CHAPTER 708ASSAULTReferred to in 13.2, 331.307, 364.22, 633.535, 692A.102, 692A.126, 701.1, 724.8
708.1Assault defined.
708.2Penalties for assault.
708.2ADomestic abuse assault — mandatory minimums, penalties enhanced — extension of no-contact order.
708.2BTreatment of domestic abuse offenders.
708.2CAssault in violation of individual rights — penalties.
708.3Assault while participating in a felony.
708.3AAssaults on persons engaged in certain occupations.
708.3BInmate assaults — bodily fluids or secretions.
708.4Willful injury.
708.5Administering harmful substances.
708.6Intimidation with a dangerous weapon.
708.7Harassment.
708.8Going armed with intent.
708.9Spring guns and traps.
708.10Hazing.
708.11Stalking.
708.11AUnauthorized placement of global positioning device.
708.12Removal of an officer’s communication or control device.
708.13Disarming a peace officer of a dangerous weapon.
708.14Abuse of a corpse.
708.15Sexual motivation.
708.1Assault defined.1.  An assault as defined in this section is a general intent crime.2.  A person commits an assault when, without justification, the person does any of the following:a.  Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.b.  Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.c.  Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.3.   An act described in subsection 2 shall not be an assault under the following circumstances:a.  If the person doing any of the enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.b.   If the person doing any of the enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.[C51, §2594, 2597; R60, §4217, 4220; C73, §3875, 3878, 3879; C97, §4771, 4774, 4775; S13, §4771; C24, 27, 31, 35, 39, §12929, 12930, 12934; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §694.1, 694.2, 694.6; C79, 81, §708.1]95 Acts, ch 191, §49, 2002 Acts, ch 1094, §1, 2013 Acts, ch 90, §183Referred to in 135.108, 232.52, 236.2, 282.4, 707.2, 708.2, 708.2A, 708.2B, 708.2C, 708.3, 708.3A, 708.3B, 709.11, 714.3A, 719.1, 724.26, 905.15, 907.3708.2Penalties for assault.1.  A person who commits an assault, as defined in section 708.1, with the intent to inflict a serious injury upon another, is guilty of an aggravated misdemeanor.2.  A person who commits an assault, as defined in section 708.1, and who causes bodily injury or mental illness, is guilty of a serious misdemeanor.3.  A person who commits an assault, as defined in section 708.1, and uses or displays a dangerous weapon in connection with the assault, is guilty of an aggravated misdemeanor. This subsection does not apply if section 708.6 or 708.8 applies.4.  A person who commits an assault, as defined in section 708.1, without the intent to inflict serious injury, but who causes serious injury, is guilty of a class “D” felony.5.  A person who commits an assault, as defined in section 708.1, and who uses any object to penetrate the genitalia or anus of another person, is guilty of a class “C” felony.6.  Any other assault, except as otherwise provided, is a simple misdemeanor.[C51, §2593 – 2595, 2597; R60, §4216 – 4218, 4220; C73, §3874 – 3876, 3878, 3879; C97, §4770 – 4772, 4774, 4775; C24, 27, 31, 35, 39, §12929 – 12935; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §694.1 – 694.7; C79, 81, §708.2; 1981 Acts, ch 204, §3]87 Acts, ch 154, §8, 98 Acts, ch 1026, §1, 99 Acts, ch 65, §3, 2003 Acts, ch 132, §2, 2010 Acts, ch 1072, §2Referred to in 232.22, 692A.102, 702.11, 708.2A, 711.3A, 714.3A, 907.3
Assault upon national guard, §29A.44
Definition of forcible felony, §702.11
708.2ADomestic abuse assault — mandatory minimums, penalties enhanced — extension of no-contact order.1.  For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or “d”.2.  On a first offense of domestic abuse assault, the person commits:a.  A simple misdemeanor for a domestic abuse assault, except as otherwise provided.b.  A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness.c.  An aggravated misdemeanor, if the domestic abuse assault is committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in connection with the assault. This paragraph does not apply if section 708.6 or 708.8 applies.d.  An aggravated misdemeanor, if the domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.3.  Except as otherwise provided in subsection 2, on a second domestic abuse assault, a person commits:a.  A serious misdemeanor, if the first offense was classified as a simple misdemeanor, and the second offense would otherwise be classified as a simple misdemeanor.b.  An aggravated misdemeanor, if the first offense was classified as a simple or aggravated misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was classified as a serious or aggravated misdemeanor, and the second offense would otherwise be classified as a simple or serious misdemeanor.4.  