Bill Text: IA SF2185 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act relating to a criminal trespass that results in a violation of a person's expectation of privacy, and modifying penalties for invasion of privacy. (Formerly SSB 3121.) Effective 7-1-16.

Spectrum: Committee Bill

Status: (Passed) 2016-04-13 - Signed by Governor. S.J. 692. [SF2185 Detail]

Download: Iowa-2015-SF2185-Enrolled.html

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Senate File 2185 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  3121)
 \5
                                   A BILL FOR
 \1
                                       Senate File 2185

                             AN ACT
 RELATING TO A CRIMINAL TRESPASS THAT RESULTS IN A VIOLATION OF
    A PERSON'S EXPECTATION OF PRIVACY, AND MODIFYING PENALTIES
    FOR INVASION OF PRIVACY.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  702.25  Film.
 "Film" means capturing moving images upon a membrane or other
 thin flexible material coated with light sensitive emulsion;
 capturing moving images electronically or digitally in such
 a manner that the images are stored by a computer or other
 electronic device; or receiving moving images in a continuous
 flow.
    Sec. 2.  Section 709.21, subsection 3, Code 2015, is amended
 to read as follows:
    3.  A person who violates this section commits a serious an
 aggravated misdemeanor.
    Sec. 3.  Section 716.7, subsection 1, Code 2016, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  f.  "Reasonable expectation of privacy" means
 circumstances in which a reasonable person would believe that
 the person could disrobe or partially disrobe in privacy,
 without being concerned that the person disrobing or partially
 disrobing was being viewed, photographed, or filmed when doing
 so.
    Sec. 4.  Section 716.7, subsection 2, paragraph a, Code 2016,
 is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (7)  Intentionally viewing,
 photographing, or filming another person through the window or
 any other aperture of a dwelling, without legitimate purpose,
 while present on the real property upon which the dwelling is
 located, or while placing on or retrieving from such property
 equipment to view, photograph, or film another person, if the
 person being viewed, photographed, or filmed has a reasonable
 expectation of privacy, and if the person being viewed,
 photographed, or filmed does not consent or cannot consent to
 being viewed, photographed, or filmed.
    Sec. 5.  Section 716.8, subsection 1, Code 2016, is amended
 to read as follows:
    1.  Any person who knowingly trespasses upon the property of
 another commits a simple misdemeanor, except that any person
 who intentionally trespasses as defined in section 716.7,
 subsection 2, paragraph "a", subparagraph (7), commits a
 serious misdemeanor.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2185, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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