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Senate File 2360 - IntroducedA Bill ForAn Act 1relating to the use of a simulated firearm or simulated
2explosive when committing certain criminal offenses, and
3providing 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 708.1, subsection 2, paragraph c, Code 2022,
7is amended to read as follows:
8c. Intentionally points any firearm toward another, or
9displays in a threatening manner any dangerous weapon or
10simulated firearm toward another.
11 Sec. 3. Section 708.2, subsection 3, Code 2022, is amended
12to read as follows:
133. A person who commits an assault, as defined in section
14708.1, and uses or displays a dangerous weapon or simulated
15firearm in connection with the assault, is guilty of an
16aggravated misdemeanor. This subsection does not apply if
17section 708.6 or 708.8 applies.
18 Sec. 4. Section 708.2A, subsection 2, paragraph c, Code
192022, is amended to read as follows:
20c. An aggravated misdemeanor, if the domestic abuse assault
21is committed with the intent to inflict a serious injury upon
22another, or if the person uses or displays a dangerous weapon
23or simulated firearm in connection with the assault. This
24paragraph does not apply if section 708.6 or 708.8 applies.
25 Sec. 5. Section 708.2C, subsection 4, Code 2022, is amended
26to read as follows:
274. A person who commits an assault in violation of
28individual rights and uses or displays a dangerous weapon or
29simulated firearm in connection with the assault, is guilty of
30a class “D” felony.
31 Sec. 6. Section 708.3A, subsection 2, Code 2022, is amended
32to read as follows:
332. A person who commits an assault, as defined in section
34708.1, against a peace officer, jailer, correctional staff,
35member or employee of the board of parole, health care
-1-1provider, employee of the department of human services,
2employee of the department of revenue, civilian employee of a
3law enforcement agency, civilian employee of a fire department,
4or fire fighter, whether paid or volunteer, who knows that
5the person against whom the assault is committed is a peace
6officer, jailer, correctional staff, member or employee of
7the board of parole, health care provider, employee of the
8department of human services, employee of the department
9of revenue, civilian employee of a law enforcement agency,
10civilian employee of a fire department, or fire fighter and who
11uses or displays a dangerous weapon or simulated firearm in
12connection with the assault, is guilty of a class “D” felony.
13 Sec. 7. Section 708.6, Code 2022, is amended to read as
14follows:
15708.6 Intimidation with a dangerous weapon or simulated
16firearm or simulated explosive.
171. A person commits a class “C” felony when the person,
18with the intent to injure or provoke fear or anger in another,
19shoots, throws, launches, or discharges a dangerous weapon
20or displays or represents a simulated firearm or simulated
21explosive to be a firearm or explosive capable of being shot,
22thrown, launched, or discharged at, into, or in a building,
23vehicle, airplane, railroad engine, railroad car, or boat,
24occupied by another person, or within an assembly of people,
25and thereby places the occupants or people in reasonable
26apprehension of serious injury or threatens to commit such an
27act under circumstances raising a reasonable expectation that
28the threat will be carried out.
292. A person commits a class “D” felony when the person
30shoots, throws, launches, or discharges a dangerous weapon
31or displays or represents a simulated firearm or simulated
32explosive to be a firearm or explosive capable of being shot,
33thrown, launched, or discharged at, into, or in a building,
34vehicle, airplane, railroad engine, railroad car, or boat,
35occupied by another person, or within an assembly of people,
-2-1and thereby places the occupants or people in reasonable
2apprehension of serious injury or threatens to commit such an
3act under circumstances raising a reasonable expectation that
4the threat will be carried out.
5 Sec. 8. Section 708.11, subsection 3, paragraph b,
6subparagraph (2), Code 2022, is amended to read as follows:
7(2) The person commits stalking while in possession of a
8dangerous weapon, as defined in section 702.7, or a simulated
9firearm, as defined in section 702.26.
10 Sec. 9. Section 709.3, subsection 1, paragraph a, Code 2022,
11is amended to read as follows:
12a. During the commission of sexual abuse the person
13displays in a threatening manner a dangerous weapon or
14simulated firearm, or uses or threatens to use force creating a
15substantial risk of death or serious injury to any person.
16 Sec. 10. Section 710.3, subsection 1, Code 2022, is amended
17to read as follows:
181. Kidnapping where the purpose is to hold the victim for
19ransom, where the kidnapper is armed with a dangerous weapon or
20simulated firearm, or where the victim is under eighteen years
21of age other than a kidnapping by a parent or legal guardian
22whose sole purpose of the kidnapping is to assume custody of a
23victim under eighteen years of age, is kidnapping in the second
24degree.