On a third or subsequent offense of domestic abuse assault, a person commits a class “D” felony.5.  For a domestic abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury, the person commits a class “D” felony.6.a.  A conviction for, deferred judgment for, or plea of guilty to, a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense.b.  For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of section 708.2 or this section, which were issued on domestic abuse assaults, and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.c.  An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.7.a.  A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence. The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence. This section does not prohibit the court from sentencing and the person from serving the maximum term of confinement or from paying the maximum fine permitted pursuant to chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or sentence pursuant to section 907.3, if the person has not previously received a deferred sentence or judgment for a violation of section 708.2 or this section which was issued on a domestic abuse assault.b.  A person convicted of a violation referred to in subsection 4 shall be sentenced as provided under section 902.13.8.  If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.9.  The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 236.5. The clerk shall provide notice and copies of modifications of the judgment in the same manner.10.  In addition to the mandatory minimum term of confinement imposed by subsection 7, paragraph “a”, the court shall order a person convicted under subsection 2 or 3 to participate in a batterers’ treatment program as required under section 708.2B. In addition, as a condition of deferring judgment or sentence pursuant to section 907.3, the court shall order the person to participate in a batterers’ treatment program. The clerk of the district court shall send a copy of the judgment or deferred judgment to the judicial district department of correctional services.87 Acts, ch 154, §9, 91 Acts, ch 218, §27, 91 Acts, ch 219, §19, 20, 92 Acts, ch 1163, §118, 93 Acts, ch 157, §9, 94 Acts, ch 1093, §2, 95 Acts, ch 90, §1, 96 Acts, ch 1131, §3, 97 Acts, ch 33, §14, 98 Acts, ch 1192, §1, 99 Acts, ch 65, §4, 99 Acts, ch 114, §45, 2002 Acts, ch 1004, §4, 2006 Acts, ch 1101, §13, 14, 2012 Acts, ch 1002, §4, 5, 2013 Acts, ch 30, §249, 2017 Acts, ch 83, §1Referred to in 9E.2, 232.22, 232.52, 236.12, 236.18, 598.16, 598.41, 598C.305, 600A.8, 664A.1, 664A.2, 664A.6, 664A.7, 702.11, 708.2B, 902.13, 905.16, 907.3, 911.2B, 915.22708.2BTreatment of domestic abuse offenders.1.  As used in this section, “district department” means a judicial district department of correctional services, established pursuant to section 905.2.2.  A person convicted of, or receiving a deferred judgment for, domestic abuse assault as defined in section 708.2A, shall report to the district department in order to participate in a batterers’ treatment program for domestic abuse offenders. In addition, a person convicted of, or receiving a deferred judgment for, an assault, as defined in section 708.1, which is domestic abuse, as defined in section 236.2, subsection 2, paragraph “e”, may be ordered by the court to participate in a batterers’ treatment program. Participation in the batterers’ treatment program shall not require a person to be placed on probation, but a person on probation may participate in the program.3.  The district departments may contract for services in completing the duties relating to the batterers’ treatment programs. The district departments shall assess the fees for participation in the program, and shall either collect or contract for the collection of the fees to recoup the costs of treatment, but may waive the fee or collect a lesser amount upon a showing of cause. The fees shall be used by each of the district departments or contract service providers for the establishment, administration, coordination, and provision of direct services of the batterers’ treatment programs.4.  District departments or contract service providers shall receive upon request peace officers’ investigative reports regarding persons participating in programs under this section. The receipt of reports under this section shall not waive the confidentiality of the reports under section 22.7.91 Acts, ch 218, §28, 91 Acts, ch 219, §35, 95 Acts, ch 180, §15, 2002 Acts, ch 1004, §5, 2018 Acts, ch 1041, §115Referred to in 232.29, 232.46, 232.52, 236.18, 708.2A, 905.6
Section amended
