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House File 2284 - IntroducedA Bill ForAn Act 1relating to the scope of certain criminal actions,
2including exclusion zones for registered sex offenders and
3burglary, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692A.113, subsection 1, Code 2024, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. i. Engage in electronic or
4internet-facilitated communication with a minor, or a
5law enforcement officer or agent posing as a minor, unless the
6offender is the parent or guardian of the minor.
7 Sec. 2. Section 713.1, Code 2024, is amended to read as
8follows:
9713.1 Burglary defined.
101. Any person, having the intent to commit a felony,
11assault, or theft therein, who, having no right, license, or
12privilege to do so, enters an occupied structure, such occupied
13structure not being open to the public, or who remains therein
14after it is closed to the public or after the person’s right,
15license, or privilege to be there has expired, or any person
16having such intent who breaks an occupied structure, commits
17burglary.
182. Any person who, having no right, license, or privilege to
19do so, enters the dwelling of another that is not open to the
20public, or who remains in a dwelling after it is closed to the
21public, commits burglary.
22 Sec. 3. Section 713.2, Code 2024, is amended to read as
23follows:
24713.2 Attempted burglary defined.
251. Any person, having the intent to commit a felony,
26assault, or theft therein, who, having no right, license, or
27privilege to do so, attempts to enter an occupied structure,
28the occupied structure not being open to the public, or who
29attempts to remain therein after it is closed to the public or
30after the person’s right, license, or privilege to be there has
31expired, or any person having such intent who attempts to break
32an occupied structure, commits attempted burglary.
332. Any person who, having no right, license, or privilege
34to do so, attempts to enter the dwelling of another that is not
35open to the public, or who attempts to remain in a dwelling
-1-1after it is closed to the public, commits attempted burglary.
2 Sec. 4. Section 713.3, subsection 1, unnumbered paragraph
31, Code 2024, is amended to read as follows:
4A person commits burglary in the first degree if, while
5perpetrating a burglary in or upon an occupied structure or
6dwelling in which one or more persons are present, any of the
7following circumstances apply:
8 Sec. 5. Section 713.4, subsection 1, Code 2024, is amended
9to read as follows:
101. A person commits attempted burglary in the first degree
11if, while perpetrating an attempted burglary in or upon an
12occupied structure or dwelling in which one or more persons
13are present, the person has possession of an explosive or
14incendiary device or material, or a dangerous weapon, or
15intentionally or recklessly inflicts bodily injury on any
16person.
17 Sec. 6. Section 713.5, subsection 1, paragraphs a and b,
18Code 2024, are amended to read as follows:
19a. While perpetrating a burglary in or upon an occupied
20structure or dwelling in which no persons are present, the
21person has possession of an explosive or incendiary device or
22material, or a dangerous weapon, or a bodily injury results to
23any person.
24b. While perpetrating a burglary in or upon an occupied
25structure or dwelling in which one or more persons are
26present, the person does not have possession of an explosive or
27incendiary device or material, nor a dangerous weapon, and no
28bodily injury is caused to any person.
29 Sec. 7. Section 713.6, subsection 1, paragraphs a and b,
30Code 2024, are amended to read as follows:
31a. While perpetrating an attempted burglary in or upon an
32occupied structure or dwelling in which no persons are present,
33the person has possession of an explosive or incendiary device
34or material, or a dangerous weapon, or a bodily injury results
35to any person.
-2- 1b. While perpetrating an attempted burglary in or upon an
2occupied structure or dwelling in which one or more persons are
3present, the person does not have possession of an explosive or
4incendiary device or material, nor a dangerous weapon, and no
5bodily injury is caused to any person.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the scope of certain criminal actions,
10including exclusion zones for registered sex offenders and
11burglary.
12The bill provides that a sex offender who has been
13convicted of a sex offense against a minor in this state or
14in another jurisdiction shall not engage in electronic or
15internet-facilitated communication with a minor, or a law
16enforcement officer or agent posing as a minor, unless the
17offender is the parent or guardian of the minor.
18Current law defines burglary as, with the intent to commit a
19felony, assault, or theft therein, and with no right, license,
20or privilege to do so, entering an occupied structure, such
21occupied structure not being open to the public, or remaining
22therein after it is closed to the public or after a person’s
23right, license, or privilege to be there has expired, or with
24such intent breaking an occupied structure.
25The bill amends the definition of burglary to include, with
26no right, license, or privilege to do so, entering the dwelling
27of another that is not open to the public, or remaining in a
28dwelling after it is closed to the public.
29Current law defines attempted burglary as, with the intent
30to commit a felony, assault, or theft therein, and with, no
31right, license, or privilege to do so, attempting to enter an
32occupied structure, the occupied structure not being open to
33the public, or attempting to remain therein after it is closed
34to the public or after a person’s right, license, or privilege
35to be there has expired, or with such intent attempting to
-3-1break an occupied structure.
2The bill amends the definition of attempted burglary
3to include, with no right, license, or privilege to do so,
4attempting to enter the dwelling of another that is not open
5to the public, or attempting to remain in a dwelling after it
6is closed to the public.
7The bill makes changes to burglary in the first degree,
8attempted burglary in the first degree, burglary in the
9second degree, and attempted burglary in the second degree by
10including an occupied structure or dwelling.
