Senate File 201 - Reprinted SENATE FILE 201 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 1070) (As Amended and Passed by the Senate March 14, 2023 ) 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 SF 201 (3) 90 as/rh/mb

S.F. 201 Section 1. Section 692A.102, subsection 1, paragraph a, 1 subparagraph (6), subparagraph division (b), Code 2023, is 2 amended to read as follows: 3 (b) Stalking in violation of section 708.11 , if a 4 determination is made that the offense was sexually motivated 5 pursuant to section 692A.126 , except a violation of section 6 708.11, subsection 3 , paragraph “b” “a” , subparagraph (3), shall 7 be classified a tier II offense as provided in paragraph “b” . 8 Sec. 2. Section 692A.102, subsection 1, paragraph b, 9 subparagraph (8), Code 2023, is amended to read as follows: 10 (8) Stalking in violation of section 708.11, subsection 3 , 11 paragraph “b” “a” , subparagraph (3), if a determination is made 12 that the offense was sexually motivated pursuant to section 13 692A.126 . 14 Sec. 3. Section 708.11, subsection 1, paragraph b, Code 15 2023, is amended to read as follows: 16 b. “Course of conduct” means repeatedly maintaining a visual 17 or physical proximity to a person without legitimate purpose, 18 repeatedly utilizing a technological device to locate, listen 19 to, or watch a person without authorization or legitimate 20 purpose, or repeatedly conveying oral or written threats, 21 threats implied by conduct, or a combination thereof, directed 22 at or toward a person. 23 Sec. 4. Section 708.11, subsection 1, Code 2023, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . e. “Technological device” means any 26 computer, cellular phone, smartphone, digital camera, video 27 camera, audio recording device, global positioning device, or 28 other electronic device that can be used for creating, storing, 29 or transmitting information in the form of electronic data. 30 Sec. 5. Section 708.11, subsection 3, Code 2023, is amended 31 to read as follows: 32 3. a. A person who commits stalking in violation of this 33 section commits a class “C” felony for a third or subsequent 34 offense. if any of the following apply: 35 -1- SF 201 (3) 90 as/rh/mb 1/ 3

S.F. 201 (1) The person commits stalking while subject to 1 restrictions contained in a criminal or civil protective 2 order or injunction, or any other court order which prohibits 3 contact between the person and the victim, or while subject to 4 restrictions contained in a criminal or civil protective order 5 or injunction, or any other court order which prohibits contact 6 between the person and another person against whom the person 7 has committed a public offense. 8 (2) The person commits stalking while in possession of a 9 dangerous weapon, as defined in section 702.7. 10 (3) The person commits stalking by directing a course of 11 conduct at a specific person who is under eighteen years of 12 age. 13 (4) The person utilizes a technological device while 14 committing stalking. 15 (5) For a third or subsequent offense. 16 b. A person who commits stalking in violation of this 17 section commits a class “D” felony if any of the following 18 apply: 19 (1) The person commits stalking while subject to 20 restrictions contained in a criminal or civil protective 21 order or injunction, or any other court order which prohibits 22 contact between the person and the victim, or while subject to 23 restrictions contained in a criminal or civil protective order 24 or injunction or other court order which prohibits contact 25 between the person and another person against whom the person 26 has committed a public offense. 27 (2) The person commits stalking while in possession of a 28 dangerous weapon, as defined in section 702.7 . 29 (3) The person commits stalking by directing a course of 30 conduct at a specific person who is under eighteen years of 31 age. 32 (4) The offense is a second offense. 33 b. A person who commits stalking in violation of this 34 section commits a class “D” felony if the offense is a second 35 -2- SF 201 (3) 90 as/rh/mb 2/ 3

S.F. 201 offense which is not included in paragraph “a” . 1 c. A person who commits stalking in violation of this 2 section commits an aggravated misdemeanor if the offense is a 3 first offense which is not included in paragraph “b” “a” . 4 -3- SF 201 (3) 90 as/rh/mb 3/ 3