House File 2130 - Introduced HOUSE FILE 2130 BY HEARTSILL A BILL FOR An Act modifying the criminal offense of harassment, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5038YH (4) 86 jm/nh
H.F. 2130 Section 1. Section 708.7, subsection 1, paragraph a, Code 1 2016, is amended by adding the following new subparagraphs: 2 NEW SUBPARAGRAPH . (5) Photographs or films the genitals, 3 anus, or female breast of the other person, or shows the other 4 person engaged in a sex act, without the consent of the other 5 person. 6 NEW SUBPARAGRAPH . (6) Publishes or distributes an 7 electronic or printed photograph, picture, or film that shows 8 the genitals, anus, or female breast of the other person, 9 or shows the other person engaged in a sex act, without the 10 consent of the other person. 11 Sec. 2. Section 708.7, subsection 2, paragraph a, Code 2016, 12 is amended to read as follows: 13 a. A person commits harassment in the first degree when 14 the person commits harassment involving a threat to commit 15 a forcible felony, commits harassment involving a violation 16 of subsection 1, paragraph “a” , subparagraph (5), or commits 17 harassment and has previously been convicted of harassment 18 three or more times under this section or any similar statute 19 during the preceding ten years. 20 Sec. 3. Section 708.7, subsection 3, paragraph a, Code 2016, 21 is amended to read as follows: 22 a. A person commits harassment in the second degree when the 23 person commits harassment involving a threat to commit bodily 24 injury, commits harassment involving a violation of subsection 25 1, paragraph “a” , subparagraph (6), or commits harassment and 26 has previously been convicted of harassment two times under 27 this section or any similar statute during the preceding ten 28 years. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the criminal offense of harassment. 33 The bill modifies the criminal offense of harassment in 34 violation of Code section 708.7 to include when a person, with 35 -1- LSB 5038YH (4) 86 jm/nh 1/ 2
H.F. 2130 intent to intimidate, annoy, or alarm another person, films the 1 genitals, anus, or female breast of the other person, or shows 2 the other person engaged in a sex act, without the consent of 3 the other person. A person who violates this provision commits 4 harassment in the first degree. Harassment in the first degree 5 is an aggravated misdemeanor. An aggravated misdemeanor is 6 punishable by confinement for no more than two years and a fine 7 of at least $625 but not more than $6,250. 8 The bill modifies the criminal offense of harassment to also 9 include when a person, with intent to intimidate, annoy, or 10 alarm another person, publishes or distributes an electronic or 11 printed photograph, picture, or film that shows the genitals, 12 anus, or female breast of the other person, or shows the 13 other person engaged in a sex act, without the consent of the 14 other person. A person who violates this provision commits 15 harassment in the second degree. Harassment in the second 16 degree is a serious misdemeanor. A serious misdemeanor is 17 punishable by confinement for no more than one year and a fine 18 of at least $315 but not more than $1,875. 19 A person who commits any type of harassment in violation of 20 Code section 708.7 also commits interference with judicial acts 21 if the harassment involves a judicial officer, court employee, 22 or family member of a judicial officer or court employee, 23 and the harassment is with the intent to interfere with or 24 improperly influence, or in retaliation for, the official 25 acts of a judicial officer or court employee. A person who 26 commits interference with judicial acts commits an aggravated 27 misdemeanor. 28 A person convicted of harassment may also be required to 29 register as a sex offender if the offense is determined to be 30 sexually motivated. 31 -2- LSB 5038YH (4) 86 jm/nh 2/ 2