Senate File 384 - Introduced SENATE FILE 384 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 223) A BILL FOR An Act establishing the criminal offense of assault on a 1 pregnant person, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1848SV (1) 90 as/rh
S.F. 384 Section 1. NEW SECTION . 708.3C Assault on a pregnant person 1 —— penalties. 2 1. A person who commits an assault, as defined in section 3 708.1, against another person the person knew or should have 4 known to be pregnant, without the intent to inflict serious 5 injury, but who causes serious injury, is guilty of a class “C” 6 felony. 7 2. A person who commits an assault, as defined in section 8 708.1, against another person the person knew or should have 9 known to be pregnant, with the intent to inflict a serious 10 injury upon the other person, is guilty of a class “D” felony. 11 3. A person who commits an assault, as defined in section 12 708.1, against another person the person knew or should have 13 known to be pregnant, and uses or displays a dangerous weapon 14 in connection with the assault, is guilty of a class “D” 15 felony. 16 4. A person who commits an assault, as defined in section 17 708.1, against another person the person knew or should have 18 known to be pregnant, and who causes bodily injury or mental 19 illness, is guilty of an aggravated misdemeanor. 20 5. A person who commits any other assault against 21 another person the person knew or should have known to be 22 pregnant, except as otherwise provided, is guilty of a serious 23 misdemeanor. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill establishes the crime of assault on a pregnant 28 person. 29 The bill increases the penalties for assault, as provided 30 pursuant to Code section 708.1, comparatively by one degree, if 31 the person against whom the assault is perpetrated is someone 32 the perpetrator knew or should have known to be pregnant. 33 Under the bill, a person who commits an assault against 34 another person the person knew or should have known to be 35 -1- LSB 1848SV (1) 90 as/rh 1/ 2
S.F. 384 pregnant, without the intent to inflict serious injury, but 1 who causes serious injury, is guilty of a class “C” felony. 2 A class “C” felony is punishable by confinement for no more 3 than 10 years and a fine of at least $1,370 but not more than 4 $13,660. 5 A person who commits an assault against another person the 6 person knew or should have known to be pregnant, with the 7 intent to inflict a serious injury upon the other person, or 8 who uses or displays a dangerous weapon in connection with the 9 assault, is guilty of a class “D” felony. A class “D” felony 10 is punishable by confinement for no more than five years and a 11 fine of at least $1,025 but not more than $10,245. 12 A person who commits an assault against another person the 13 person knew or should have known to be pregnant, and who causes 14 bodily injury or mental illness, is guilty of an aggravated 15 misdemeanor. An aggravated misdemeanor is punishable by 16 confinement for no more than two years and a fine of at least 17 $855 but not more than $8,540. 18 A person who commits any other assault against another 19 person the person knew or should have known to be pregnant, 20 except as otherwise provided, is a serious misdemeanor. A 21 serious misdemeanor is punishable by confinement for no more 22 than one year and a fine of at least $430 but not more than 23 $2,560. 24 -2- LSB 1848SV (1) 90 as/rh 2/ 2