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Senate Study Bill 1227 - IntroducedA Bill ForAn Act 1relating to an offense involving trespass to
2agricultural production facilities, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 717A.3B Agricultural production
2facility trespass.
31. A person commits agricultural production facility
4trespass if the person does any of the following:
5a. Uses deception as described in section 702.9, subsection
61 or 2, on a matter that would reasonably result in a denial of
7access to an agricultural production facility that is not open
8to the public, and, through such deception, gains access to
9the agricultural production facility, with the intent to cause
10physical or economic harm or other injury to the agricultural
11production facility’s operations, agricultural animals, crop,
12owner, personnel, equipment, building, premises, business
13interest, or customer.
14b. Uses deception as described in section 702.9, subsection
151 or 2, on a matter that would reasonably result in a denial
16of an opportunity to be employed at an agricultural production
17facility that is not open to the public, and, through such
18deception, is so employed, with the intent to cause physical or
19economic harm or other injury to the agricultural production
20facility’s operations, agricultural animals, crop, owner,
21personnel, equipment, building, premises, business interest,
22or customer.
232. A person who commits agricultural production facility
24trespass is guilty of a serious misdemeanor for a first offense
25and an aggravated misdemeanor for a second or subsequent
26offense.
273. A person who conspires with another, as described in
28section 706.1, to commit agricultural production facility
29trespass is guilty of a serious misdemeanor for a first offense
30and an aggravated misdemeanor for a second or subsequent
31offense. For purposes of this subsection, a person commits
32conspiracy to commit agricultural production facility trespass,
33without regard to the limitation of criminal liability for
34conspiracy otherwise applicable under section 706.1, subsection
351.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill amends Code chapter 717A, which provides that a
5person who disrupts agricultural production at an agricultural
6production facility (facility) is subject to criminal
7prosecution. A facility is a location where agricultural
8animals or crops are maintained, and includes related real
9or personal property. The bill creates the criminal offense
10of agricultural production facility trespass which involves
11the use of deception to obtain access to a facility, which is
12not open to the public, with the intent to cause physical or
13economic harm or other injury to the facility’s operations,
14property, or persons. The offense also involves obtaining
15employment with the agricultural production facility by
16deception with the intent to cause physical or economic harm
17or other injury to the facility’s operations, property, or
18persons.
19A person who commits agricultural production facility
20trespass is guilty of a serious misdemeanor for a first offense
21and an aggravated misdemeanor for a second or subsequent
22offense. The bill also expressly provides for the application
23of the conspiracy statute. A person convicted of conspiracy
24under the bill’s provisions is guilty of a misdemeanor of the
25same class as the underlying offense.
26A serious misdemeanor is punishable by confinement for no
27more than one year and a fine of at least $315 but not more than
28$1,875. An aggravated misdemeanor is punishable by confinement
29for no more than two years and a fine of at least $625 but not
30more than $6,250.
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2agricultural production facilities, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 717A.3B Agricultural production
2facility trespass.
31. A person commits agricultural production facility
4trespass if the person does any of the following:
5a. Uses deception as described in section 702.9, subsection
61 or 2, on a matter that would reasonably result in a denial of
7access to an agricultural production facility that is not open
8to the public, and, through such deception, gains access to
9the agricultural production facility, with the intent to cause
10physical or economic harm or other injury to the agricultural
11production facility’s operations, agricultural animals, crop,
12owner, personnel, equipment, building, premises, business
13interest, or customer.
14b. Uses deception as described in section 702.9, subsection
151 or 2, on a matter that would reasonably result in a denial
16of an opportunity to be employed at an agricultural production
17facility that is not open to the public, and, through such
18deception, is so employed, with the intent to cause physical or
19economic harm or other injury to the agricultural production
20facility’s operations, agricultural animals, crop, owner,
21personnel, equipment, building, premises, business interest,
22or customer.
232. A person who commits agricultural production facility
24trespass is guilty of a serious misdemeanor for a first offense
25and an aggravated misdemeanor for a second or subsequent
26offense.
273. A person who conspires with another, as described in
28section 706.1, to commit agricultural production facility
29trespass is guilty of a serious misdemeanor for a first offense
30and an aggravated misdemeanor for a second or subsequent
31offense. For purposes of this subsection, a person commits
32conspiracy to commit agricultural production facility trespass,
33without regard to the limitation of criminal liability for
34conspiracy otherwise applicable under section 706.1, subsection
351.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill amends Code chapter 717A, which provides that a
5person who disrupts agricultural production at an agricultural
6production facility (facility) is subject to criminal
7prosecution. A facility is a location where agricultural
8animals or crops are maintained, and includes related real
9or personal property. The bill creates the criminal offense
10of agricultural production facility trespass which involves
11the use of deception to obtain access to a facility, which is
12not open to the public, with the intent to cause physical or
13economic harm or other injury to the facility’s operations,
14property, or persons. The offense also involves obtaining
15employment with the agricultural production facility by
16deception with the intent to cause physical or economic harm
17or other injury to the facility’s operations, property, or
18persons.
19A person who commits agricultural production facility
20trespass is guilty of a serious misdemeanor for a first offense
21and an aggravated misdemeanor for a second or subsequent
22offense. The bill also expressly provides for the application
23of the conspiracy statute. A person convicted of conspiracy
24under the bill’s provisions is guilty of a misdemeanor of the
25same class as the underlying offense.
26A serious misdemeanor is punishable by confinement for no
27more than one year and a fine of at least $315 but not more than
28$1,875. An aggravated misdemeanor is punishable by confinement
29for no more than two years and a fine of at least $625 but not
30more than $6,250.
-2-da/rn