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2including exclusion zones for registered sex offenders and
3burglary, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692A.113, subsection 1, Code 2024, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. i. Engage in electronic or
4internet-facilitated communication with a minor, or a
5law enforcement officer or agent posing as a minor, unless the
6offender is the parent or guardian of the minor.
7 Sec. 2. Section 713.1, Code 2024, is amended to read as
8follows:
9713.1 Burglary defined.
101. Any person, having the intent to commit a felony,
11assault, or theft therein, who, having no right, license, or
12privilege to do so, enters an occupied structure, such occupied
13structure not being open to the public, or who remains therein
14after it is closed to the public or after the person’s right,
15license, or privilege to be there has expired, or any person
16having such intent who breaks an occupied structure, commits
17burglary.
182. Any person who, having no right, license, or privilege to
19do so, enters the dwelling of another that is not open to the
20public, or who remains in a dwelling after it is closed to the
21public, commits burglary.
22 Sec. 3. Section 713.2, Code 2024, is amended to read as
23follows:
24713.2 Attempted burglary defined.
251. Any person, having the intent to commit a felony,
26assault, or theft therein, who, having no right, license, or
27privilege to do so, attempts to enter an occupied structure,
28the occupied structure not being open to the public, or who
29attempts to remain therein after it is closed to the public or
30after the person’s right, license, or privilege to be there has
31expired, or any person having such intent who attempts to break
32an occupied structure, commits attempted burglary.
332. Any person who, having no right, license, or privilege
34to do so, attempts to enter the dwelling of another that is not
35open to the public, or who attempts to remain in a dwelling
-1-1after it is closed to the public, commits attempted burglary.
2 Sec. 4. Section 713.3, subsection 1, unnumbered paragraph
31, Code 2024, is amended to read as follows:
4A person commits burglary in the first degree if, while
5perpetrating a burglary in or upon an occupied structure or
6dwelling in which one or more persons are present, any of the
7following circumstances apply:
8 Sec. 5. Section 713.4, subsection 1, Code 2024, is amended
9to read as follows:
101. A person commits attempted burglary in the first degree
11if, while perpetrating an attempted burglary in or upon an
12occupied structure or dwelling in which one or more persons
13are present, the person has possession of an explosive or
14incendiary device or material, or a dangerous weapon, or
15intentionally or recklessly inflicts bodily injury on any
16person.
17 Sec. 6. Section 713.5, subsection 1, paragraphs a and b,
18Code 2024, are amended to read as follows:
19a. While perpetrating a burglary in or upon an occupied
20structure or dwelling in which no persons are present, the
21person has possession of an explosive or incendiary device or
22material, or a dangerous weapon, or a bodily injury results to
23any person.
24b. While perpetrating a burglary in or upon an occupied
25structure or dwelling in which one or more persons are
26present, the person does not have possession of an explosive or
27incendiary device or material, nor a dangerous weapon, and no
28bodily injury is caused to any person.
29 Sec. 7. Section 713.6, subsection 1, paragraphs a and b,
30Code 2024, are amended to read as follows:
31a. While perpetrating an attempted burglary in or upon an
32occupied structure or dwelling in which no persons are present,
33the person has possession of an explosive or incendiary device
34or material, or a dangerous weapon, or a bodily injury results
35to any person.
-2- 1b. While perpetrating an attempted burglary in or upon an
2occupied structure or dwelling in which one or more persons are
3present, the person does not have possession of an explosive or
4incendiary device or material, nor a dangerous weapon, and no
5bodily injury is caused to any person.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the scope of certain criminal actions,
10including exclusion zones for registered sex offenders and
11burglary.
12The bill provides that a sex offender who has been
13convicted of a sex offense against a minor in this state or
14in another jurisdiction shall not engage in electronic or
15internet-facilitated communication with a minor, or a law
16enforcement officer or agent posing as a minor, unless the
17offender is the parent or guardian of the minor.
18Current law defines burglary as, with the intent to commit a
19felony, assault, or theft therein, and with no right, license,
20or privilege to do so, entering an occupied structure, such
21occupied structure not being open to the public, or remaining
22therein after it is closed to the public or after a person’s
23right, license, or privilege to be there has expired, or with
24such intent breaking an occupied structure.
25The bill amends the definition of burglary to include, with
26no right, license, or privilege to do so, entering the dwelling
27of another that is not open to the public, or remaining in a
28dwelling after it is closed to the public.
29Current law defines attempted burglary as, with the intent
30to commit a felony, assault, or theft therein, and with, no
31right, license, or privilege to do so, attempting to enter an
32occupied structure, the occupied structure not being open to
33the public, or attempting to remain therein after it is closed
34to the public or after a person’s right, license, or privilege
35to be there has expired, or with such intent attempting to
-3-1break an occupied structure.
2The bill amends the definition of attempted burglary
3to include, with no right, license, or privilege to do so,
4attempting to enter the dwelling of another that is not open
5to the public, or attempting to remain in a dwelling after it
6is closed to the public.
7The bill makes changes to burglary in the first degree,
8attempted burglary in the first degree, burglary in the
9second degree, and attempted burglary in the second degree by
10including an occupied structure or dwelling.
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