708.2CAssault in violation of individual rights — penalties.1.  For the purposes of this chapter, “assault in violation of individual rights” means an assault, as defined in section 708.1, which is a hate crime as defined in section 729A.2.2.  A person who commits an assault in violation of individual rights, with the intent to inflict a serious injury upon another, is guilty of a class “D” felony.3.  A person who commits an assault in violation of individual rights, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.4.  A person who commits an assault in violation of individual rights and uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.5.  Any other assault in violation of individual rights, except as otherwise provided, is a serious misdemeanor.1992 Acts, ch 1157, §3; 1995 Acts, ch 90, §2Referred to in 729A.2708.3Assault while participating in a felony.Any person who commits an assault as defined in section 708.1 while participating in a felony other than a sexual abuse is guilty of:1.  A class “C” felony if the person thereby causes serious injury to any person.2.  A class “D” felony if no serious injury results.[C51, §2592, 2593, 2595; R60, §4215, 4216, 4218; C73, §3873, 3874, 3876; C97, §4769, 4770, 4772; C24, 27, 31, 35, 39, §12933, 12935, 12968; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §694.5, 694.7, 698.4; C79, 81, §708.3; 1981 Acts, ch 204, §4]2013 Acts, ch 90, §227Referred to in 80A.4708.3AAssaults on persons engaged in certain occupations.1.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, with the knowledge that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter and with the intent to inflict a serious injury upon the peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, is guilty of a class “D” felony.2.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.3.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.4.  Any other assault, as defined in section 708.1, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, is a serious misdemeanor.5.  As used in this section, the following definitions apply:a.  “Correctional staff” means a person who is not a peace officer but who is employed by the department of corrections or a judicial district department of correctional services to work at or in a correctional institution, community-based correctional facility, or an institution under the management of the Iowa department of corrections which is used for the purposes of confinement of persons who have committed public offenses.b.  “Employee of the department of human services” means a person who is an employee of an institution controlled by the director of human services that is listed in section 218.1, or who is an employee of the civil commitment unit for sex offenders operated by the department of human services. A person who commits an assault under this section against an employee of the department of human services at a department of human services institution or unit is presumed to know that the person against whom the assault is committed is an employee of the department of human services.c.  “Employee of the department of revenue” means a person who is employed as an auditor, agent, tax collector, or any contractor or representative acting in the same capacity. The employee, contractor, or representative shall maintain current identification indicating that the person is an employee, contractor, or representative of the department.d.  “Health care provider” means an emergency medical care provider as defined in chapter 147A or a person licensed or registered under chapter 148, 148C, 148D, or 152 who is providing or who is attempting to provide emergency medical services, as defined in section 147A.1, or who is providing or who is attempting to provide health services as defined in section 135.61 in a hospital. A person who commits an assault under this section against a health care provider in a hospital, or at the scene or during out-of-hospital patient transportation in an ambulance, is presumed to know that the person against whom the assault is committed is a health care provider.e.  “Jailer” means a person who is employed by a county or other political subdivision of the state to work at a county jail or other facility used for purposes of the confinement of persons who have committed public offenses, but who is not a peace officer.1995 Acts, ch 90, §3; 1996 Acts, ch 1069, §1; 1998 Acts, ch 1026, §2; 1999 Acts, ch 64, §1; 2004 Acts, ch 1135, §1,2; 2005 Acts, ch 3, §109; 2005 Acts, ch 140, §69,70; 2008 Acts, ch 1088, §140Referred to in 719.1708.3BInmate assaults — bodily fluids or secretions.A person who, while confined in a jail or in an institution or facility under the control of the department of corrections, commits any of the following acts commits a class “D” felony:1.  An assault, as defined under section 708.1, upon an employee of the jail or institution or facility under the control of the department of corrections, which results in the employee’s contact with blood, seminal fluid, urine, or feces.2.  