Senate File 201 - Introduced SENATE FILE 201 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 1070) A BILL FOR An Act relating to the criminal offense of stalking committed 1 while utilizing a technological device and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1699SV (2) 90 as/rh

S.F. 201 Section 1. Section 708.11, subsection 1, Code 2023, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. “Technological device” means any 3 computer, cellular phone, smartphone, digital camera, video 4 camera, audio recording device, or other electronic device that 5 can be used for creating, storing, or transmitting information 6 in the form of electronic data. 7 Sec. 2. Section 708.11, subsection 3, Code 2023, is amended 8 to read as follows: 9 3. a. A person who commits stalking in violation of this 10 section commits a class “C” felony for a third or subsequent 11 offense. if any of the following apply: 12 (1) The person commits stalking while subject to 13 restrictions contained in a criminal or civil protective 14 order or injunction, or any other court order which prohibits 15 contact between the person and the victim, or while subject to 16 restrictions contained in a criminal or civil protective order 17 or injunction, or any other court order which prohibits contact 18 between the person and another person against whom the person 19 has committed a public offense. 20 (2) The person commits stalking while in possession of a 21 dangerous weapon, as defined in section 702.7. 22 (3) The person commits stalking by directing a course of 23 conduct at a specific person who is under eighteen years of 24 age. 25 (4) The person utilizes a technological device while 26 committing stalking. 27 (5) For a third or subsequent offense. 28 b. A person who commits stalking in violation of this 29 section commits a class “D” felony if any of the following 30 apply: 31 (1) The person commits stalking while subject to 32 restrictions contained in a criminal or civil protective 33 order or injunction, or any other court order which prohibits 34 contact between the person and the victim, or while subject to 35 -1- LSB 1699SV (2) 90 as/rh 1/ 3

S.F. 201 restrictions contained in a criminal or civil protective order 1 or injunction or other court order which prohibits contact 2 between the person and another person against whom the person 3 has committed a public offense. 4 (2) The person commits stalking while in possession of a 5 dangerous weapon, as defined in section 702.7 . 6 (3) The person commits stalking by directing a course of 7 conduct at a specific person who is under eighteen years of 8 age. 9 (4) The offense is a second offense. 10 b. A person who commits stalking in violation of this 11 section commits a class “D” felony if the offense is a second 12 offense which is not included in paragraph “a” . 13 c. A person who commits stalking in violation of this 14 section commits an aggravated misdemeanor if the offense is a 15 first offense which is not included in paragraph “b” “a” . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the criminal offense of stalking 20 committed while utilizing a technological device. 21 Current law provides that a person who commits stalking 22 in violation of Code section 708.11 is subject to criminal 23 penalties ranging from an aggravated misdemeanor (confinement 24 for no more than two years and a fine of at least $855 but not 25 more than $8,540) to a class “C” felony (confinement for no 26 more than 10 years and a fine of at least $1,370 but no more 27 than $13,660), dependent upon the circumstances of the offense 28 including the number of times the person has committed the 29 offense. 30 The bill provides that a person who commits stalking 31 commits a class “C” felony if any of the following apply: 32 the person commits stalking while subject to a criminal or 33 civil protective order or injunction, or any other court order 34 which prohibits contact between the person and the victim or 35 -2- LSB 1699SV (2) 90 as/rh 2/ 3

S.F. 201 between the person and another person against whom the person 1 has committed a public offense; the person commits stalking 2 while in possession of a dangerous weapon; the person commits 3 stalking by directing a course of conduct at a specific 4 person who is under 18 years of age; the person utilizes a 5 technological device while committing stalking; or for a third 6 or subsequent stalking offense. 7 The bill provides that a person who commits stalking commits 8 a class “D” felony if the offense is a second offense and if 9 none of the elements making the offense a class “C” felony are 10 present. A person who commits stalking commits an aggravated 11 misdemeanor if the offense is a first offense and if none of 12 the elements making the offense a class “C” felony are present. 13 The bill provides a definition of “technological device”. 14 -3- LSB 1699SV (2) 90 as/rh 3/ 3