Senate File 2173 - Introduced SENATE FILE 2173 BY KINNEY 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 TLSB 6027XS (2) 89 as/rh

S.F. 2173 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 2022, 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 2022, is amended to read as 33 follows: 34 711.2 Robbery in the first degree. 35 -1- LSB 6027XS (2) 89 as/rh 1/ 3

S.F. 2173 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 2022, 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 35 -2- LSB 6027XS (2) 89 as/rh 2/ 3

S.F. 2173 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 $1,370 but not more than $13,660. 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 $1,025 but not more than $10,245. 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 -3- LSB 6027XS (2) 89 as/rh 3/ 3