Senate Study Bill 3121 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) 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 TLSB 5988XC (2) 86 jm/rj
S.F. _____ 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 -1- LSB 5988XC (2) 86 jm/rj 1/ 2
S.F. _____ 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. 5 -2- LSB 5988XC (2) 86 jm/rj 2/ 2