25 Sec. 11. Section 711.2, Code 2022, is amended to read as
26follows:
27711.2 Robbery in the first degree.
28A person commits robbery in the first degree when, while
29perpetrating a robbery, the person purposely inflicts or
30attempts to inflict serious injury, or is armed with a
31dangerous weapon or simulated firearm. Robbery in the first
32degree is a class “B” felony.
33 Sec. 12. Section 713.3, subsection 1, paragraphs a and b,
34Code 2022, are amended to read as follows:
35a. The person has possession of an explosive or incendiary
-3-1device or material or simulated explosive.
2b. The person has possession of a dangerous weapon or
3simulated firearm.
4 Sec. 13. Section 713.4, subsection 1, Code 2022, is amended
5to read as follows:
61. A person commits attempted burglary in the first degree
7if, while perpetrating an attempted burglary in or upon an
8occupied structure in which one or more persons are present,
9the person has possession of an explosive or incendiary device
10or material or simulated explosive, or a dangerous weapon or
11simulated firearm, or intentionally or recklessly inflicts
12bodily injury on any person.
13 Sec. 14. Section 713.5, subsection 1, paragraphs a and b,
14Code 2022, are amended to read as follows:
15a. While perpetrating a burglary in or upon an occupied
16structure in which no persons are present, the person has
17possession of an explosive or incendiary device or material
18or simulated explosive, or a dangerous weapon or simulated
19firearm, or a bodily injury results to any person.
20b. While perpetrating a burglary in or upon an occupied
21structure in which one or more persons are present, the person
22does not have possession of an explosive or incendiary device
23or material or simulated explosive, nor a dangerous weapon
24or simulated firearm, and no bodily injury is caused to any
25person.
26 Sec. 15. Section 713.6, subsection 1, paragraphs a and b,
27Code 2022, are amended to read as follows:
28a. While perpetrating an attempted burglary in or upon an
29occupied structure in which no persons are present, the person
30has possession of an explosive or incendiary device or material
31or simulated explosive, or a dangerous weapon or simulated
32firearm, or a bodily injury results to any person.
33b. While perpetrating an attempted burglary in or upon an
34occupied structure in which one or more persons are present,
35the person does not have possession of an explosive or
-4-1incendiary device or material or simulated explosive, nor a
2dangerous weapon or simulated firearm, and no bodily injury is
3caused to any person.
4 Sec. 16. Section 719.1, subsection 1, paragraph f, Code
52022, is amended to read as follows:
6f. If a person commits interference with official acts,
7as defined in this subsection, and in so doing inflicts or
8attempts to inflict serious injury, or displays a dangerous
9weapon, as defined in section 702.7, or a simulated firearm or
10simulated explosive, as defined in section 702.26, or is armed
11with a firearm, that person commits a class “D” felony.
12 Sec. 17. Section 719.1, subsection 2, paragraphs f and g,
13Code 2022, are amended to read as follows:
14f. If a person violates this subsection and in so doing
15inflicts or attempts to inflict bodily injury other than
16serious injury to another, displays a dangerous weapon, as
17defined in section 702.7, or a simulated firearm or simulated
18explosive, as defined in section 702.26, or is armed with a
19firearm, the person commits a class “D” felony.
20g. If a person violates this subsection and uses or attempts
21to use a dangerous weapon, as defined in section 702.7, or a
22simulated firearm or simulated explosive, as defined in section
23702.26, or inflicts serious injury to another, the person
24commits a class “C” felony.
25 Sec. 18. Section 723A.1, subsection 1, paragraph c, Code
262022, is amended to read as follows:
27c. An offense constituting a violation of section 708.6
28involving intimidation with a dangerous weapon or simulated
29firearm or simulated explosive.
30 Sec. 19. Section 724.4, Code 2022, is amended to read as
31follows:
32724.4 Use of a dangerous weapon in the commission of a crime.
33A person who goes armed with a dangerous weapon or simulated
34firearm or simulated explosive on or about the person, and who
35uses the dangerous weapon or simulated firearm or simulated
-5-1explosive in the commission of a crime, commits an aggravated
2misdemeanor, except as provided in section 708.8.
