Senate File 2027 - Introduced SENATE FILE 2027 BY SODDERS A BILL FOR An Act relating to harassment of minors, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5123SS (1) 85 ad/rj
S.F. 2027 Section 1. NEW SECTION . 708.7A Harassment of a minor. 1 1. a. A person eighteen years of age or older commits 2 harassment of a minor when the minor is fifteen years of age 3 or younger and the person purposefully and without legitimate 4 purpose, has personal contact with the minor after the parent 5 or guardian of the minor has prohibited that person from having 6 contact with the minor. 7 b. In order for the prohibition to apply, a parent or 8 guardian must prohibit a person from having contact with a 9 child by filling out a report with local law enforcement and 10 having law enforcement deliver that report to the person. The 11 report shall include the name of the child and the name of the 12 person who is prohibited from having contact with the child, 13 and the parent or guardian shall sign and date the report. Law 14 enforcement may refuse to deliver the report or enforce the 15 prohibition of contact if a law enforcement officer, within 16 that officer’s discretion, believes that the report filed by 17 the parent or guardian is frivolous or spurious in nature. 18 c. For purposes of this section: 19 (1) “Legitimate purpose” in relation to personal contact 20 with a child includes but is not limited to a person’s contact 21 with the child due to the nature of the person’s profession, 22 the person’s residence, or the person’s familial relationships. 23 (2) “Personal contact” means the same as defined in section 24 708.7. 25 2. a. A person commits harassment of a minor in the first 26 degree when the person commits harassment against a minor 27 and has previously been convicted of a sex offense against a 28 minor as defined in section 692A.101, subsection 28, or has 29 been convicted of an offense specified in the laws of another 30 jurisdiction or prosecuted in federal, military, or foreign 31 court that is comparable to an offense listed in section 32 692A.101, subsection 28. 33 b. Harassment of a minor in the first degree is a serious 34 misdemeanor. 35 -1- LSB 5123SS (1) 85 ad/rj 1/ 2
S.F. 2027 3. a. Any other act of harassment of a minor is harassment 1 of a minor in the second degree. 2 b. Harassment of a minor in the second degree is a simple 3 misdemeanor. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the harassment of minors by a person who 8 has been prohibited from having contact with the minor by that 9 minor’s parent or guardian. 10 The bill specifies that a person who purposefully, without 11 a legitimate purpose, has personal contact with a minor after 12 the minor’s parent or guardian has prohibited that person from 13 having contact with the minor commits harassment of a minor. 14 For purposes of the bill, the minor must be 15 years or younger 15 and the alleged perpetrator must be 18 years or older. The 16 bill provides that a parent or guardian prohibits contact with 17 the minor by filling out a report with local law enforcement 18 and having law enforcement deliver that report to the person 19 with whom the parent or guardian is prohibiting contact. Law 20 enforcement may refuse to deliver or enforce the report if law 21 enforcement believes it is frivolous. 22 The bill specifies that “personal contact” means an 23 encounter in which two or more people are in visual or physical 24 proximity to one another, but does not require touching or 25 communication. 26 A person who violates this bill commits a simple 27 misdemeanor. A simple misdemeanor is punishable by 28 confinement, not to exceed 30 days and a fine of at least $65 29 but not more than $625. 30 A person who violates this bill and has previously been 31 convicted of a sex offense against a minor or a comparable 32 offense commits a serious misdemeanor. A serious misdemeanor 33 is punishable by confinement not to exceed one year and a fine 34 of at least $315 but no more than $1,875. 35 -2- LSB 5123SS (1) 85 ad/rj 2/ 2