House
File
455
-
Introduced
HOUSE
FILE
455
BY
BENNETT
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
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H.F.
455
Section
1.
Section
708.11,
subsection
1,
paragraph
b,
Code
1
2017,
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
2017,
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
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H.F.
455
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
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