An act which is intended to cause pain or injury or be insulting or offensive and which results in blood, seminal fluid, urine, or feces being cast or expelled upon an employee of the jail or institution or facility under the control of the department of corrections.1997 Acts, ch 79, §1708.4Willful injury.Any person who does an act which is not justified and which is intended to cause serious injury to another commits willful injury, which is punishable as follows:1.  A class “C” felony, if the person causes serious injury to another.2.  A class “D” felony, if the person causes bodily injury to another.[C51, §2577, 2594; R60, §4200, 4217; C73, §3857, 3875; C97, §4752, 4771, 4797; S13, §4771; C24, 27, 31, 35, 39, §12928, 12934, 12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §693.1, 694.6, 697.2; C79, 81, §708.4]99 Acts, ch 65, §5, 2013 Acts, ch 90, §184Referred to in 80A.4, 702.11708.5Administering harmful substances.Any person who administers to another or causes another to take, without the other person’s consent or by threat or deception, and for other than medicinal purposes, any poisonous, stupefying, stimulating, depressing, tranquilizing, narcotic, hypnotic, hallucinating, or anesthetic substance in sufficient quantity to have such effect, commits a class “D” felony.[C79, 81, §708.5]Referred to in 80A.4
See also chapters 124, 126, and 205
708.6Intimidation with a dangerous weapon.1.  A person commits a class “C” felony when the person, with the intent to injure or provoke fear or anger in another, shoots, throws, launches, or discharges a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people, and thereby places the occupants or people in reasonable apprehension of serious injury or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out.2.  A person commits a class “D” felony when the person shoots, throws, launches, or discharges a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people, and thereby places the occupants or people in reasonable apprehension of serious injury or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out.[C97, §4799, 4810; C24, 27, 31, 35, 39, §13081, 13123; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.2, 716.11; C79, 81, §708.6; 1981 Acts, ch 204, §5]93 Acts, ch 112, §1, 2, 2002 Acts, ch 1075, §8, 2018 Acts, ch 1041, §127Referred to in 80A.4, 708.2, 708.2A, 723A.1, 804.21
Code editor directive applied
708.7Harassment.1.a.  A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:(1)  Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.(2)  Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.(3)  Orders merchandise or services in the name of another, or to be delivered to another, without the other person’s knowledge or consent.(4)  Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.(5)  Disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.b.  A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. 2.a.  A person commits harassment in the first degree when the person commits harassment involving any of the following: (1)  A threat to commit a forcible felony. (2)  A violation of subsection 1, paragraph “a”, subparagraph (5).(3)  Commits harassment and has previously been convicted of harassment three or more times under this section or any similar statute during the preceding ten years.b.  Harassment in the first degree is an aggravated misdemeanor.3.a.  A person commits harassment in the second degree when the person commits harassment involving a threat to commit bodily injury, or commits harassment and has previously been convicted of harassment two times under this section or any similar statute during the preceding ten years.b.  Harassment in the second degree is a serious misdemeanor.4.a.  Any other act of harassment is harassment in the third degree.b.  Harassment in the third degree is a simple misdemeanor.5.  For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. However, the fact finder shall not make a determination as provided in section 692A.126 regarding a juvenile convicted of a violation of subsection 1, paragraph “a”, subparagraph (5), and the juvenile shall not be required to register as a sex offender with regard to the violation.6.  The following do not constitute harassment under subsection 1, paragraph “a”, subparagraph (5):a.  A photograph or film involving voluntary exposure by a person in public or commercial settings.b.  Disclosures made in the public interest, including but not limited to the reporting of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures.c.  Disclosures by an interactive computer service of information provided by another information content provider, as those terms are defined in 47 U.S.C. §230.7.  As used in this section, unless the context otherwise requires:a.  “Full or partial nudity” means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.b.  “Personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.c.  “Photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.d.  “Sex act” means the same as defined in section 702.17.[C71, 73, 75, 77, §714.37, 714.42; C79, 81, §708.7; 1982 Acts, ch 1209, §19]83 Acts, ch 96, §157, 159, 86 Acts, ch 1238, §28, 87 Acts, ch 13, §4, 89 Acts, ch 226, §1, 94 Acts, ch 1093, §3, 2000 Acts, ch 1132, §3, 2009 Acts, ch 119, §53, 2017 Acts, ch 117, §2Referred to in 232.8, 664A.2, 692A.102, 692A.126, 720.7
