Legal Question in Criminal Law in Iowa

I need interpetation of Iowa Code 726.6 Paragraph H. In the last sentence: "However, this paragraph does not apply to a person who is a parent or guardian of a child or a minor, who is required to register as a sex offender, or to a person who is married to and living with a person required to register as a sex offender."

I am a registered sex offender with a minor daughter that I have joint custody of. My ex-wife reads this sentence as meaning she oculd get charged with child endangerment for my having my court ordered visitation. She says it states it doesn't apply if the CHILD is the one registered. I read it as it doesn't apply if it is the PARENT OR GUARDIAN that is the registrant. Please help as she is holding back my visitation because of this.


Asked on 10/18/10, 3:27 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

I think you have to look at the nature and quality of the prior offense and what determination has been made of the likelihood to reoffend to see whether there is an issue with Iowa Code section 232.116. It's entirely possible depending on the level of the offense charged that the child could be endangered and therefore the Department of Human Services could become involved. See, In re S.J., 2002 WL 663858 (Iowa Ct. App. 2002).

Read more
Answered on 10/23/10, 9:12 pm


Related Questions & Answers

More Criminal Law questions and answers in Iowa