Senate
File
414
-
Introduced
SENATE
FILE
414
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
88)
A
BILL
FOR
An
Act
relating
to
the
use
of
a
simulated
firearm
or
simulated
1
explosive
when
committing
a
robbery,
the
criminal
offense
of
2
intimidation,
or
other
crimes,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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414
Section
1.
NEW
SECTION
.
702.26
Simulated
firearm
or
1
simulated
explosive.
2
A
simulated
firearm
or
simulated
explosive
is
a
device
3
or
explosive
that
appears
to
be
a
firearm
or
explosive
when
4
displayed
or
when
represented
to
be
a
firearm
or
explosive.
5
Sec.
2.
Section
708.6,
Code
2017,
is
amended
to
read
as
6
follows:
7
708.6
Intimidation
with
a
dangerous
weapon
or
simulated
8
firearm
or
simulated
explosive
.
9
1.
A
person
commits
a
class
“C”
felony
when
the
person,
10
with
the
intent
to
injure
or
provoke
fear
or
anger
in
another,
11
shoots,
throws,
launches,
or
discharges
a
dangerous
weapon
12
or
displays
or
represents
a
simulated
firearm
or
simulated
13
explosive
to
be
a
firearm
or
explosive
capable
of
being
shot,
14
thrown,
launched,
or
discharged
at,
into,
or
in
a
building,
15
vehicle,
airplane,
railroad
engine,
railroad
car,
or
boat,
16
occupied
by
another
person,
or
within
an
assembly
of
people,
17
and
thereby
places
the
occupants
or
people
in
reasonable
18
apprehension
of
serious
injury
or
threatens
to
commit
such
an
19
act
under
circumstances
raising
a
reasonable
expectation
that
20
the
threat
will
be
carried
out.
21
2.
A
person
commits
a
class
“D”
felony
when
the
person
22
shoots,
throws,
launches,
or
discharges
a
dangerous
weapon
23
or
displays
or
represents
a
simulated
firearm
or
simulated
24
explosive
to
be
a
firearm
or
explosive
capable
of
being
shot,
25
thrown,
launched,
or
discharged
at,
into,
or
in
a
building,
26
vehicle,
airplane,
railroad
engine,
railroad
car,
or
boat,
27
occupied
by
another
person,
or
within
an
assembly
of
people,
28
and
thereby
places
the
occupants
or
people
in
reasonable
29
apprehension
of
serious
injury
or
threatens
to
commit
such
an
30
act
under
circumstances
raising
a
reasonable
expectation
that
31
the
threat
will
be
carried
out.
32
Sec.
3.
Section
711.2,
Code
2017,
is
amended
to
read
as
33
follows:
34
711.2
Robbery
in
the
first
degree.
35
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414
A
person
commits
robbery
in
the
first
degree
when,
while
1
perpetrating
a
robbery,
the
person
purposely
inflicts
or
2
attempts
to
inflict
serious
injury,
or
is
armed
with
a
3
dangerous
weapon
or
simulated
firearm
.
Robbery
in
the
first
4
degree
is
a
class
“B”
felony.
5
Sec.
4.
Section
723A.1,
subsection
1,
paragraph
c,
Code
6
2017,
is
amended
to
read
as
follows:
7
c.
An
offense
constituting
a
violation
of
section
708.6
8
involving
intimidation
with
a
dangerous
weapon
or
simulated
9
firearm
or
simulated
explosive
.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
use
of
a
simulated
firearm
or
14
simulated
explosive
when
committing
a
robbery,
the
criminal
15
offense
of
intimidation,
or
other
crimes.
16
The
bill
defines
a
simulated
firearm
or
simulated
explosive
17
to
mean
a
device
or
explosive
that
appears
to
be
a
firearm
or
18
explosive
when
displayed
or
when
represented
to
be
a
firearm
19
or
explosive.
20
The
bill
modifies
the
definition
of
robbery
in
the
first
21
degree
to
include
instances
when
a
person
is
armed
with
a
22
simulated
firearm.
Robbery
in
the
first
degree
is
a
class
“B”
23
forcible
felony
and
is
subject
to
70
percent
sentence
under
24
Code
section
902.12.
A
class
“B”
felony
is
punishable
by
25
confinement
for
no
more
than
25
years.
26
The
bill
modifies
the
elements
of
the
criminal
offense
27
of
intimidation
with
a
dangerous
weapon
to
include
use
of
a
28
simulated
firearm
or
simulated
explosive.
29
Under
the
bill,
a
person
commits
intimidation
with
a
30
dangerous
weapon
classified
as
a
class
“C”
felony,
if
the
31
person,
with
the
intent
to
injure
or
provoke
fear
or
anger
in
32
another,
shoots,
throws,
launches,
or
discharges
a
dangerous
33
weapon
or
displays
or
represents
a
simulated
firearm
or
34
simulated
explosive
to
be
a
firearm
or
explosive
capable
of
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being
shot,
thrown,
launched,
or
discharged
at,
into,
or
in
a
1
building,
vehicle,
airplane,
railroad
engine,
railroad
car,
2
or
boat,
occupied
by
another
person,
or
within
an
assembly
3
of
people,
and
thereby
places
the
occupants
or
people
in
4
reasonable
apprehension
of
serious
injury
or
threatens
to
5
commit
such
an
act
under
circumstances
raising
a
reasonable
6
expectation
that
the
threat
will
be
carried
out.
A
class
“C”
7
felony
is
punishable
by
confinement
for
no
more
than
10
years
8
and
a
fine
of
at
least
$1,000
but
not
more
than
$10,000.
9
Under
the
bill,
a
person
commits
intimidation
with
a
10
dangerous
weapon
classified
as
a
class
“D”
felony,
if
the
11
person
shoots,
throws,
launches,
or
discharges
a
dangerous
12
weapon
or
displays
or
represents
a
simulated
firearm
or
13
simulated
explosive
to
be
a
firearm
or
explosive
capable
of
14
being
shot,
thrown,
launched,
or
discharged
at,
into,
or
in
a
15
building,
vehicle,
airplane,
railroad
engine,
railroad
car,
16
or
boat,
occupied
by
another
person,
or
within
an
assembly
17
of
people,
and
thereby
places
the
occupants
or
people
in
18
reasonable
apprehension
of
serious
injury
or
threatens
to
19
commit
such
an
act
under
circumstances
raising
a
reasonable
20
expectation
that
the
threat
will
be
carried
out.
A
class
“D”
21
felony
is
punishable
by
confinement
for
no
more
than
five
years
22
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
23
The
bill
adds
the
definition
of
simulated
firearm
or
24
simulated
explosive
to
Code
chapter
702
(criminal
code
25
definitions).
The
term
“simulated
explosive”
appears
in
Code
26
sections
708.7
(harassment)
and
712.6
(explosive
or
incendiary
27
device).
By
adding
the
definition
of
“simulated
explosive”
to
28
Code
chapter
702
(criminal
code
definitions),
the
bill
also
29
codifies
the
definitions
for
“simulated
explosive”
under
Code
30
sections
708.7
(harassment)
and
712.6
(explosives
or
incendiary
31
device).
32
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