"The record does not support a conclusion that the Iowa General
Assembly and the Governor acted based merely on negative attitudes
toward, fear of, or a bare desire to harm a politically unpopular
group. [Citations omitted.] Sex offenders have a high rate of recidivism
and the parties presented expert testimony that reducing opportunity
and temptation is important to minimizing the risk of the reoffense.
Even experts in the field could not predict with confidence whether
a particular sex offender will reoffend, whether an offender convicted
of an offense against a teenager will be among those who "cross over"
to offend against a younger child, or the degree to which regular
proximity to a place where children are located enhances the risk
of reoffense against children. One expert in the district court opined
that it is just "common sense" that limiting the frequency of contact
between sex offenders and areas where children are located is likely
to reduce the risk of an offense. [Citation omitted.] The policy makers
of Iowa are entitled to employ such "common sense", and we are not
persuaded that the means selected to pursue the State's legitimate
interest are without a rational basis. . ."
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Section 940.225(1), First-degree sexual assault;
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Section 940.225(2), Second-degree sexual assault;
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Section 940.225(3), Third-degree sexual assault;
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Section 940.22(2), Sexual exploitation by therapist;
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Section 940.30, False imprisonment;
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Section 940.31, Kidnapping;
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Section 944.02, Rape (prior Statute, see now 940.225)
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Section 944.06, Incest;
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Section 944.10, Sexual intercourse with a child (prior Statute,
see now 948.02)
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Section 944.11, Indecent behavior with a child (prior Statute,
see now 948.02)
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Section 944.12, Enticing child for immoral purpose (prior Statute,
see now 948.07)
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Section 948.02(1), First-degree sexual assault of a child;
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Section 948.02(2), Second-degree sexual assault of a child;
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Section 948.025, Engaging in repeated acts of sexual assault
of the same child;
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Section 948.05, Sexual exploitation of a child;
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Section 948.055, Causing a child to view or listen to sexual
activity;
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Section 948.06, Incest with a child;
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Section 948.07, Child enticement;
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Section 948.075, Use of a computer to facilitate a child sex
crime;
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Section 948.08, Soliciting a child for prostitution;
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Section 948.095, Sexual assault of a child by a school instructional
staff;
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Section 948.11(2)(a) or (am), Exposing a child to harmful material
(felony sections);
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Section 948.12, Possession of child pornography;
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Section 948.13, Child sex offender working with children;
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Section 948.30, Abduction of another's child;
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Section 971.17, Not guilty by reason of mental disease or any
included offense;
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Section 975.06, Sex crime law commitment.
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