 U.S.C. 1801)
  • Any comparable offense in another jurisdiction
    • A sex offender in Tier I reclassified to Tier II if one previous conviction of Tier I offense.

tier III

  • Murder (707.2, 707.3, if sexual abuse as defined in 709.1 is committed)
  • Murder (707.2, 707.3, if sexually motivated)
  • Voluntary manslaughter (707.4, if sexually motivated)
  • Involuntary manslaughter (707.5, if sexually motivated)
  • Attempted murder (707.11, if sexually motivated)
  • Sex Abuse 1st (709.2)
  • Sex abuse 2nd (709.3(1),(3))
  • Sex abuse 2nd if Defendant was 14 or older (709.3(2))
  • Sex abuse 3rd if Defendant was 14 or older (709.4(1),(3),(4))
  • Sex abuse 3rd if Defendant was 14 or older (709.4(2)(a),(b))
  • Lascivious acts with child (709.8(1),(2))
  • Kidnapping (710.2 if sex abuse as defined in 709.1 committed)
  • Kidnapping of minor (710.2, 710.3, 710.4, if sexually motivated)
  • Assault with intent to commit sexual abuse resulting in serious or bodily injury (709.11)
  • Burglary 1st (713.3(1)(d))
  • Burglary 1st (713.3 (not (15)) if sexually motivated)
  • Attempted burglary 1st (713.4, if sexually motivated)
  • Burglary 2nd (713.5, if sexually motivated)
  • Attempted burglary 2nd (713.6, if sexually motivated)
  • Burglary 3rd (713.6A, if sexually motivated)
  • Attempted burglary 3rd (713.6B, if sexually motivated)
  • Criminal transmission of HIV (709C.1(1)(a))
  • Human trafficking (710A.2, if sex abuse or assault with intent to commit sex abuse is committed or sexual conduct or sexual contact is element )
  • Purchase or sale of an individual (710.11, if sexually motivated)
  • Sexual exploitation of a minor (728.12(1))
  • Indecent contact with child (709.12, if child under 13)
  • Sexual exploitation by counselor, therapist or school employee (709.15, if child under 13)
  • Sexual misconduct with offenders and juveniles (709.16, if child under 13)
  • Child stealing (710.5, if sexually motivated)
  • Enticing away a minor (710.10, if intent to commit sex abuse, sexual exploitation, sexual contact or sexual conduct towards a minor)
  • Sex trafficking of children (18 U.S.C. 1591)
  • Aggravated sex abuse (18 U.S.C. 2241)
  • Sexual abuse (18 U.S.C. 2242)
  • Sexual abuse of minor or ward (18 U.S.C. 2243)
  • Abusive sexual contact (18 U.S.C. 2244)
  • Offenses resulting in death (18 U.S.C. 2245)
  • Sexual exploitation of children (18 U.S.C. 2251)
  • Selling or buying of children (18 U.S.C. 2251A)
  • Any comparable violation in another jurisdiction
    • A sex offender classified in Tier II is reclassified as Tier III if a prior Tier II offense or has bee reclassified as a Tier II offender due to a previous conviction
    • A Tier II offense committed against a person under 13 is reclassified as Tier III

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From Gourley, Rehkemper & Lindholm law offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa. We frequently represent people who were arrested in Des Moines, West Des Moines, Marshalltown, Urbandale, Altoona, Waukee, Johnston and Indianola, as well as Cedar Rapids and Iowa City.

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