House File 526 H-1237 Amend House File 526 as follows: 1 1. Page 1, lines 5 and 6, by striking < invasion of privacy > 2 and inserting < harassment > 3 2. Page 1, line 6, by striking < 709.21, subsection 2 or 3 > 4 and inserting < 708.7, subsection 1, paragraph “a” , subparagraph 5 (5) > 6 3. By striking page 1, line 7, through page 3, line 15, and 7 inserting: 8 < Sec. ___. Section 708.7, Code 2017, is amended to read as 9 follows: 10 708.7 Harassment. 11 1. a. A person commits harassment when, with intent to 12 intimidate, annoy, or alarm another person, the person does any 13 of the following: 14 (1) Communicates with another by telephone, telegraph, 15 writing, or via electronic communication without legitimate 16 purpose and in a manner likely to cause the other person 17 annoyance or harm. 18 (2) Places a simulated explosive or simulated incendiary 19 device in or near a building, vehicle, airplane, railroad 20 engine or railroad car, or boat occupied by another person. 21 (3) Orders merchandise or services in the name of another, 22 or to be delivered to another, without the other person’s 23 knowledge or consent. 24 (4) Reports or causes to be reported false information to a 25 law enforcement authority implicating another in some criminal 26 activity, knowing that the information is false, or reports the 27 alleged occurrence of a criminal act, knowing the act did not 28 occur. 29 (5) Disseminates, publishes, distributes, posts, or 30 causes to be disseminated, published, distributed, or posted a 31 photograph or film showing another person in a state of full or 32 partial nudity or engaged in a sex act, knowing that the other 33 person has not consented to the dissemination, publication, 34 distribution, or posting. 35 -1- HF526.1710 (2) 87 jm/rj 1/ 4 #1. #2. #3.

b. A person commits harassment when the person, purposefully 1 and without legitimate purpose, has personal contact with 2 another person, with the intent to threaten, intimidate, or 3 alarm that other person. As used in this section , unless 4 the context otherwise requires, “personal contact” means an 5 encounter in which two or more people are in visual or physical 6 proximity to each other. “Personal contact” does not require 7 a physical touching or oral communication, although it may 8 include these types of contacts. 9 2. a. A person commits harassment in the first degree when 10 the person commits harassment involving a any of the following: 11 (1) A threat to commit a forcible felony , or commits . 12 (2) A violation of subsection 1, paragraph “a” , subparagraph 13 (5). 14 (3) Commits harassment and has previously been convicted 15 of harassment three or more times under this section or any 16 similar statute during the preceding ten years. 17 b. Harassment in the first degree is an aggravated 18 misdemeanor. 19 3. a. A person commits harassment in the second degree 20 when the person commits harassment involving a threat to commit 21 bodily injury, or commits harassment and has previously been 22 convicted of harassment two times under this section or any 23 similar statute during the preceding ten years. 24 b. Harassment in the second degree is a serious misdemeanor. 25 4. a. Any other act of harassment is harassment in the 26 third degree. 27 b. Harassment in the third degree is a simple misdemeanor. 28 5. For purposes of determining whether or not the person 29 should register as a sex offender pursuant to the provisions 30 of chapter 692A , the fact finder shall make a determination as 31 provided in section 692A.126 . 32 6. The following do not constitute harassment under 33 subsection 1, paragraph “a” , subparagraph (5): 34 a. A photograph or film involving voluntary exposure by a 35 -2- HF526.1710 (2) 87 jm/rj 2/ 4

person in public or commercial settings. 1 b. Disclosures made in the public interest, including but 2 not limited to the reporting of unlawful conduct, disclosures 3 by law enforcement, news reporting, legal proceeding 4 disclosures, or medical treatment disclosures. 5 c. Disclosures by an interactive computer service of 6 information provided by another information content provider. 7 7. As used in this section, unless the context otherwise 8 requires: 9 a. “Full or partial nudity” means the showing of any part 10 of the human genitals or pubic area or buttocks, or any part 11 of the nipple of the breast of a female, with less than fully 12 opaque covering. 13 b. “Interactive computer service” means any information 14 service, system, or access software provider that provides or 15 enables computer access by multiple users to a computer server, 16 including specifically a service or system that provides access 17 to the internet and such a service or system operated or 18 offered by a library or educational institution. 19 c. “Information content provider” means any person or entity 20 that is responsible, in whole or in part, for the creation or 21 development of information provided through the internet or any 22 other interactive computer service. 23 d. “Personal contact” means an encounter in which two or 24 more people are in visual or physical proximity to each other. 25 “Personal contact” does not require a physical touching or oral 26 communication, although it may include these types of contacts. 27 e. “Photographs or films” means the making of any 28 photograph, motion picture film, videotape, or any other 29 recording or transmission of the image of a person. 30 f. “Sex act” means the same as defined in section 702.17. 31 Sec. ___. Section 709.21, subsection 1, paragraph a, Code 32 2017, is amended to read as follows: 33 a. The other person does not have knowledge about and 34 does not consent or is unable to consent to being viewed, 35 -3- HF526.1710 (2) 87 jm/rj 3/ 4

photographed, or filmed. > 1 4. Title page, line 1, after < offense of > by inserting 2 < harassment or > 3 5. By renumbering as necessary. 4 ______________________________ HEARTSILL of Marion -4- HF526.1710 (2) 87 jm/rj 4/ 4 #4. #5.