House File 526 - Reprinted HOUSE FILE 526 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 148) (As Amended and Passed by the House March 27, 2017 ) A BILL FOR An Act relating to the criminal offense of harassment or 1 invasion of privacy, providing penalties, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 526 (4) 87 jm/rh/rj/md

H.F. 526 Section 1. Section 232.8, subsection 1, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. The juvenile court shall have exclusive 3 jurisdiction in a proceeding concerning a child under the age 4 of eighteen alleged to have committed the offense of harassment 5 in violation of section 708.7, subsection 1, paragraph “a” , 6 subparagraph (5). 7 Sec. 2. Section 708.7, Code 2017, is amended to read as 8 follows: 9 708.7 Harassment. 10 1. a. A person commits harassment when, with intent to 11 intimidate, annoy, or alarm another person, the person does any 12 of the following: 13 (1) Communicates with another by telephone, telegraph, 14 writing, or via electronic communication without legitimate 15 purpose and in a manner likely to cause the other person 16 annoyance or harm. 17 (2) Places a simulated explosive or simulated incendiary 18 device in or near a building, vehicle, airplane, railroad 19 engine or railroad car, or boat occupied by another person. 20 (3) Orders merchandise or services in the name of another, 21 or to be delivered to another, without the other person’s 22 knowledge or consent. 23 (4) Reports or causes to be reported false information to a 24 law enforcement authority implicating another in some criminal 25 activity, knowing that the information is false, or reports the 26 alleged occurrence of a criminal act, knowing the act did not 27 occur. 28 (5) Disseminates, publishes, distributes, posts, or 29 causes to be disseminated, published, distributed, or posted a 30 photograph or film showing another person in a state of full or 31 partial nudity or engaged in a sex act, knowing that the other 32 person has not consented to the dissemination, publication, 33 distribution, or posting. 34 b. A person commits harassment when the person, purposefully 35 -1- HF 526 (4) 87 jm/rh/rj/md 1/ 3

H.F. 526 and without legitimate purpose, has personal contact with 1 another person, with the intent to threaten, intimidate, or 2 alarm that other person. As used in this section , unless 3 the context otherwise requires, “personal contact” means an 4 encounter in which two or more people are in visual or physical 5 proximity to each other. “Personal contact” does not require 6 a physical touching or oral communication, although it may 7 include these types of contacts. 8 2. a. A person commits harassment in the first degree when 9 the person commits harassment involving a any of the following: 10 (1) A threat to commit a forcible felony , or commits . 11 (2) A violation of subsection 1, paragraph “a” , subparagraph 12 (5). 13 (3) Commits harassment and has previously been convicted 14 of harassment three or more times under this section or any 15 similar statute during the preceding ten years. 16 b. Harassment in the first degree is an aggravated 17 misdemeanor. 18 3. a. A person commits harassment in the second degree 19 when the person commits harassment involving a threat to commit 20 bodily injury, or commits harassment and has previously been 21 convicted of harassment two times under this section or any 22 similar statute during the preceding ten years. 23 b. Harassment in the second degree is a serious misdemeanor. 24 4. a. Any other act of harassment is harassment in the 25 third degree. 26 b. Harassment in the third degree is a simple misdemeanor. 27 5. For purposes of determining whether or not the person 28 should register as a sex offender pursuant to the provisions 29 of chapter 692A , the fact finder shall make a determination as 30 provided in section 692A.126 . 31 6. The following do not constitute harassment under 32 subsection 1, paragraph “a” , subparagraph (5): 33 a. A photograph or film involving voluntary exposure by a 34 person in public or commercial settings. 35 -2- HF 526 (4) 87 jm/rh/rj/md 2/ 3

H.F. 526 b. Disclosures made in the public interest, including but 1 not limited to the reporting of unlawful conduct, disclosures 2 by law enforcement, news reporting, legal proceeding 3 disclosures, or medical treatment disclosures. 4 c. Disclosures by an interactive computer service of 5 information provided by another information content provider. 6 7. As used in this section, unless the context otherwise 7 requires: 8 a. “Full or partial nudity” means the showing of any part 9 of the human genitals or pubic area or buttocks, or any part 10 of the nipple of the breast of a female, with less than fully 11 opaque covering. 12 b. “Interactive computer service” means any information 13 service, system, or access software provider that provides or 14 enables computer access by multiple users to a computer server, 15 including specifically a service or system that provides access 16 to the internet and such a service or system operated or 17 offered by a library or educational institution. 18 c. “Information content provider” means any person or entity 19 that is responsible, in whole or in part, for the creation or 20 development of information provided through the internet or any 21 other interactive computer service. 22 d. “Personal contact” means an encounter in which two or 23 more people are in visual or physical proximity to each other. 24 “Personal contact” does not require a physical touching or oral 25 communication, although it may include these types of contacts. 26 e. “Photographs or films” means the making of any 27 photograph, motion picture film, videotape, or any other 28 recording or transmission of the image of a person. 29 f. “Sex act” means the same as defined in section 702.17. 30 Sec. 3. Section 709.21, subsection 1, paragraph a, Code 31 2017, is amended to read as follows: 32 a. The other person does not have knowledge about and 33 does not consent or is unable to consent to being viewed, 34 photographed, or filmed. 35 -3- HF 526 (4) 87 jm/rh/rj/md 3/ 3