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Senate File 2173 - IntroducedA Bill ForAn Act 1relating to the use of a simulated firearm or simulated
2explosive when committing a robbery, the criminal offense of
3intimidation, or other crimes, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 702.26 Simulated firearm or
2simulated explosive.
3A simulated firearm or simulated explosive is a device
4or explosive that appears to be a firearm or explosive when
5displayed or when represented to be a firearm or explosive.
6 Sec. 2. Section 708.6, Code 2022, is amended to read as
7follows:
8708.6 Intimidation with a dangerous weapon or simulated
9firearm or simulated explosive.
101. A person commits a class “C” felony when the person,
11with the intent to injure or provoke fear or anger in another,
12shoots, throws, launches, or discharges a dangerous weapon
13or displays or represents a simulated firearm or simulated
14explosive to be a firearm or explosive capable of being shot,
15thrown, launched, or discharged at, into, or in a building,
16vehicle, airplane, railroad engine, railroad car, or boat,
17occupied by another person, or within an assembly of people,
18and thereby places the occupants or people in reasonable
19apprehension of serious injury or threatens to commit such an
20act under circumstances raising a reasonable expectation that
21the threat will be carried out.
222. A person commits a class “D” felony when the person
23shoots, throws, launches, or discharges a dangerous weapon
24or displays or represents a simulated firearm or simulated
25explosive to be a firearm or explosive capable of being shot,
26thrown, launched, or discharged at, into, or in a building,
27vehicle, airplane, railroad engine, railroad car, or boat,
28occupied by another person, or within an assembly of people,
29and thereby places the occupants or people in reasonable
30apprehension of serious injury or threatens to commit such an
31act under circumstances raising a reasonable expectation that
32the threat will be carried out.
33 Sec. 3. Section 711.2, Code 2022, is amended to read as
34follows:
35711.2 Robbery in the first degree.
-1- 1A person commits robbery in the first degree when, while
2perpetrating a robbery, the person purposely inflicts or
3attempts to inflict serious injury, or is armed with a
4dangerous weapon or simulated firearm. Robbery in the first
5degree is a class “B” felony.
6 Sec. 4. Section 723A.1, subsection 1, paragraph c, Code
72022, is amended to read as follows:
8c. An offense constituting a violation of section 708.6
9involving intimidation with a dangerous weapon or simulated
10firearm or simulated explosive.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the use of a simulated firearm or
15simulated explosive when committing a robbery, the criminal
16offense of intimidation, or other crimes.
17The bill defines a simulated firearm or simulated explosive
18to mean a device or explosive that appears to be a firearm or
19explosive when displayed or when represented to be a firearm
20or explosive.
21The bill modifies the definition of robbery in the first
22degree to include instances when a person is armed with a
23simulated firearm. Robbery in the first degree is a class “B”
24forcible felony and is subject to 70 percent sentence under
25Code section 902.12. A class “B” felony is punishable by
26confinement for no more than 25 years.
27The bill modifies the elements of the criminal offense
28of intimidation with a dangerous weapon to include use of a
29simulated firearm or simulated explosive.
30Under the bill, a person commits intimidation with a
31dangerous weapon classified as a class “C” felony, if the
32person, with the intent to injure or provoke fear or anger in
33another, shoots, throws, launches, or discharges a dangerous
34weapon or displays or represents a simulated firearm or
35simulated explosive to be a firearm or explosive capable of
-2-1being shot, thrown, launched, or discharged at, into, or in a
2building, vehicle, airplane, railroad engine, railroad car,
3or boat, occupied by another person, or within an assembly
4of people, and thereby places the occupants or people in
5reasonable apprehension of serious injury or threatens to
6commit such an act under circumstances raising a reasonable
7expectation that the threat will be carried out. A class “C”
8felony is punishable by confinement for no more than 10 years
9and a fine of at least $1,370 but not more than $13,660.
10Under the bill, a person commits intimidation with a
11dangerous weapon classified as a class “D” felony, if the
12person shoots, throws, launches, or discharges a dangerous
13weapon or displays or represents a simulated firearm or
14simulated explosive to be a firearm or explosive capable of
15being shot, thrown, launched, or discharged at, into, or in a
16building, vehicle, airplane, railroad engine, railroad car,
17or boat, occupied by another person, or within an assembly
18of people, and thereby places the occupants or people in
19reasonable apprehension of serious injury or threatens to
20commit such an act under circumstances raising a reasonable
21expectation that the threat will be carried out. A class “D”
22felony is punishable by confinement for no more than five years
23and a fine of at least $1,025 but not more than $10,245.
24The bill adds the definition of simulated firearm or
25simulated explosive to Code chapter 702 (criminal code
26definitions). The term “simulated explosive” appears in Code
27sections 708.7 (harassment) and 712.6 (explosive or incendiary
28device). By adding the definition of “simulated explosive” to
29Code chapter 702 (criminal code definitions), the bill also
30codifies the definitions for “simulated explosive” under Code
31sections 708.7 (harassment) and 712.6 (explosives or incendiary
32device).