3 Sec. 20. Section 902.7, Code 2022, is amended to read as
4follows:
5902.7 Minimum sentence — use of a dangerous weapon.
6At the trial of a person charged with participating in a
7forcible felony, if the trier of fact finds beyond a reasonable
8doubt that the person is guilty of a forcible felony and that
9the person represented that the person was in the immediate
10possession and control of a dangerous weapon or simulated
11firearm or simulated explosive, displayed a dangerous weapon
12or simulated firearm or simulated explosive in a threatening
13manner, or was armed with a dangerous weapon or simulated
14firearm or simulated explosive while participating in the
15forcible felony the convicted person shall serve a minimum of
16five years of the sentence imposed by law. A person sentenced
17pursuant to this section shall not be eligible for parole until
18the person has served the minimum sentence of confinement
19imposed by this section.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the use of a simulated firearm or
24simulated explosive when committing certain criminal offenses,
25and provides penalties.
26The bill defines the terms “simulated firearm” and
27“simulated explosive” for purposes of Code chapter 702
28(criminal Code definitions) to mean a device or explosive that
29appears to be a firearm or explosive when displayed or when
30represented to be a firearm or explosive.
31The bill adds the term “simulated firearm” to Code sections
32708.1 (assault defined), 708.2 (penalties for assault), 708.2A
33(domestic abuse assault), 708.2C (assault in violation of
34individual rights), 708.3A (assaults on person engaged in
35certain occupations), 708.11 (stalking), 709.3 (sexual abuse in
-6-1the second degree), 710.3 (kidnapping), and 711.2 (robbery in
2the first degree).
3The bill adds the term “simulated explosive” to Code section
4713.3 (burglary in the first degree).
5The bill adds the terms “simulated explosive” or “simulated
6firearm” to Code sections 708.6 (intimidation with a dangerous
7weapon), 713.4 (attempted burglary in the first degree), 713.5
8(burglary in the second degree), 713.6 (attempted burglary in
9the second degree), 719.1 (interference with official acts),
10723A.1 (criminal street gangs — criminal acts), 724.4 (use of
11a dangerous weapon in the commission of a crime), and 902.7
12(minimum sentence for use of a dangerous weapon).
13The penalties for the offenses listed in the bill range from
14an aggravated misdemeanor to a class “B” felony. An aggravated
15misdemeanor is punishable by confinement for no more than two
16years and a fine of at least $855 but not more than $8,540. A
17class “D” felony is punishable by confinement for no more than
18five years and a fine of at least $1,025 but not more than
19$10,245. A class “C” felony is punishable by confinement for
20no more than 10 years and a fine of at least $1,370 but not more
21than $13,660. A class “B” felony is punishable by confinement
22for no more than 25 years.
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2explosive when committing certain criminal offenses, and
3providing 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 708.1, subsection 2, paragraph c, Code 2022,
7is amended to read as follows:
8c. Intentionally points any firearm toward another, or
9displays in a threatening manner any dangerous weapon or
10simulated firearm toward another.
11 Sec. 3. Section 708.2, subsection 3, Code 2022, is amended
12to read as follows:
133. A person who commits an assault, as defined in section
14708.1, and uses or displays a dangerous weapon or simulated
15firearm in connection with the assault, is guilty of an
16aggravated misdemeanor. This subsection does not apply if
17section 708.6 or 708.8 applies.
18 Sec. 4. Section 708.2A, subsection 2, paragraph c, Code
192022, is amended to read as follows:
20c. An aggravated misdemeanor, if the domestic abuse assault
21is committed with the intent to inflict a serious injury upon
22another, or if the person uses or displays a dangerous weapon
23or simulated firearm in connection with the assault. This
24paragraph does not apply if section 708.6 or 708.8 applies.
25 Sec. 5. Section 708.2C, subsection 4, Code 2022, is amended
26to read as follows:
274. A person who commits an assault in violation of
28individual rights and uses or displays a dangerous weapon or
29simulated firearm in connection with the assault, is guilty of
30a class “D” felony.
31 Sec. 6. Section 708.3A, subsection 2, Code 2022, is amended
32to read as follows:
332. A person who commits an assault, as defined in section
34708.1, against a peace officer, jailer, correctional staff,
35member or employee of the board of parole, health care
-1-1provider, employee of the department of human services,
2employee of the department of revenue, civilian employee of a
3law enforcement agency, civilian employee of a fire department,
4or fire fighter, whether paid or volunteer, who knows that
5the person against whom the assault is committed is a peace
6officer, jailer, correctional staff, member or employee of
7the board of parole, health care provider, employee of the
8department of human services, employee of the department
9of revenue, civilian employee of a law enforcement agency,
10civilian employee of a fire department, or fire fighter and who
11uses or displays a dangerous weapon or simulated firearm in
12connection with the assault, is guilty of a class “D” felony.
13 Sec. 7. Section 708.6, Code 2022, is amended to read as
14follows:
15708.6 Intimidation with a dangerous weapon or simulated
16firearm or simulated explosive.
