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Senate File 201 - IntroducedA Bill ForAn Act 1relating to the criminal offense of stalking committed
2while utilizing a technological device and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.11, subsection 1, Code 2023, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. e. “Technological device” means any
4computer, cellular phone, smartphone, digital camera, video
5camera, audio recording device, or other electronic device that
6can be used for creating, storing, or transmitting information
7in the form of electronic data.
8 Sec. 2. Section 708.11, subsection 3, Code 2023, is amended
9to read as follows:
103. a. A person who commits stalking in violation of this
11section commits a class “C” felony for a third or subsequent
12offense. if any of the following apply:
13(1) The person commits stalking while subject to
14restrictions contained in a criminal or civil protective
15order or injunction, or any other court order which prohibits
16contact between the person and the victim, or while subject to
17restrictions contained in a criminal or civil protective order
18or injunction, or any other court order which prohibits contact
19between the person and another person against whom the person
20has committed a public offense.
21(2) The person commits stalking while in possession of a
22dangerous weapon, as defined in section 702.7.
23(3) The person commits stalking by directing a course of
24conduct at a specific person who is under eighteen years of
25age.
26(4) The person utilizes a technological device while
27committing stalking.
28(5) For a third or subsequent offense.
29b. A person who commits stalking in violation of this
30section commits a class “D” felony if any of the following
31apply:
32(1) The person commits stalking while subject to
33restrictions contained in a criminal or civil protective
34order or injunction, or any other court order which prohibits
35contact between the person and the victim, or while subject to
-1-1restrictions contained in a criminal or civil protective order
2or injunction or other court order which prohibits contact
3between the person and another person against whom the person
4has committed a public offense.
5(2) The person commits stalking while in possession of a
6dangerous weapon, as defined in section 702.7.
7(3) The person commits stalking by directing a course of
8conduct at a specific person who is under eighteen years of
9age.
10(4) The offense is a second offense.
11b. A person who commits stalking in violation of this
12section commits a class “D” felony if the offense is a second
13offense which is not included in paragraph “a”.
14c. A person who commits stalking in violation of this
15section commits an aggravated misdemeanor if the offense is a
16first offense which is not included in paragraph “b” “a”.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the criminal offense of stalking
21committed while utilizing a technological device.
22Current law provides that a person who commits stalking
23in violation of Code section 708.11 is subject to criminal
24penalties ranging from an aggravated misdemeanor (confinement
25for no more than two years and a fine of at least $855 but not
26more than $8,540) to a class “C” felony (confinement for no
27more than 10 years and a fine of at least $1,370 but no more
28than $13,660), dependent upon the circumstances of the offense
29including the number of times the person has committed the
30offense.
31The bill provides that a person who commits stalking
32commits a class “C” felony if any of the following apply:
33the person commits stalking while subject to a criminal or
34civil protective order or injunction, or any other court order
35which prohibits contact between the person and the victim or
-2-1between the person and another person against whom the person
2has committed a public offense; the person commits stalking
3while in possession of a dangerous weapon; the person commits
4stalking by directing a course of conduct at a specific
5person who is under 18 years of age; the person utilizes a
6technological device while committing stalking; or for a third
7or subsequent stalking offense.
8The bill provides that a person who commits stalking commits
9a class “D” felony if the offense is a second offense and if
10none of the elements making the offense a class “C” felony are
11present. A person who commits stalking commits an aggravated
12misdemeanor if the offense is a first offense and if none of
13the elements making the offense a class “C” felony are present.
14The bill provides a definition of “technological device”.
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2while utilizing a technological device and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.11, subsection 1, Code 2023, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. e. “Technological device” means any
4computer, cellular phone, smartphone, digital camera, video
5camera, audio recording device, or other electronic device that
6can be used for creating, storing, or transmitting information
7in the form of electronic data.
8 Sec. 2. Section 708.11, subsection 3, Code 2023, is amended
9to read as follows:
103. a. A person who commits stalking in violation of this
11section commits a class “C” felony for a third or subsequent
12offense. if any of the following apply:
13(1) The person commits stalking while subject to
14restrictions contained in a criminal or civil protective
15order or injunction, or any other court order which prohibits
16contact between the person and the victim, or while subject to
17restrictions contained in a criminal or civil protective order
18or injunction, or any other court order which prohibits contact
19between the person and another person against whom the person
20has committed a public offense.
21(2) The person commits stalking while in possession of a
22dangerous weapon, as defined in section 702.7.
23(3) The person commits stalking by directing a course of
24conduct at a specific person who is under eighteen years of
25age.
26(4) The person utilizes a technological device while
27committing stalking.
28(5) For a third or subsequent offense.
29b. A person who commits stalking in violation of this
30section commits a class “D” felony if any of the following
31apply:
32(1) The person commits stalking while subject to
33restrictions contained in a criminal or civil protective
34order or injunction, or any other court order which prohibits
35contact between the person and the victim, or while subject to
-1-1restrictions contained in a criminal or civil protective order
2or injunction or other court order which prohibits contact
3between the person and another person against whom the person
4has committed a public offense.
5(2) The person commits stalking while in possession of a
6dangerous weapon, as defined in section 702.7.
7(3) The person commits stalking by directing a course of
8conduct at a specific person who is under eighteen years of
9age.
10(4) The offense is a second offense.
11b. A person who commits stalking in violation of this
12section commits a class “D” felony if the offense is a second
13offense which is not included in paragraph “a”.
14c. A person who commits stalking in violation of this
15section commits an aggravated misdemeanor if the offense is a
16first offense which is not included in paragraph “b” “a”.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the criminal offense of stalking
21committed while utilizing a technological device.
22Current law provides that a person who commits stalking
23in violation of Code section 708.11 is subject to criminal
24penalties ranging from an aggravated misdemeanor (confinement
25for no more than two years and a fine of at least $855 but not
26more than $8,540) to a class “C” felony (confinement for no
27more than 10 years and a fine of at least $1,370 but no more
28than $13,660), dependent upon the circumstances of the offense
29including the number of times the person has committed the
30offense.
31The bill provides that a person who commits stalking
32commits a class “C” felony if any of the following apply:
33the person commits stalking while subject to a criminal or
34civil protective order or injunction, or any other court order
35which prohibits contact between the person and the victim or
-2-1between the person and another person against whom the person
2has committed a public offense; the person commits stalking
3while in possession of a dangerous weapon; the person commits
4stalking by directing a course of conduct at a specific
5person who is under 18 years of age; the person utilizes a
6technological device while committing stalking; or for a third
7or subsequent stalking offense.
8The bill provides that a person who commits stalking commits
9a class “D” felony if the offense is a second offense and if
10none of the elements making the offense a class “C” felony are
11present. A person who commits stalking commits an aggravated
12misdemeanor if the offense is a first offense and if none of
13the elements making the offense a class “C” felony are present.
14The bill provides a definition of “technological device”.
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