House File 2213 - Introduced HOUSE FILE 2213 BY KRESSIG A BILL FOR An Act relating to intimidation with a dangerous weapon, and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5775YH (4) 87 jm/lh

H.F. 2213 Section 1. Section 708.6, Code 2018, is amended to read as 1 follows: 2 708.6 Intimidation with a dangerous weapon. 3 1. A person commits a class “C” felony when the person, 4 with the intent to injure or provoke fear or anger in another, 5 shoots, throws, launches, or discharges a dangerous weapon at, 6 into, or in a building, vehicle, airplane, railroad engine, 7 railroad car, or boat, occupied by another person, or within an 8 assembly of people, and thereby places the occupants or people 9 in reasonable apprehension of serious injury whether actually 10 occupied or not, or in the direction of another person, or 11 threatens to commit such an act under circumstances raising a 12 reasonable expectation that the threat will be carried out. 13 2. A person commits a class “D” felony when the person 14 shoots, throws, launches, or discharges a dangerous weapon at, 15 into, or in a building, vehicle, airplane, railroad engine, 16 railroad car, or boat, occupied by another person, or within an 17 assembly of people, and thereby places the occupants or people 18 in reasonable apprehension of serious injury whether occupied 19 or not, or in the direction of another person, or threatens to 20 commit such an act under circumstances raising a reasonable 21 expectation that the threat will be carried out. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to intimidation with a dangerous weapon. 26 The bill modifies the class “C” felony offense of 27 intimidation with a dangerous weapon offense to provide that 28 when a person, with the intent to injure or provoke fear or 29 anger in another, shoots, throws, launches, or discharges a 30 dangerous weapon at, into, or in a building, vehicle, airplane, 31 railroad engine, railroad car, or boat, it no longer matters 32 whether the building, vehicle, airplane, railroad engine, 33 railroad car, or boat is actually occupied or not. The bill 34 also provides that the offense is also committed when the 35 -1- LSB 5775YH (4) 87 jm/lh 1/ 2

H.F. 2213 weapon is discharged in the direction of another person. 1 Currently, a person commits the offense if the vehicle or 2 structure is occupied by another person, or the offense is 3 committed within an assembly of people, and the occupants of 4 the vehicle or structure or the assembly of people are placed 5 in reasonable apprehension of serious injury, in addition to 6 the other elements not stricken by the bill. 7 The bill similarly modifies the class “D” felony offense 8 of intimidation with a dangerous weapon offense to provide 9 that when a person shoots, throws, launches, or discharges a 10 dangerous weapon at, into, or in a building, vehicle, airplane, 11 railroad engine, railroad car, or boat, it does not matter 12 whether the building, vehicle, airplane, railroad engine, 13 railroad car, or boat is occupied or not. The bill also 14 modifies the class “D” felony offense to provide that the 15 offense is also committed when the weapon is discharged in the 16 direction of another person. Currently, a person commits the 17 offense if the vehicle or structure is occupied by another 18 person, or the offense is committed within an assembly of 19 people, and the occupants of the vehicle or structure or the 20 assembly of people are placed in reasonable apprehension of 21 serious injury, in addition to the other elements not stricken 22 by the bill. 23 A class “C” felony is punishable by confinement for no more 24 than 10 years and a fine of at least $1,000 but not more than 25 $10,000. A class “D” felony is punishable by confinement for 26 no more than five years and a fine of at least $750 but not more 27 than $7,500. 28 -2- LSB 5775YH (4) 87 jm/lh 2/ 2