Senate File 2161 - Introduced SENATE FILE 2161 BY WEBSTER A BILL FOR An Act defining coercive control and including it in the 1 definition of domestic abuse. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6596XS (4) 91 dg/ko
S.F. 2161 Section 1. Section 236.2, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. “Assault” means the same as defined in 3 section 708.1. 4 NEW SUBSECTION . 001. a. “Coercive control” means a pattern 5 of behavior that is used to cause an individual to suffer 6 physical, emotional, or psychological harm, and, in purpose or 7 effect, unreasonably interferes with the individual’s free will 8 and personal liberty. In determining whether interference is 9 unreasonable, a court shall consider the context and impact of 10 the pattern of behavior from the perspective of an individual 11 in a similar situation as the individual the interference 12 affects. 13 b. “Coercive control” includes but is not limited to 14 engaging in any of the following: 15 (1) Intimidating, controlling, or compelling conduct 16 through any of the following: 17 (a) Damaging, destroying, threatening to damage or destroy, 18 or forcing an individual to relinquish goods, property, a 19 domestic animal, or an item of sentimental value. 20 (b) Using technology to threaten, humiliate, harass, stalk, 21 intimidate, exert undue influence over, or abuse an individual, 22 including but not limited to cyberstalking, monitoring, 23 surveilling, impersonating, manipulating electronic media, 24 or distributing or threatening to distribute an actual or 25 fabricated image of an intimate nature. 26 (c) Carrying, exhibiting, displaying, drawing, or 27 threatening to use a firearm or other weapon perceived to 28 be capable of bodily harm in a manner, under circumstances, 29 at a time, and in a place that either manifests an intent 30 to intimidate an individual or that warrants alarm by the 31 individual for the individual’s safety, the safety of another 32 individual, or the safety of a domestic animal. 33 (d) Intentionally driving recklessly with an individual or 34 the individual’s children in the vehicle. 35 -1- LSB 6596XS (4) 91 dg/ko 1/ 4
S.F. 2161 (e) Communicating, directly or indirectly, the intent to do 1 any of the following: 2 (i) Harm an individual’s child, family member, friend, or 3 domestic animal. 4 (ii) Attempt suicide or other act of self-harm. 5 (iii) Harm an individual’s career or education. 6 (iv) Contact local or federal agencies based on an 7 individual’s actual or suspected immigration status. 8 (f) Exerting control over an individual’s identification 9 documents, including but not limited to the individual’s 10 driver’s license, social security card, or passport. 11 (g) Making, or threatening to make, an individual’s 12 private information public, including but not limited to the 13 individual’s sexual orientation, gender identity, medical 14 information, or behavioral health information. 15 (h) Unwanted sexual or reproductive acts, or threats 16 relating to unwanted sexual acts or reproductive acts. 17 (2) Causing dependence, confining an individual, or 18 physically restraining an individual; isolating an individual 19 from the individual’s friends, relatives, or domestic animal; 20 or preventing an individual from engaging in education, 21 employment, or other sources of support. 22 (3) Depriving an individual of basic necessities or 23 committing other forms of financial exploitation. 24 (4) Controlling, exerting undue influence over, interfering 25 with, regulating, or monitoring an individual’s movements, 26 communications, daily behavior, finances, economic resources, 27 access to services, or employment. 28 (5) Engaging in excessive or meritless litigation 29 to harass, coerce, or control an individual, exhaust an 30 individual’s financial resources, or compromise an individual’s 31 employment or housing. 32 (6) Engaging in psychological aggression, including but not 33 limited to inflicting fear, humiliation, or degradation on an 34 individual. 35 -2- LSB 6596XS (4) 91 dg/ko 2/ 4
S.F. 2161 c. “Coercive control” does not include protective actions 1 taken by an individual in good faith for the purpose of 2 protecting the individual’s self or the individual’s children 3 from the reasonably perceived risk of harm posed by another 4 individual. 5 Sec. 2. Section 236.2, subsection 2, Code 2026, is amended 6 to read as follows: 7 2. “Domestic abuse” means committing assault as defined 8 in section 708.1 under any of the following circumstances or 9 engaging in coercive control when the assault or coercive 10 control is between any of the following : 11 a. The assault is between family Family or household members 12 who resided together at the time of the assault or coercive 13 control . 14 b. The assault is between separated Separated spouses or 15 persons divorced from each other and not residing together at 16 the time of the assault or coercive control . 17 c. The assault is between persons Persons who are parents 18 of the same minor child, regardless of whether they have been 19 married or have lived together at any time. 20 d. The assault is between persons Persons who have been 21 family or household members residing together within the past 22 year and are not residing together at the time of the assault 23 or coercive control . 24 e. (1) The assault is between persons Persons who are in an 25 intimate relationship or have been in an intimate relationship 26 and have had contact within the past year of the assault or 27 coercive control . In determining whether persons are or have 28 been in an intimate relationship, the court may consider the 29 following nonexclusive list of factors: 30 (a) The duration of the relationship. 31 (b) The frequency of interaction. 32 (c) Whether the relationship has been terminated. 33 (d) The nature of the relationship, characterized by either 34 party’s expectation of sexual or romantic involvement. 35 -3- LSB 6596XS (4) 91 dg/ko 3/ 4
S.F. 2161 (2) A person may be involved in an intimate relationship 1 with more than one person at a time. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill defines coercive control and includes it within 6 the meaning of domestic abuse. By operation of law, a 7 temporary protective order or a protective order requiring a 8 defendant to cease domestic abuse of a plaintiff will require 9 the defendant to cease engaging in coercive control of the 10 plaintiff. 11 The bill defines “coercive control” as a pattern of behavior 12 that is used to cause an individual to suffer physical, 13 emotional, or psychological harm, and, in purpose or effect, 14 unreasonably interferes with the individual’s free will and 15 personal liberty. In determining whether interference is 16 unreasonable, a court shall consider the context and impact of 17 the pattern of behavior from the perspective of an individual 18 in a similar situation as the individual the interference 19 affects. The bill lists several acts that are included in 20 the meaning of “coercive control”. “Coercive control” does 21 not include protective actions taken by an individual in good 22 faith for the purpose of protecting the individual’s self or 23 the individual’s children from the reasonably perceived risk of 24 harm posed by another individual. 25 -4- LSB 6596XS (4) 91 dg/ko 4/ 4