SF 201 (LSB 1699SV (2) 90)

SENATE FILE 201

BY  COMMITTEE ON TECHNOLOGY

(SUCCESSOR TO SSB 1070)

A BILL FOR

An Act relating to the criminal offense of stalking committed while utilizing a technological device and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.11, subsection 1, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  “Technological device” means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.
    Sec. 2.  Section 708.11, subsection 3, Code 2023, is amended to read as follows:
   3.  a.  A person who commits stalking in violation of this section commits a class “C” felony for a third or subsequent offense. if any of the following apply:
   (1)  The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
   (2)  The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
   (3)  The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
   (4)  The person utilizes a technological device while committing stalking.
   (5)  For a third or subsequent offense.
   b.  A person who commits stalking in violation of this section commits a class “D” felony if any of the following apply:
   (1)  The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
   (2)  The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
   (3)  The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
   (4)  The offense is a second offense.
   b.  A person who commits stalking in violation of this section commits a class “D” felony if the offense is a second offense which is not included in paragraph “a”.
   c.  A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph “b” “a”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of stalking committed while utilizing a technological device.
   Current law provides that a person who commits stalking in violation of Code section 708.11 is subject to criminal penalties ranging from an aggravated misdemeanor (confinement for no more than two years and a fine of at least $855 but not more than $8,540) to a class “C” felony (confinement for no more than 10 years and a fine of at least $1,370 but no more than $13,660), dependent upon the circumstances of the offense including the number of times the person has committed the offense.
   The bill provides that a person who commits stalking commits a class “C” felony if any of the following apply: the person commits stalking while subject to a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim or between the person and another person against whom the person has committed a public offense; the person commits stalking while in possession of a dangerous weapon; the person commits stalking by directing a course of conduct at a specific person who is under 18 years of age; the person utilizes a technological device while committing stalking; or for a third or subsequent stalking offense. 
   The bill provides that a person who commits stalking commits a class “D” felony if the offense is a second offense and if none of the elements making the offense a class “C” felony are present. A person who commits stalking commits an aggravated misdemeanor if the offense is a first offense and if none of the elements making the offense a class “C” felony are present.
   The bill provides a definition of “technological device”.