HSB 647 (LSB 5216IC (4) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL)

A BILL FOR

An Act relating to the criminal offense of intimidation with a dangerous weapon.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.6, Code 2009, is amended to read as follows:
   708.6  Intimidation with a dangerous weapon.
   1.  A person commits a class “C” felony when the person, with the intent to injure or provoke fear or anger in another, shoots, throws, launches, or discharges a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people, and thereby places the occupants or people in reasonable apprehension of serious injury or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out.
   2.  A person commits a class “D” felony when the person recklessly shoots, throws, launches, or discharges a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people, and thereby places the occupants or people in reasonable apprehension of serious injury or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out.
EXPLANATION
   This bill relates to the criminal offense of intimidation with a dangerous weapon.
   The bill modifies the elements to prove a class “D” felony offense of intimidation with a dangerous weapon by adding a mens rea component to the offense. Under the bill, a person commits a class “D” felony intimidation with a dangerous weapon offense if a person “recklessly” performs the actions required to be convicted of such an offense.
   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.