Senate File 275 - Introduced SENATE FILE 275 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1009) A BILL FOR An Act relating to the criminal offenses of assault by threat 1 of a targeted attack and cyberharassment, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1348SV (2) 88 as/rh

S.F. 275 Section 1. NEW SECTION . 708.6A Threat of targeted attack. 1 1. Any person who threatens to cause serious injury or 2 death to persons assembled in a public place, school building, 3 or any occupied structure other than a single-family residence 4 which thereby places such persons in reasonable apprehension of 5 serious injury or death, or who threatens to commit such an act 6 under circumstances raising a reasonable expectation that the 7 threat will be carried out, commits a class “D” felony. 8 2. For purposes of this section, “public place” means an 9 indoor or outdoor area, whether privately or publicly owned, 10 to which the public has access by right or by invitation, 11 expressed or implied, whether by payment of money or not, but 12 not a place when used exclusively by one or more individuals 13 for a private gathering or other personal purpose. 14 Sec. 2. Section 708.7, subsection 1, Code 2019, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . c. A person commits cyberharassment when, 17 while making an online communication using an electronic 18 device or through a social networking site, with the intent 19 to threaten, intimidate, or alarm another person, the person 20 knowingly sends or posts comments, requests, suggestions, or 21 threats of physical harm to or about the other person or the 22 other person’s property without legitimate purpose and in a 23 manner that a reasonable person under the same circumstances 24 would interpret to cause fear of physical or emotional harm to 25 the person or the person’s property. 26 Sec. 3. Section 708.7, subsection 3, paragraph a, Code 2019, 27 is amended to read as follows: 28 a. A person commits harassment in the second degree when the 29 person commits harassment involving a threat to commit bodily 30 injury, commits harassment involving a violation of subsection 31 1, paragraph “c” , or commits harassment and has previously been 32 convicted of harassment two times under this section or any 33 similar statute during the preceding ten years. 34 EXPLANATION 35 -1- LSB 1348SV (2) 88 as/rh 1/ 3

S.F. 275 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill establishes the criminal offenses of assault by 3 threat of a targeted attack and cyber harassment, and provides 4 penalties. 5 The bill provides that any person who threatens to cause 6 serious injury or death to persons assembled in a public 7 place, school building, or any occupied structure other than 8 a single-family residence which thereby places such persons 9 in reasonable apprehension of serious injury or death, or who 10 threatens to commit such an act under circumstances raising a 11 reasonable expectation that the threat will be carried out, 12 commits a class “D” felony. 13 The bill defines “public place” as an indoor or outdoor 14 area, whether privately or publicly owned, to which the public 15 has access by right or by invitation, expressed or implied, 16 whether by payment of money or not, but not a place when used 17 exclusively by one or more individuals for a private gathering 18 or other personal purpose. 19 Code section 702.12 defines “occupied structure” as any 20 building, structure, appurtenances to buildings and structures, 21 land, water or air vehicle, or similar place adapted for 22 overnight accommodation of persons, or occupied by persons for 23 the purpose of carrying on business or other activity therein, 24 or for the storage or safekeeping of anything of value. Such a 25 structure is an “occupied structure” whether or not a person is 26 actually present. 27 Code section 702.18 defines “serious injury” as any of the 28 following: disabling mental illness; bodily injury which 29 creates a substantial risk of death, causes serious permanent 30 disfigurement, or causes protracted loss or impairment of 31 the function of any bodily member or organ; or any injury 32 to a child that requires surgical repair and necessitates 33 the administration of general anesthesia. “Serious injury” 34 includes but is not limited to skull fractures, rib fractures, 35 -2- LSB 1348SV (2) 88 as/rh 2/ 3

S.F. 275 and metaphyseal fractures of the long bones of children under 1 the age of four years. 2 A class “D” felony is punishable by confinement for no more 3 than five years and a fine of at least $750 but not more than 4 $7,500. 5 The bill provides that a person commits cyberharassment 6 when, while making an online communication using an electronic 7 device or through a social networking site, with the intent 8 to threaten, intimidate, or alarm another person, the person 9 knowingly sends or posts comments, requests, suggestions, or 10 threats of physical harm to or about the other person or the 11 other person’s property without legitimate purpose and in a 12 manner that a reasonable person under the same circumstances 13 would interpret to cause fear of physical or emotional harm to 14 the person or the person’s property. 15 The bill provides that cyberharassment is harassment in 16 the second degree and is a serious misdemeanor. A serious 17 misdemeanor is punishable by confinement for no more than one 18 year and a fine of at least $315 but not more than $1,875. 19 -3- LSB 1348SV (2) 88 as/rh 3/ 3