171. A person commits a class “C” felony when the person,
18with the intent to injure or provoke fear or anger in another,
19shoots, throws, launches, or discharges a dangerous weapon
20or displays or represents a simulated firearm or simulated
21explosive to be a firearm or explosive capable of being shot,
22thrown, launched, or discharged at, into, or in a building,
23vehicle, airplane, railroad engine, railroad car, or boat,
24occupied by another person, or within an assembly of people,
25and thereby places the occupants or people in reasonable
26apprehension of serious injury or threatens to commit such an
27act under circumstances raising a reasonable expectation that
28the threat will be carried out.
292. A person commits a class “D” felony when the person
30shoots, throws, launches, or discharges a dangerous weapon
31or displays or represents a simulated firearm or simulated
32explosive to be a firearm or explosive capable of being shot,
33thrown, launched, or discharged at, into, or in a building,
34vehicle, airplane, railroad engine, railroad car, or boat,
35occupied by another person, or within an assembly of people,
-2-1and thereby places the occupants or people in reasonable
2apprehension of serious injury or threatens to commit such an
3act under circumstances raising a reasonable expectation that
4the threat will be carried out.
5 Sec. 8. Section 708.11, subsection 3, paragraph b,
6subparagraph (2), Code 2022, is amended to read as follows:
7(2) The person commits stalking while in possession of a
8dangerous weapon, as defined in section 702.7, or a simulated
9firearm, as defined in section 702.26.
10 Sec. 9. Section 709.3, subsection 1, paragraph a, Code 2022,
11is amended to read as follows:
12a. During the commission of sexual abuse the person
13displays in a threatening manner a dangerous weapon or
14simulated firearm, or uses or threatens to use force creating a
15substantial risk of death or serious injury to any person.
16 Sec. 10. Section 710.3, subsection 1, Code 2022, is amended
17to read as follows:
181. Kidnapping where the purpose is to hold the victim for
19ransom, where the kidnapper is armed with a dangerous weapon or
20simulated firearm, or where the victim is under eighteen years
21of age other than a kidnapping by a parent or legal guardian
22whose sole purpose of the kidnapping is to assume custody of a
23victim under eighteen years of age, is kidnapping in the second
24degree.
25 Sec. 11. Section 711.2, Code 2022, is amended to read as
26follows:
27711.2 Robbery in the first degree.
28A person commits robbery in the first degree when, while
29perpetrating a robbery, the person purposely inflicts or
30attempts to inflict serious injury, or is armed with a
31dangerous weapon or simulated firearm. Robbery in the first
32degree is a class “B” felony.
33 Sec. 12. Section 713.3, subsection 1, paragraphs a and b,
34Code 2022, are amended to read as follows:
35a. The person has possession of an explosive or incendiary
-3-1device or material or simulated explosive.
2b. The person has possession of a dangerous weapon or
3simulated firearm.
4 Sec. 13. Section 713.4, subsection 1, Code 2022, is amended
5to read as follows:
61. A person commits attempted burglary in the first degree
7if, while perpetrating an attempted burglary in or upon an
8occupied structure in which one or more persons are present,
9the person has possession of an explosive or incendiary device
10or material or simulated explosive, or a dangerous weapon or
11simulated firearm, or intentionally or recklessly inflicts
12bodily injury on any person.
13 Sec. 14. Section 713.5, subsection 1, paragraphs a and b,
14Code 2022, are amended to read as follows:
15a. While perpetrating a burglary in or upon an occupied
16structure in which no persons are present, the person has
17possession of an explosive or incendiary device or material
18or simulated explosive, or a dangerous weapon or simulated
19firearm, or a bodily injury results to any person.
20b. While perpetrating a burglary in or upon an occupied
21structure in which one or more persons are present, the person
22does not have possession of an explosive or incendiary device
23or material or simulated explosive, nor a dangerous weapon
24or simulated firearm, and no bodily injury is caused to any
25person.
26 Sec. 15. Section 713.6, subsection 1, paragraphs a and b,
27Code 2022, are amended to read as follows:
28a. While perpetrating an attempted burglary in or upon an
29occupied structure in which no persons are present, the person
30has possession of an explosive or incendiary device or material
31or simulated explosive, or a dangerous weapon or simulated
32firearm, or a bodily injury results to any person.
33b. While perpetrating an attempted burglary in or upon an
34occupied structure in which one or more persons are present,
35the person does not have possession of an explosive or
-4-1incendiary device or material or simulated explosive, nor a
2dangerous weapon or simulated firearm, and no bodily injury is
3caused to any person.