Harassment with intent to interfere with official judicial acts, see §720.7
708.8Going armed with intent.A person who goes armed with any dangerous weapon with the intent to use without justification such weapon against the person of another commits a class “D” felony. The intent required for a violation of this section shall not be inferred from the mere carrying or concealment of any dangerous weapon itself, including the carrying of a loaded firearm, whether in a vehicle or on or about a person’s body.[C35, §12935-g1; C39, §12935.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §695.1; C79, 81, §708.8]2017 Acts, ch 69, §4Referred to in 80A.4, 708.2, 708.2A, 723A.1708.9Spring guns and traps.Any person who in any place sets a spring gun or a trap which is intended to be sprung by a person and which can cause such person serious injury commits an aggravated misdemeanor.[C79, 81, §708.9]Referred to in 80A.4708.10Hazing.1.a.  A person commits an act of hazing when the person intentionally or recklessly engages in any act or acts involving forced activity which endanger the physical health or safety of a student for the purpose of initiation or admission into, or affiliation with, any organization operating in connection with a school, college, or university. Prohibited acts include, but are not limited to, any brutality of a physical nature such as whipping, forced confinement, or any other forced activity which endangers the physical health or safety of the student.b.  For purposes of this section, “forced activity” means any activity which is a condition of initiation or admission into, or affiliation with, an organization, regardless of a student’s willingness to participate in the activity.2.  A person who commits an act of hazing is guilty of a simple misdemeanor.3.  A person who commits an act of hazing which causes serious bodily injury to another is guilty of a serious misdemeanor.1989 Acts, ch 41, §1708.11Stalking.1.  As used in this section, unless the context otherwise requires:a.  “Accompanying offense” means any public offense committed as part of the course of conduct engaged in while committing the offense of stalking.b.  “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.c.  “Immediate family member” means a spouse, parent, child, sibling, or any other person who regularly resides in the household of a specific person, or who within the prior six months regularly resided in the household of a specific person.d.  “Repeatedly” means on two or more occasions.2.  A person commits stalking when all of the following occur:a.  The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened or to fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family.b.  The person has knowledge or should have knowledge that a reasonable person would feel terrorized, frightened, intimidated, or threatened or fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family by the course of conduct.3.a.  A person who commits stalking in violation of this section commits a class “C” felony 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.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”.4.  Violations of this section and accompanying offenses shall be considered prior offenses for the purpose of determining whether an offense is a second or subsequent offense. A conviction for, deferred judgment for, or plea of guilty to a violation of this section or an accompanying offense which occurred at any time prior to the date of the violation charged shall be considered in determining that the violation charged is a second or subsequent offense. Deferred judgments pursuant to section 907.3 for violations of this section or accompanying offenses and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section or accompanying offenses shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and its accompanying offenses and can therefore be considered corresponding statutes. Each previous violation of this section or an accompanying offense on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be considered and counted as a separate previous offense. In addition, however, accompanying offenses committed as part of the course of conduct engaged in while committing the violation of stalking charged shall be considered prior offenses for the purpose of that violation, even though the accompanying offenses occurred at approximately the same time. An offense shall be considered a second or subsequent offense regardless of whether it was committed upon the same person who was the victim of any other previous offense.5.  