House File 183 - Introduced




                                 HOUSE FILE       
                                 BY  HEARTSILL

                                      A BILL FOR

  1 An Act creating the criminal offense of invasion of privacy by
  2    trespassing and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1039YH (2) 86
    jm/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  709.21A  Invasion of privacy by
  1  2 trespassing.
  1  3    1.  A person commits invasion of privacy by trespassing if
  1  4 all of the following apply:
  1  5    a.  The person knowingly views or photographs or films
  1  6 another person through the window or any other aperture of a
  1  7 house or place of dwelling of the other person.
  1  8    b.  The person is trespassing on the property of the other
  1  9 person as provided in section 716.7.
  1 10    c.  The other person does not consent or is unable to consent
  1 11 to the activity in paragraph "a".
  1 12    2.  As used in this section, "photographs or films" means the
  1 13 making of any photograph, motion picture film, videotape, or
  1 14 any other recording or transmission of the image of a person.
  1 15    3.  A person who violates this section commits an aggravated
  1 16 misdemeanor.
  1 17                           EXPLANATION
  1 18 The inclusion of this explanation does not constitute agreement with
  1 19 the explanation's substance by the members of the general assembly.
  1 20    This bill creates the criminal offense of invasion of
  1 21 privacy by trespassing.
  1 22    Under the bill, a person commits invasion of privacy by
  1 23 trespassing if the person views or photographs or films another
  1 24 person through the window or any other aperture of a house or
  1 25 dwelling of the other person, the person is trespassing on the
  1 26 property of the other person, as defined in Code section 716.7,
  1 27 and the other person does not consent or is unable to consent
  1 28 to such an activity.
  1 29    The bill defines "photographs or films" to mean the making of
  1 30 any photograph, motion picture film, videotape, or any other
  1 31 recording or transmission of the image of a person in a house
  1 32 or place of dwelling.
  1 33    A person who violates the bill commits an aggravated
  1 34 misdemeanor.  An aggravated misdemeanor is punishable by
  1 35 confinement for no more than two years and a fine of at least
  2  1 $625 but not more than $6,250.
       LSB 1039YH (2) 86
       jm/nh