Senate
File
2185
-
Introduced
SENATE
FILE
2185
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3121)
A
BILL
FOR
An
Act
relating
to
a
criminal
trespass
that
results
in
a
1
violation
of
a
person’s
expectation
of
privacy,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2185
Section
1.
Section
716.7,
subsection
2,
paragraph
a,
Code
1
2016,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(7)
Intentionally
viewing,
3
photographing,
or
filming
another
person
through
the
window
or
4
any
other
aperture
of
a
dwelling,
without
legitimate
purpose,
5
while
present
on
the
real
property
upon
which
the
dwelling
is
6
located,
or
while
placing
on
or
retrieving
from
such
property
7
equipment
to
view,
photograph,
or
film
another
person,
if
the
8
person
being
viewed,
photographed,
or
filmed
has
a
reasonable
9
expectation
of
privacy,
and
if
the
person
being
viewed,
10
photographed,
or
filmed
does
not
consent
or
cannot
consent
to
11
being
viewed,
photographed,
or
filmed.
12
Sec.
2.
Section
716.8,
subsection
1,
Code
2016,
is
amended
13
to
read
as
follows:
14
1.
Any
person
who
knowingly
trespasses
upon
the
property
of
15
another
commits
a
simple
misdemeanor
,
except
that
any
person
16
who
intentionally
trespasses
as
defined
in
section
716.7,
17
subsection
2,
paragraph
“a”
,
subparagraph
(7),
commits
a
18
serious
misdemeanor
.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
a
criminal
trespass
that
results
in
a
23
violation
of
a
person’s
expectation
of
privacy.
24
The
bill
amends
Code
section
716.7
by
providing
that
a
person
25
commits
criminal
trespass
if
the
person
intentionally
views,
26
photographs,
or
films
another
person
through
the
window
or
27
any
other
aperture
of
a
dwelling,
without
legitimate
purpose,
28
while
present
on
the
real
property
upon
which
the
dwelling
is
29
located,
or
while
placing
upon
or
retrieving
from
such
property
30
equipment
to
view,
photograph,
or
film
another
person,
if
the
31
person
being
viewed,
photographed,
or
filmed
has
a
reasonable
32
expectation
of
privacy,
and
if
the
person
being
viewed,
33
photographed,
or
filmed
does
not
consent
or
cannot
consent
to
34
being
viewed,
photographed,
or
filmed.
35
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2185
The
bill
amends
Code
section
716.8
by
providing
that
a
1
person
who
violates
the
provisions
of
the
bill
commits
a
2
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
by
3
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
4
$315
but
not
more
than
$1,875.
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