Notwithstanding section 804.1, rule of criminal procedure 2.7, Iowa court rules, or any other provision of law to the contrary, upon the filing of a complaint and a finding of probable cause to believe an offense has been committed in violation of this section, or after the filing of an indictment or information alleging a violation of this section, the court shall issue an arrest warrant, rather than a citation or summons. A peace officer shall not issue a citation in lieu of arrest for a violation of this section. Notwithstanding section 804.21 or any other provision of law to the contrary, a person arrested for stalking shall be immediately taken into custody and shall not be released pursuant to pretrial release guidelines, a bond schedule, or any similar device, until after the initial appearance before a magistrate. In establishing the conditions of release, the magistrate may consider the defendant’s prior criminal history, in addition to the other factors provided in section 811.2.6.  For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.92 Acts, ch 1179, §1, 94 Acts, ch 1093, §4, 98 Acts, ch 1021, §4, 2002 Acts, ch 1119, §106, 2009 Acts, ch 119, §54, 2017 Acts, ch 83, §2, 3Referred to in 9E.2, 664A.2, 692.22, 692A.102, 692A.126, 805.1, 811.1, 911.2B708.11AUnauthorized placement of global positioning device.1.  A person commits unauthorized placement of a global positioning device when the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.2.  A person who commits a violation of this section commits a serious misdemeanor.2017 Acts, ch 83, §4708.12Removal of an officer’s communication or control device.1.  As used in this section, “officer” means peace officer as defined in section 724.2A or a correctional officer.2.  A person who knowingly or intentionally removes or attempts to remove a communication device or any device used for control from the possession of an officer, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be an officer, commits the offense of removal of an officer’s communication or control device.3.a.  A person who removes or attempts to remove an officer’s communication or control device is guilty of a simple misdemeanor.b.  A person who knowingly or intentionally removes or attempts to remove a communication or control device from the possession of an officer with the intent to interfere with the communications or duties of the officer, is guilty of a serious misdemeanor.c.  If a violation of paragraph “a” results in bodily injury to the officer the person is guilty of a serious misdemeanor.d.  If a violation of paragraph “a” results in serious injury to the officer the person is guilty of an aggravated misdemeanor.e.  If a violation of paragraph “a” occurs and the person knowingly or intentionally causes bodily injury to the officer the person is guilty of an aggravated misdemeanor.f.  If a violation of paragraph “a” occurs and the person knowingly or intentionally causes serious injury to the officer the person is guilty of a class “D” felony.2013 Acts, ch 52, §2Referred to in 702.11708.13Disarming a peace officer of a dangerous weapon.1.  A person who knowingly or intentionally removes or attempts to remove a dangerous weapon, as defined in section 702.7, from the possession of a peace officer, as defined in section 724.2A, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be a peace officer, commits the offense of disarming a peace officer.2.  A person who disarms or attempts to disarm a peace officer is guilty of a class “D” felony.3.  A person who discharges the dangerous weapon while disarming or attempting to disarm the peace officer commits a class “C” felony.1999 Acts, ch 44, §1708.14Abuse of a corpse.1.  A person commits abuse of a human corpse if the person does any of the following:a.  Mutilates, disfigures, or dismembers a human corpse with the intent to conceal a crime.b.  Hides or buries a human corpse with the intent to conceal a crime.2.  A person who violates this section commits a class “D” felony.2010 Acts, ch 1074, §3708.15Sexual motivation.A person convicted of any indictable offense under this chapter shall be required to register as a sex offender pursuant to the provisions of chapter 692A, if the offense was committed against a minor and the fact finder makes a determination that the offense was sexually motivated pursuant to section 692A.126.2010 Acts, ch 1104, §15, 23