4 Sec. 16. Section 719.1, subsection 1, paragraph f, Code
52022, is amended to read as follows:
6f. If a person commits interference with official acts,
7as defined in this subsection, and in so doing inflicts or
8attempts to inflict serious injury, or displays a dangerous
9weapon, as defined in section 702.7, or a simulated firearm or
10simulated explosive, as defined in section 702.26, or is armed
11with a firearm, that person commits a class “D” felony.
12 Sec. 17. Section 719.1, subsection 2, paragraphs f and g,
13Code 2022, are amended to read as follows:
14f. If a person violates this subsection and in so doing
15inflicts or attempts to inflict bodily injury other than
16serious injury to another, displays a dangerous weapon, as
17defined in section 702.7, or a simulated firearm or simulated
18explosive, as defined in section 702.26, or is armed with a
19firearm, the person commits a class “D” felony.
20g. If a person violates this subsection and uses or attempts
21to use a dangerous weapon, as defined in section 702.7, or a
22simulated firearm or simulated explosive, as defined in section
23702.26, or inflicts serious injury to another, the person
24commits a class “C” felony.
25 Sec. 18. Section 723A.1, subsection 1, paragraph c, Code
262022, is amended to read as follows:
27c. An offense constituting a violation of section 708.6
28involving intimidation with a dangerous weapon or simulated
29firearm or simulated explosive.
30 Sec. 19. Section 724.4, Code 2022, is amended to read as
31follows:
32724.4 Use of a dangerous weapon in the commission of a crime.
33A person who goes armed with a dangerous weapon or simulated
34firearm or simulated explosive on or about the person, and who
35uses the dangerous weapon or simulated firearm or simulated
-5-1explosive in the commission of a crime, commits an aggravated
2misdemeanor, except as provided in section 708.8.
3 Sec. 20. Section 902.7, Code 2022, is amended to read as
4follows:
5902.7 Minimum sentence — use of a dangerous weapon.
6At the trial of a person charged with participating in a
7forcible felony, if the trier of fact finds beyond a reasonable
8doubt that the person is guilty of a forcible felony and that
9the person represented that the person was in the immediate
10possession and control of a dangerous weapon or simulated
11firearm or simulated explosive, displayed a dangerous weapon
12or simulated firearm or simulated explosive in a threatening
13manner, or was armed with a dangerous weapon or simulated
14firearm or simulated explosive while participating in the
15forcible felony the convicted person shall serve a minimum of
16five years of the sentence imposed by law. A person sentenced
17pursuant to this section shall not be eligible for parole until
18the person has served the minimum sentence of confinement
19imposed by this section.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the use of a simulated firearm or
24simulated explosive when committing certain criminal offenses,
25and provides penalties.
26The bill defines the terms “simulated firearm” and
27“simulated explosive” for purposes of Code chapter 702
28(criminal Code definitions) to mean a device or explosive that
29appears to be a firearm or explosive when displayed or when
30represented to be a firearm or explosive.
31The bill adds the term “simulated firearm” to Code sections
32708.1 (assault defined), 708.2 (penalties for assault), 708.2A
33(domestic abuse assault), 708.2C (assault in violation of
34individual rights), 708.3A (assaults on person engaged in
35certain occupations), 708.11 (stalking), 709.3 (sexual abuse in
-6-1the second degree), 710.3 (kidnapping), and 711.2 (robbery in
2the first degree).
3The bill adds the term “simulated explosive” to Code section
4713.3 (burglary in the first degree).
5The bill adds the terms “simulated explosive” or “simulated
6firearm” to Code sections 708.6 (intimidation with a dangerous
7weapon), 713.4 (attempted burglary in the first degree), 713.5
8(burglary in the second degree), 713.6 (attempted burglary in
9the second degree), 719.1 (interference with official acts),
10723A.1 (criminal street gangs — criminal acts), 724.4 (use of
11a dangerous weapon in the commission of a crime), and 902.7
12(minimum sentence for use of a dangerous weapon).
13The penalties for the offenses listed in the bill range from
14an aggravated misdemeanor to a class “B” felony. An aggravated
15misdemeanor is punishable by confinement for no more than two
16years and a fine of at least $855 but not more than $8,540. A
17class “D” felony is punishable by confinement for no more than
18five years and a fine of at least $1,025 but not more than
19$10,245. A class “C” felony is punishable by confinement for
20no more than 10 years and a fine of at least $1,370 but not more
21than $13,660. A class “B” felony is punishable by confinement
22for no more than 25 years.
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