SF 275 (LSB 1348SV (2) 88)

SENATE FILE 275

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1009)

A BILL FOR

An Act relating to the criminal offenses of assault by threat of a targeted attack and cyberharassment, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708.6A  Threat of targeted attack.
   1.  Any person who threatens to cause serious injury or death to persons assembled in a public place, school building, or any occupied structure other than a single-family residence which thereby places such persons in reasonable apprehension of serious injury or death, or who threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out, commits a class “D” felony.
   2.  For purposes of this section, “public place” means an indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.
    Sec. 2.  Section 708.7, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A person commits cyberharassment when, while making an online communication using an electronic device or through a social networking site, with the intent to threaten, intimidate, or alarm another person, the person knowingly sends or posts comments, requests, suggestions, or threats of physical harm to or about the other person or the other person’s property without legitimate purpose and in a manner that a reasonable person under the same circumstances would interpret to cause fear of physical or emotional harm to the person or the person’s property.
    Sec. 3.  Section 708.7, subsection 3, paragraph a, Code 2019, is amended to read as follows:
   a.  A person commits harassment in the second degree when the person commits harassment involving a threat to commit bodily injury, commits harassment involving a violation of subsection 1, paragraph “c”, or commits harassment and has previously been convicted of harassment two times under this section or any similar statute during the preceding ten years.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offenses of assault by threat of a targeted attack and cyber harassment, and provides penalties.
   The bill provides that any person who threatens to cause serious injury or death to persons assembled in a public place, school building, or any occupied structure other than a single-family residence which thereby places such persons in reasonable apprehension of serious injury or death, or who threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out, commits a class “D” felony. 
   The bill defines “public place” as an indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.
   Code section 702.12 defines “occupied structure” as any building, structure, appurtenances to buildings and structures, land, water or air vehicle, or similar place adapted for overnight accommodation of persons, or occupied by persons for the purpose of carrying on business or other activity therein, or for the storage or safekeeping of anything of value. Such a structure is an “occupied structure” whether or not a person is actually present.
   Code section 702.18 defines “serious injury” as any of the following: disabling mental illness; bodily injury which creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ; or any injury to a child that requires surgical repair and necessitates the administration of general anesthesia. “Serious injury” includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill provides that a person commits cyberharassment when, while making an online communication using an electronic device or through a social networking site, with the intent to threaten, intimidate, or alarm another person, the person knowingly sends or posts comments, requests, suggestions, or threats of physical harm to or about the other person or the other person’s property without legitimate purpose and in a manner that a reasonable person under the same circumstances would interpret to cause fear of physical or emotional harm to the person or the person’s property.
   The bill provides that cyberharassment is harassment in the second degree and is a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.