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2explosive when committing a robbery, the criminal offense of
3intimidation, or other crimes, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 702.26 Simulated firearm or
2simulated explosive.
3A simulated firearm or simulated explosive is a device
4or explosive that appears to be a firearm or explosive when
5displayed or when represented to be a firearm or explosive.
6 Sec. 2. Section 708.6, Code 2022, is amended to read as
7follows:
8708.6 Intimidation with a dangerous weapon or simulated
9firearm or simulated explosive.
101. A person commits a class “C” felony when the person,
11with the intent to injure or provoke fear or anger in another,
12shoots, throws, launches, or discharges a dangerous weapon
13or displays or represents a simulated firearm or simulated
14explosive to be a firearm or explosive capable of being shot,
15thrown, launched, or discharged at, into, or in a building,
16vehicle, airplane, railroad engine, railroad car, or boat,
17occupied by another person, or within an assembly of people,
18and thereby places the occupants or people in reasonable
19apprehension of serious injury or threatens to commit such an
20act under circumstances raising a reasonable expectation that
21the threat will be carried out.
222. A person commits a class “D” felony when the person
23shoots, throws, launches, or discharges a dangerous weapon
24or displays or represents a simulated firearm or simulated
25explosive to be a firearm or explosive capable of being shot,
26thrown, launched, or discharged at, into, or in a building,
27vehicle, airplane, railroad engine, railroad car, or boat,
28occupied by another person, or within an assembly of people,
29and thereby places the occupants or people in reasonable
30apprehension of serious injury or threatens to commit such an
31act under circumstances raising a reasonable expectation that
32the threat will be carried out.
33 Sec. 3. Section 711.2, Code 2022, is amended to read as
34follows:
35711.2 Robbery in the first degree.
-1- 1A person commits robbery in the first degree when, while
2perpetrating a robbery, the person purposely inflicts or
3attempts to inflict serious injury, or is armed with a
4dangerous weapon or simulated firearm. Robbery in the first
5degree is a class “B” felony.
6 Sec. 4. Section 723A.1, subsection 1, paragraph c, Code
72022, is amended to read as follows:
8c. An offense constituting a violation of section 708.6
9involving intimidation with a dangerous weapon or simulated
10firearm or simulated explosive.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the use of a simulated firearm or
15simulated explosive when committing a robbery, the criminal
16offense of intimidation, or other crimes.
17The bill defines a simulated firearm or simulated explosive
18to mean a device or explosive that appears to be a firearm or
19explosive when displayed or when represented to be a firearm
20or explosive.
21The bill modifies the definition of robbery in the first
22degree to include instances when a person is armed with a
23simulated firearm. Robbery in the first degree is a class “B”
24forcible felony and is subject to 70 percent sentence under
25Code section 902.12. A class “B” felony is punishable by
26confinement for no more than 25 years.
27The bill modifies the elements of the criminal offense
28of intimidation with a dangerous weapon to include use of a
29simulated firearm or simulated explosive.
30Under the bill, a person commits intimidation with a
31dangerous weapon classified as a class “C” felony, if the
32person, with the intent to injure or provoke fear or anger in
33another, shoots, throws, launches, or discharges a dangerous
34weapon or displays or represents a simulated firearm or
35simulated explosive to be a firearm or explosive capable of
-2-1being shot, thrown, launched, or discharged at, into, or in a
2building, vehicle, airplane, railroad engine, railroad car,
3or boat, occupied by another person, or within an assembly
4of people, and thereby places the occupants or people in
5reasonable apprehension of serious injury or threatens to
6commit such an act under circumstances raising a reasonable
7expectation that the threat will be carried out. A class “C”
8felony is punishable by confinement for no more than 10 years
9and a fine of at least $1,370 but not more than $13,660.
10Under the bill, a person commits intimidation with a
11dangerous weapon classified as a class “D” felony, if the
12person shoots, throws, launches, or discharges a dangerous
13weapon or displays or represents a simulated firearm or
14simulated explosive to be a firearm or explosive capable of
15being shot, thrown, launched, or discharged at, into, or in a
16building, vehicle, airplane, railroad engine, railroad car,
17or boat, occupied by another person, or within an assembly
18of people, and thereby places the occupants or people in
19reasonable apprehension of serious injury or threatens to
20commit such an act under circumstances raising a reasonable
21expectation that the threat will be carried out. A class “D”
22felony is punishable by confinement for no more than five years
23and a fine of at least $1,025 but not more than $10,245.
24The bill adds the definition of simulated firearm or
25simulated explosive to Code chapter 702 (criminal code
26definitions). The term “simulated explosive” appears in Code
27sections 708.7 (harassment) and 712.6 (explosive or incendiary
28device). By adding the definition of “simulated explosive” to
29Code chapter 702 (criminal code definitions), the bill also
30codifies the definitions for “simulated explosive” under Code
31sections 708.7 (harassment) and 712.6 (explosives or incendiary
32device).
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