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Senate File 201 - ReprintedA 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 692A.102, subsection 1, paragraph a,
2subparagraph (6), subparagraph division (b), Code 2023, is
3amended to read as follows:
4(b) Stalking in violation of section 708.11, if a
5determination is made that the offense was sexually motivated
6pursuant to section 692A.126, except a violation of section
7708.11, subsection 3, paragraph “b” “a”, subparagraph (3), shall
8be classified a tier II offense as provided in paragraph “b”.
9 Sec. 2. Section 692A.102, subsection 1, paragraph b,
10subparagraph (8), Code 2023, is amended to read as follows:
11(8) Stalking in violation of section 708.11, subsection 3,
12paragraph “b” “a”, subparagraph (3), if a determination is made
13that the offense was sexually motivated pursuant to section
14692A.126.
15 Sec. 3. Section 708.11, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. “Course of conduct” means repeatedly maintaining a visual
18or physical proximity to a person without legitimate purpose,
19repeatedly utilizing a technological device to locate, listen
20to, or watch a person without authorization or legitimate
21purpose, or repeatedly conveying oral or written threats,
22threats implied by conduct, or a combination thereof, directed
23at or toward a person.
24 Sec. 4. Section 708.11, subsection 1, Code 2023, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. e. “Technological device” means any
27computer, cellular phone, smartphone, digital camera, video
28camera, audio recording device, global positioning device, or
29other electronic device that can be used for creating, storing,
30or transmitting information in the form of electronic data.
31 Sec. 5. Section 708.11, subsection 3, Code 2023, is amended
32to read as follows:
333. a. A person who commits stalking in violation of this
34section commits a class “C” felony for a third or subsequent
35offense. if any of the following apply:
-1- 1(1) The person commits stalking while subject to
2restrictions contained in a criminal or civil protective
3order or injunction, or any other court order which prohibits
4contact between the person and the victim, or while subject to
5restrictions contained in a criminal or civil protective order
6or injunction, or any other court order which prohibits contact
7between the person and another person against whom the person
8has committed a public offense.
9(2) The person commits stalking while in possession of a
10dangerous weapon, as defined in section 702.7.
11(3) The person commits stalking by directing a course of
12conduct at a specific person who is under eighteen years of
13age.
14(4) The person utilizes a technological device while
15committing stalking.
16(5) For a third or subsequent offense.
17b. A person who commits stalking in violation of this
18section commits a class “D” felony if any of the following
19apply:
20(1) The person commits stalking while subject to
21restrictions contained in a criminal or civil protective
22order or injunction, or any other court order which prohibits
23contact between the person and the victim, or while subject to
24restrictions contained in a criminal or civil protective order
25or injunction or other court order which prohibits contact
26between the person and another person against whom the person
27has committed a public offense.
28(2) The person commits stalking while in possession of a
29dangerous weapon, as defined in section 702.7.
30(3) The person commits stalking by directing a course of
31conduct at a specific person who is under eighteen years of
32age.
33(4) The offense is a second offense.
34b. A person who commits stalking in violation of this
35section commits a class “D” felony if the offense is a second
-2-1offense which is not included in paragraph “a”.
2c. A person who commits stalking in violation of this
3section commits an aggravated misdemeanor if the offense is a
4first offense which is not included in paragraph “b” “a”.
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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 692A.102, subsection 1, paragraph a,
2subparagraph (6), subparagraph division (b), Code 2023, is
3amended to read as follows:
4(b) Stalking in violation of section 708.11, if a
5determination is made that the offense was sexually motivated
6pursuant to section 692A.126, except a violation of section
7708.11, subsection 3, paragraph “b” “a”, subparagraph (3), shall
8be classified a tier II offense as provided in paragraph “b”.
9 Sec. 2. Section 692A.102, subsection 1, paragraph b,
10subparagraph (8), Code 2023, is amended to read as follows:
11(8) Stalking in violation of section 708.11, subsection 3,
12paragraph “b” “a”, subparagraph (3), if a determination is made
13that the offense was sexually motivated pursuant to section
14692A.126.
15 Sec. 3. Section 708.11, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. “Course of conduct” means repeatedly maintaining a visual
18or physical proximity to a person without legitimate purpose,
19repeatedly utilizing a technological device to locate, listen
20to, or watch a person without authorization or legitimate
21purpose, or repeatedly conveying oral or written threats,
22threats implied by conduct, or a combination thereof, directed
23at or toward a person.
24 Sec. 4. Section 708.11, subsection 1, Code 2023, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. e. “Technological device” means any
27computer, cellular phone, smartphone, digital camera, video
28camera, audio recording device, global positioning device, or
29other electronic device that can be used for creating, storing,
30or transmitting information in the form of electronic data.
31 Sec. 5. Section 708.11, subsection 3, Code 2023, is amended
32to read as follows:
333. a. A person who commits stalking in violation of this
34section commits a class “C” felony for a third or subsequent
35offense. if any of the following apply:
-1- 1(1) The person commits stalking while subject to
2restrictions contained in a criminal or civil protective
3order or injunction, or any other court order which prohibits
4contact between the person and the victim, or while subject to
5restrictions contained in a criminal or civil protective order
6or injunction, or any other court order which prohibits contact
7between the person and another person against whom the person
8has committed a public offense.
9(2) The person commits stalking while in possession of a
10dangerous weapon, as defined in section 702.7.
11(3) The person commits stalking by directing a course of
12conduct at a specific person who is under eighteen years of
13age.
14(4) The person utilizes a technological device while
15committing stalking.
16(5) For a third or subsequent offense.
17b. A person who commits stalking in violation of this
18section commits a class “D” felony if any of the following
19apply:
20(1) The person commits stalking while subject to
21restrictions contained in a criminal or civil protective
22order or injunction, or any other court order which prohibits
23contact between the person and the victim, or while subject to
24restrictions contained in a criminal or civil protective order
25or injunction or other court order which prohibits contact
26between the person and another person against whom the person
27has committed a public offense.
28(2) The person commits stalking while in possession of a
29dangerous weapon, as defined in section 702.7.
30(3) The person commits stalking by directing a course of
31conduct at a specific person who is under eighteen years of
32age.
33(4) The offense is a second offense.
34b. A person who commits stalking in violation of this
35section commits a class “D” felony if the offense is a second
-2-1offense which is not included in paragraph “a”.
2c. A person who commits stalking in violation of this
3section commits an aggravated misdemeanor if the offense is a
4first offense which is not included in paragraph “b” “a”.
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