Legal Question in Criminal Law in Iowa
Can a minor child stay overnight at a sex offenders house if there is another adult in the house or is that considered child endangerment?
1 Answer from Attorneys
Here's your answer. The larger question is why a parent would permit this in the first place?
There is nothing in Iowa Sex Offender law that prevents offenders from being around children other than the restrictions mandated by 692A.113, Exclusion Zones and Prohibition of Certain Employment-Related Activities. However, per Iowa Code 726.6 - Child Endangerment, a parent, guardian, or person having custody or control over a child or minor may be charged with child endangerment if they allow a registered sex offender to have custody or control over their child(ren):
726.6 Child Endangerment
1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:
h. Knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 692A. 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.
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