1. A health care professional commits sexual abuse in the fourth degree when the health care professional uses or provides a patient with human reproductive material for assisted reproduction other than that to which the patient expressly consented in writing in violation of section 714I.3, subsection 2.
 2. Sexual abuse in the fourth degree is an aggravated misdemeanor.
 3. a. Notwithstanding subsection 2, sexual abuse in the fourth degree is a class “D” felony if the health care professional uses or provides the health care professional’s own human reproductive material for assisted reproduction in violation of section 714I.3, subsection 2.

 b. A parent-child relationship between a child and a health care professional is not created for any legal purpose when the child is born as the result of being conceived through commission of sexual abuse in the fourth degree as described in this subsection.
 4. For the purposes of this section, “assisted reproduction”, “gamete”, “health care professional”, “human reproductive material”, and “patient” mean the same as defined in section 714I.2.