HF 183 (LSB 1039YH (2) 86)

HOUSE FILE 183

BY  HEARTSILL

A BILL FOR

An Act creating the criminal offense of invasion of privacy by trespassing and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  709.21A  Invasion of privacy by trespassing.
   1.  A person commits invasion of privacy by trespassing if all of the following apply:
   a.  The person knowingly views or photographs or films another person through the window or any other aperture of a house or place of dwelling of the other person.
   b.  The person is trespassing on the property of the other person as provided in section 716.7.
   c.  The other person does not consent or is unable to consent to the activity in paragraph “a”. 
   2.  As used in this section, “photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.
   3.  A person who violates this section commits an aggravated misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill creates the criminal offense of invasion of privacy by trespassing. 
   Under the bill, a person commits invasion of privacy by trespassing if the person views or photographs or films another person through the window or any other aperture of a house or dwelling of the other person, the person is trespassing on the property of the other person, as defined in Code section 716.7, and the other person does not consent or is unable to consent to such an activity. 
   The bill defines “photographs or films” to mean the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person in a house or place of dwelling.
   A person who violates the bill commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.