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Senate Study Bill 1009 - IntroducedA Bill ForAn Act 1establishing the criminal offense of assault by threat
2of a targeted attack, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 708.6A Threat of targeted attack.
21. Any person who threatens to cause serious injury or
3death to persons assembled in a public place, school building,
4or any occupied structure other than a single-family residence
5which thereby places such persons in reasonable apprehension of
6serious injury or death, or who threatens to commit such an act
7under circumstances raising a reasonable expectation that the
8threat will be carried out, commits a class “D” felony.
92. For purposes of this section, “public place” means an
10indoor or outdoor area, whether privately or publicly owned,
11to which the public has access by right or by invitation,
12expressed or implied, whether by payment of money or not, but
13not a place when used exclusively by one or more individuals
14for a private gathering or other personal purpose.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill establishes the criminal offense of assault by
19threat of a targeted attack and provides penalties.
20The bill provides that any person who threatens to cause
21serious injury or death to persons assembled in a public
22place, school building, or any occupied structure other than
23a single-family residence which thereby places such persons
24in reasonable apprehension of serious injury or death, or who
25threatens to commit such an act under circumstances raising a
26reasonable expectation that the threat will be carried out,
27commits a class “D” felony.
28The bill defines “public place” as an indoor or outdoor
29area, whether privately or publicly owned, to which the public
30has access by right or by invitation, expressed or implied,
31whether by payment of money or not, but not a place when used
32exclusively by one or more individuals for a private gathering
33or other personal purpose.
34Code section 702.12 defines “occupied structure” as any
35building, structure, appurtenances to buildings and structures,
-1-1land, water or air vehicle, or similar place adapted for
2overnight accommodation of persons, or occupied by persons for
3the purpose of carrying on business or other activity therein,
4or for the storage or safekeeping of anything of value. Such a
5structure is an “occupied structure” whether or not a person is
6actually present.
7Code section 702.18 defines “serious injury” as any of the
8following: disabling mental illness; bodily injury which
9creates a substantial risk of death, causes serious permanent
10disfigurement, or causes protracted loss or impairment of
11the function of any bodily member or organ; or any injury
12to a child that requires surgical repair and necessitates
13the administration of general anesthesia. “Serious injury”
14includes but is not limited to skull fractures, rib fractures,
15and metaphyseal fractures of the long bones of children under
16the age of four years.
17A class “D” felony is punishable by confinement for no more
18than five years and a fine of at least $750 but not more than
19$7,500.
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2of a targeted attack, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 708.6A Threat of targeted attack.
21. Any person who threatens to cause serious injury or
3death to persons assembled in a public place, school building,
4or any occupied structure other than a single-family residence
5which thereby places such persons in reasonable apprehension of
6serious injury or death, or who threatens to commit such an act
7under circumstances raising a reasonable expectation that the
8threat will be carried out, commits a class “D” felony.
92. For purposes of this section, “public place” means an
10indoor or outdoor area, whether privately or publicly owned,
11to which the public has access by right or by invitation,
12expressed or implied, whether by payment of money or not, but
13not a place when used exclusively by one or more individuals
14for a private gathering or other personal purpose.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill establishes the criminal offense of assault by
19threat of a targeted attack and provides penalties.
20The bill provides that any person who threatens to cause
21serious injury or death to persons assembled in a public
22place, school building, or any occupied structure other than
23a single-family residence which thereby places such persons
24in reasonable apprehension of serious injury or death, or who
25threatens to commit such an act under circumstances raising a
26reasonable expectation that the threat will be carried out,
27commits a class “D” felony.
28The bill defines “public place” as an indoor or outdoor
29area, whether privately or publicly owned, to which the public
30has access by right or by invitation, expressed or implied,
31whether by payment of money or not, but not a place when used
32exclusively by one or more individuals for a private gathering
33or other personal purpose.
34Code section 702.12 defines “occupied structure” as any
35building, structure, appurtenances to buildings and structures,
-1-1land, water or air vehicle, or similar place adapted for
2overnight accommodation of persons, or occupied by persons for
3the purpose of carrying on business or other activity therein,
4or for the storage or safekeeping of anything of value. Such a
5structure is an “occupied structure” whether or not a person is
6actually present.
7Code section 702.18 defines “serious injury” as any of the
8following: disabling mental illness; bodily injury which
9creates a substantial risk of death, causes serious permanent
10disfigurement, or causes protracted loss or impairment of
11the function of any bodily member or organ; or any injury
12to a child that requires surgical repair and necessitates
13the administration of general anesthesia. “Serious injury”
14includes but is not limited to skull fractures, rib fractures,
15and metaphyseal fractures of the long bones of children under
16the age of four years.
17A class “D” felony is punishable by confinement for no more
18than five years and a fine of at least $750 but not more than
19$7,500.
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