Senate File 395 - Introduced SENATE FILE 395 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1225) A BILL FOR An Act relating to the definition of stalking and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2561SV (1) 86 jh/nh
S.F. 395 Section 1. Section 708.11, subsection 1, paragraph b, Code 1 2015, is amended to read as follows: 2 b. “Course of conduct” means repeatedly maintaining a visual 3 or physical proximity to a person without legitimate purpose , 4 repeatedly utilizing a technological device to locate, listen 5 to, or watch a person without legitimate purpose, or repeatedly 6 conveying oral or written threats, threats implied by conduct, 7 or a combination thereof, directed at or toward a person. 8 Sec. 2. Section 708.11, subsection 2, Code 2015, is amended 9 to read as follows: 10 2. A person commits stalking when all of the following 11 occur: 12 a. The person purposefully engages in a course of conduct 13 directed at a specific person that would cause a reasonable 14 person to feel terrorized, frightened, intimidated, or 15 threatened or to fear that the person intends to cause bodily 16 injury to, or the death of, that specific person or a member of 17 the specific person’s immediate family. 18 b. The person has knowledge or should have knowledge 19 that the specific person will be placed in reasonable fear 20 of a reasonable person would feel terrorized, frightened, 21 intimidated, or threatened or fear that the person intends to 22 cause bodily injury to, or the death of, that specific person 23 or a member of the specific person’s immediate family by the 24 course of conduct. 25 c. The person’s course of conduct induces fear in the 26 specific person of bodily injury to, or the death of, the 27 specific person or a member of the specific person’s immediate 28 family. 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 definition of stalking. 33 The bill expands the definition of “course of conduct” 34 for purposes of the definition of the crime of stalking 35 -1- LSB 2561SV (1) 86 jh/nh 1/ 2
S.F. 395 contained in Code section 708.11 to include situations where a 1 technological device is repeatedly used to locate, listen to, 2 or watch a person without a legitimate purpose. 3 The bill modifies the elements of the criminal offense 4 of stalking to provide that a person commits the crime of 5 stalking when the person both purposefully engages in a course 6 of conduct directed at a specific person that would cause a 7 reasonable person to feel terrorized, frightened, intimidated, 8 or threatened or to fear that the person intends to cause 9 bodily injury to, or the death of, that specific person or a 10 member of the specific person’s immediate family and the person 11 has knowledge or should have knowledge that a reasonable person 12 would feel terrorized, frightened, intimidated, or threatened 13 or fear that the person intends to cause bodily injury to, or 14 the death of, that specific person or a member of the specific 15 person’s immediate family. The bill eliminates a current 16 element of stalking requiring the person’s course of conduct to 17 actually induce fear in the victim of bodily injury to or death 18 of the victim or the victim’s family member. 19 A person who commits stalking in violation of Code section 20 708.11 is subject to criminal penalties ranging from an 21 aggravated misdemeanor (confinement for no more than two years 22 and a fine of at least $625 but not more than $6,250) to a class 23 “C” felony (confinement for no more than 10 years and a fine of 24 at least $1,000 but not more than $10,000). 25 -2- LSB 2561SV (1) 86 jh/nh 2/ 2