Bill Text: IA SF201 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to the criminal offense of stalking committed while utilizing a technological device and providing penalties. (Formerly SSB 1070.)
Spectrum: Committee Bill
Status: (Engrossed) 2024-02-21 - Subcommittee: Thompson, P., Collins and Olson. H.J. 362. [SF201 Detail]
Download: Iowa-2023-SF201-Amended.html
Senate
File
201
-
Reprinted
SENATE
FILE
201
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
1070)
(As
Amended
and
Passed
by
the
Senate
March
14,
2023
)
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
stalking
committed
1
while
utilizing
a
technological
device
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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201
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S.F.
201
Section
1.
Section
692A.102,
subsection
1,
paragraph
a,
1
subparagraph
(6),
subparagraph
division
(b),
Code
2023,
is
2
amended
to
read
as
follows:
3
(b)
Stalking
in
violation
of
section
708.11
,
if
a
4
determination
is
made
that
the
offense
was
sexually
motivated
5
pursuant
to
section
692A.126
,
except
a
violation
of
section
6
708.11,
subsection
3
,
paragraph
“b”
“a”
,
subparagraph
(3),
shall
7
be
classified
a
tier
II
offense
as
provided
in
paragraph
“b”
.
8
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
b,
9
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
10
(8)
Stalking
in
violation
of
section
708.11,
subsection
3
,
11
paragraph
“b”
“a”
,
subparagraph
(3),
if
a
determination
is
made
12
that
the
offense
was
sexually
motivated
pursuant
to
section
13
692A.126
.
14
Sec.
3.
Section
708.11,
subsection
1,
paragraph
b,
Code
15
2023,
is
amended
to
read
as
follows:
16
b.
“Course
of
conduct”
means
repeatedly
maintaining
a
visual
17
or
physical
proximity
to
a
person
without
legitimate
purpose,
18
repeatedly
utilizing
a
technological
device
to
locate,
listen
19
to,
or
watch
a
person
without
authorization
or
legitimate
20
purpose,
or
repeatedly
conveying
oral
or
written
threats,
21
threats
implied
by
conduct,
or
a
combination
thereof,
directed
22
at
or
toward
a
person.
23
Sec.
4.
Section
708.11,
subsection
1,
Code
2023,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
e.
“Technological
device”
means
any
26
computer,
cellular
phone,
smartphone,
digital
camera,
video
27
camera,
audio
recording
device,
global
positioning
device,
or
28
other
electronic
device
that
can
be
used
for
creating,
storing,
29
or
transmitting
information
in
the
form
of
electronic
data.
30
Sec.
5.
Section
708.11,
subsection
3,
Code
2023,
is
amended
31
to
read
as
follows:
32
3.
a.
A
person
who
commits
stalking
in
violation
of
this
33
section
commits
a
class
“C”
felony
for
a
third
or
subsequent
34
offense.
if
any
of
the
following
apply:
35
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S.F.
201
(1)
The
person
commits
stalking
while
subject
to
1
restrictions
contained
in
a
criminal
or
civil
protective
2
order
or
injunction,
or
any
other
court
order
which
prohibits
3
contact
between
the
person
and
the
victim,
or
while
subject
to
4
restrictions
contained
in
a
criminal
or
civil
protective
order
5
or
injunction,
or
any
other
court
order
which
prohibits
contact
6
between
the
person
and
another
person
against
whom
the
person
7
has
committed
a
public
offense.
8
(2)
The
person
commits
stalking
while
in
possession
of
a
9
dangerous
weapon,
as
defined
in
section
702.7.
10
(3)
The
person
commits
stalking
by
directing
a
course
of
11
conduct
at
a
specific
person
who
is
under
eighteen
years
of
12
age.
13
(4)
The
person
utilizes
a
technological
device
while
14
committing
stalking.
15
(5)
For
a
third
or
subsequent
offense.
16
b.
A
person
who
commits
stalking
in
violation
of
this
17
section
commits
a
class
“D”
felony
if
any
of
the
following
18
apply:
19
(1)
The
person
commits
stalking
while
subject
to
20
restrictions
contained
in
a
criminal
or
civil
protective
21
order
or
injunction,
or
any
other
court
order
which
prohibits
22
contact
between
the
person
and
the
victim,
or
while
subject
to
23
restrictions
contained
in
a
criminal
or
civil
protective
order
24
or
injunction
or
other
court
order
which
prohibits
contact
25
between
the
person
and
another
person
against
whom
the
person
26
has
committed
a
public
offense.
27
(2)
The
person
commits
stalking
while
in
possession
of
a
28
dangerous
weapon,
as
defined
in
section
702.7
.
29
(3)
The
person
commits
stalking
by
directing
a
course
of
30
conduct
at
a
specific
person
who
is
under
eighteen
years
of
31
age.
32
(4)
The
offense
is
a
second
offense.
33
b.
A
person
who
commits
stalking
in
violation
of
this
34
section
commits
a
class
“D”
felony
if
the
offense
is
a
second
35
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