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Senate File 222 - IntroducedA Bill ForAn Act 1relating to the crime of the unauthorized placement of
2a global positioning device, including the unauthorized
3placement of a global positioning device committed against a
4person under eighteen years of age, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.11A, Code 2023, is amended to read
2as follows:
3708.11A Unauthorized placement of global positioning device.
41. A person commits unauthorized placement of a global
5positioning device when the person, without the consent of the
6other person, places a global positioning device on the other
7person or an object in order to track the movements of the
8other person without a legitimate purpose.
92. A Except as provided in subsection 3, a person who
10commits a violation of this section commits a serious
11misdemeanor for a first offense, and an aggravated misdemeanor
12for a second or subsequent offense.
133. A person who commits a violation of this section when
14the other person is under eighteen years of age commits an
15aggravated misdemeanor for a first offense, and a class “D”
16felony for a second or subsequent offense. This subsection
17shall not apply if the person is a parent or guardian of the
18other person.
194. Each individual act constituting a violation of this
20section shall be considered a separate and distinct offense.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the crime of the unauthorized placement
25of a global positioning device including the unauthorized
26placement of a global positioning device committed against a
27person under 18 years of age.
28Current law provides that a person who commits a violation
29of the unauthorized placement of a global positioning device
30commits a serious misdemeanor. The bill provides that a second
31or subsequent offense is an aggravated misdemeanor. The bill
32provides that a person who commits the unauthorized placement
33of a global positioning device when the other person is under
3418 years of age commits an aggravated misdemeanor for a first
35offense, and a class “D” felony for a second or subsequent
-1-1offense. This provision shall not apply when the person is a
2parent or guardian of the other person.
3The bill provides that each individual act constituting a
4violation of the unauthorized placement of a global positioning
5device shall be considered a separate and distinct offense.
6A serious misdemeanor is punishable by confinement for no
7more than one year and a fine of at least $430 but not more than
8$2,560. An aggravated misdemeanor is punishable by confinement
9for no more than two years and a fine of at least $855 but
10not more than $8,540. A class “D” felony is punishable by
11confinement for no more than five years and a fine of at least
12$1,025 but not more than $10,245.
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2a global positioning device, including the unauthorized
3placement of a global positioning device committed against a
4person under eighteen years of age, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.11A, Code 2023, is amended to read
2as follows:
3708.11A Unauthorized placement of global positioning device.
41. A person commits unauthorized placement of a global
5positioning device when the person, without the consent of the
6other person, places a global positioning device on the other
7person or an object in order to track the movements of the
8other person without a legitimate purpose.
92. A Except as provided in subsection 3, a person who
10commits a violation of this section commits a serious
11misdemeanor for a first offense, and an aggravated misdemeanor
12for a second or subsequent offense.
133. A person who commits a violation of this section when
14the other person is under eighteen years of age commits an
15aggravated misdemeanor for a first offense, and a class “D”
16felony for a second or subsequent offense. This subsection
17shall not apply if the person is a parent or guardian of the
18other person.
194. Each individual act constituting a violation of this
20section shall be considered a separate and distinct offense.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the crime of the unauthorized placement
25of a global positioning device including the unauthorized
26placement of a global positioning device committed against a
27person under 18 years of age.
28Current law provides that a person who commits a violation
29of the unauthorized placement of a global positioning device
30commits a serious misdemeanor. The bill provides that a second
31or subsequent offense is an aggravated misdemeanor. The bill
32provides that a person who commits the unauthorized placement
33of a global positioning device when the other person is under
3418 years of age commits an aggravated misdemeanor for a first
35offense, and a class “D” felony for a second or subsequent
-1-1offense. This provision shall not apply when the person is a
2parent or guardian of the other person.
3The bill provides that each individual act constituting a
4violation of the unauthorized placement of a global positioning
5device shall be considered a separate and distinct offense.
6A serious misdemeanor is punishable by confinement for no
7more than one year and a fine of at least $430 but not more than
8$2,560. An aggravated misdemeanor is punishable by confinement
9for no more than two years and a fine of at least $855 but
10not more than $8,540. A class “D” felony is punishable by
11confinement for no more than five years and a fine of at least
12$1,025 but not more than $10,245.
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