Senate File 84 H-1170 Amend Senate File 84, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 SEXUAL EXPLOITATION OF A MINOR > 4 2. Page 4, after line 24 by inserting: 5 < DIVISION ___ 6 STALKING UTILIZING A TECHNOLOGICAL DEVICE 7 Sec. ___. Section 692A.102, subsection 1, paragraph a, 8 subparagraph (6), subparagraph division (b), Code 2023, is 9 amended to read as follows: 10 (b) Stalking in violation of section 708.11 , if a 11 determination is made that the offense was sexually motivated 12 pursuant to section 692A.126 , except a violation of section 13 708.11, subsection 3 , paragraph “b” “a” , subparagraph (3), shall 14 be classified a tier II offense as provided in paragraph “b” . 15 Sec. ___. Section 692A.102, subsection 1, paragraph b, 16 subparagraph (8), Code 2023, is amended to read as follows: 17 (8) Stalking in violation of section 708.11, subsection 3 , 18 paragraph “b” “a” , subparagraph (3), if a determination is made 19 that the offense was sexually motivated pursuant to section 20 692A.126 . 21 Sec. ___. Section 708.11, subsection 1, paragraph b, Code 22 2023, is amended to read as follows: 23 b. “Course of conduct” means repeatedly maintaining a visual 24 or physical proximity to a person without legitimate purpose, 25 repeatedly utilizing a technological device to locate, listen 26 to, or watch a person without authorization or legitimate 27 purpose, or repeatedly conveying oral or written threats, 28 threats implied by conduct, or a combination thereof, directed 29 at or toward a person. 30 Sec. ___. Section 708.11, subsection 1, Code 2023, is 31 amended by adding the following new paragraph: 32 NEW PARAGRAPH . e. “Technological device” means any 33 computer, cellular phone, smartphone, digital camera, video 34 camera, audio recording device, global positioning device, or 35 -1- SF 84.1465 (2) 90 as/rh 1/ 3 #1. #2.

other electronic device that can be used for creating, storing, 1 or transmitting information in the form of electronic data. 2 Sec. ___. Section 708.11, subsection 3, Code 2023, is 3 amended to read as follows: 4 3. a. A person who commits stalking in violation of this 5 section commits a class “C” felony for a third or subsequent 6 offense. if any of the following apply: 7 (1) The person commits stalking while subject to 8 restrictions contained in a criminal or civil protective 9 order or injunction, or any other court order which prohibits 10 contact between the person and the victim, or while subject to 11 restrictions contained in a criminal or civil protective order 12 or injunction, or any other court order which prohibits contact 13 between the person and another person against whom the person 14 has committed a public offense. 15 (2) The person commits stalking while in possession of a 16 dangerous weapon, as defined in section 702.7. 17 (3) The person commits stalking by directing a course of 18 conduct at a specific person who is under eighteen years of 19 age. 20 (4) The person utilizes a technological device while 21 committing stalking. 22 (5) For a third or subsequent offense. 23 b. A person who commits stalking in violation of this 24 section commits a class “D” felony if any of the following 25 apply: 26 (1) The person commits stalking while subject to 27 restrictions contained in a criminal or civil protective 28 order or injunction, or any other court order which prohibits 29 contact between the person and the victim, or while subject to 30 restrictions contained in a criminal or civil protective order 31 or injunction or other court order which prohibits contact 32 between the person and another person against whom the person 33 has committed a public offense. 34 (2) The person commits stalking while in possession of a 35 -2- SF 84.1465 (2) 90 as/rh 2/ 3

dangerous weapon, as defined in section 702.7 . 1 (3) The person commits stalking by directing a course of 2 conduct at a specific person who is under eighteen years of 3 age. 4 (4) The offense is a second offense. 5 b. A person who commits stalking in violation of this 6 section commits a class “D” felony if the offense is a second 7 offense which is not included in paragraph “a” . 8 c. A person who commits stalking in violation of this 9 section commits an aggravated misdemeanor if the offense is a 10 first offense which is not included in paragraph “b” “a” . > 11 3. Title page, by striking lines 1 and 2 and inserting < An 12 Act relating to the criminal offenses of sexual exploitation of 13 a minor and stalking committed while utilizing a technological 14 device, and providing penalties. > 15 4. By renumbering, redesignating, and correcting internal 16 references as necessary. 17 ______________________________ P. THOMPSON of Boone -3- SF 84.1465 (2) 90 as/rh 3/ 3 #3. #4.