Bill Text: IA SF275 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal offenses of assault by threat of a targeted attack and cyberharassment, and providing penalties. (Formerly SSB 1009.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-22 - Fiscal note, as amended by S-3186. [SF275 Detail]
Download: Iowa-2019-SF275-Introduced.html
Senate
File
275
-
Introduced
SENATE
FILE
275
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1009)
A
BILL
FOR
An
Act
relating
to
the
criminal
offenses
of
assault
by
threat
1
of
a
targeted
attack
and
cyberharassment,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
708.6A
Threat
of
targeted
attack.
1
1.
Any
person
who
threatens
to
cause
serious
injury
or
2
death
to
persons
assembled
in
a
public
place,
school
building,
3
or
any
occupied
structure
other
than
a
single-family
residence
4
which
thereby
places
such
persons
in
reasonable
apprehension
of
5
serious
injury
or
death,
or
who
threatens
to
commit
such
an
act
6
under
circumstances
raising
a
reasonable
expectation
that
the
7
threat
will
be
carried
out,
commits
a
class
“D”
felony.
8
2.
For
purposes
of
this
section,
“public
place”
means
an
9
indoor
or
outdoor
area,
whether
privately
or
publicly
owned,
10
to
which
the
public
has
access
by
right
or
by
invitation,
11
expressed
or
implied,
whether
by
payment
of
money
or
not,
but
12
not
a
place
when
used
exclusively
by
one
or
more
individuals
13
for
a
private
gathering
or
other
personal
purpose.
14
Sec.
2.
Section
708.7,
subsection
1,
Code
2019,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
c.
A
person
commits
cyberharassment
when,
17
while
making
an
online
communication
using
an
electronic
18
device
or
through
a
social
networking
site,
with
the
intent
19
to
threaten,
intimidate,
or
alarm
another
person,
the
person
20
knowingly
sends
or
posts
comments,
requests,
suggestions,
or
21
threats
of
physical
harm
to
or
about
the
other
person
or
the
22
other
person’s
property
without
legitimate
purpose
and
in
a
23
manner
that
a
reasonable
person
under
the
same
circumstances
24
would
interpret
to
cause
fear
of
physical
or
emotional
harm
to
25
the
person
or
the
person’s
property.
26
Sec.
3.
Section
708.7,
subsection
3,
paragraph
a,
Code
2019,
27
is
amended
to
read
as
follows:
28
a.
A
person
commits
harassment
in
the
second
degree
when
the
29
person
commits
harassment
involving
a
threat
to
commit
bodily
30
injury,
commits
harassment
involving
a
violation
of
subsection
31
1,
paragraph
“c”
,
or
commits
harassment
and
has
previously
been
32
convicted
of
harassment
two
times
under
this
section
or
any
33
similar
statute
during
the
preceding
ten
years.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
establishes
the
criminal
offenses
of
assault
by
3
threat
of
a
targeted
attack
and
cyber
harassment,
and
provides
4
penalties.
5
The
bill
provides
that
any
person
who
threatens
to
cause
6
serious
injury
or
death
to
persons
assembled
in
a
public
7
place,
school
building,
or
any
occupied
structure
other
than
8
a
single-family
residence
which
thereby
places
such
persons
9
in
reasonable
apprehension
of
serious
injury
or
death,
or
who
10
threatens
to
commit
such
an
act
under
circumstances
raising
a
11
reasonable
expectation
that
the
threat
will
be
carried
out,
12
commits
a
class
“D”
felony.
13
The
bill
defines
“public
place”
as
an
indoor
or
outdoor
14
area,
whether
privately
or
publicly
owned,
to
which
the
public
15
has
access
by
right
or
by
invitation,
expressed
or
implied,
16
whether
by
payment
of
money
or
not,
but
not
a
place
when
used
17
exclusively
by
one
or
more
individuals
for
a
private
gathering
18
or
other
personal
purpose.
19
Code
section
702.12
defines
“occupied
structure”
as
any
20
building,
structure,
appurtenances
to
buildings
and
structures,
21
land,
water
or
air
vehicle,
or
similar
place
adapted
for
22
overnight
accommodation
of
persons,
or
occupied
by
persons
for
23
the
purpose
of
carrying
on
business
or
other
activity
therein,
24
or
for
the
storage
or
safekeeping
of
anything
of
value.
Such
a
25
structure
is
an
“occupied
structure”
whether
or
not
a
person
is
26
actually
present.
27
Code
section
702.18
defines
“serious
injury”
as
any
of
the
28
following:
disabling
mental
illness;
bodily
injury
which
29
creates
a
substantial
risk
of
death,
causes
serious
permanent
30
disfigurement,
or
causes
protracted
loss
or
impairment
of
31
the
function
of
any
bodily
member
or
organ;
or
any
injury
32
to
a
child
that
requires
surgical
repair
and
necessitates
33
the
administration
of
general
anesthesia.
“Serious
injury”
34
includes
but
is
not
limited
to
skull
fractures,
rib
fractures,
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and
metaphyseal
fractures
of
the
long
bones
of
children
under
1
the
age
of
four
years.
2
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
3
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
4
$7,500.
5
The
bill
provides
that
a
person
commits
cyberharassment
6
when,
while
making
an
online
communication
using
an
electronic
7
device
or
through
a
social
networking
site,
with
the
intent
8
to
threaten,
intimidate,
or
alarm
another
person,
the
person
9
knowingly
sends
or
posts
comments,
requests,
suggestions,
or
10
threats
of
physical
harm
to
or
about
the
other
person
or
the
11
other
person’s
property
without
legitimate
purpose
and
in
a
12
manner
that
a
reasonable
person
under
the
same
circumstances
13
would
interpret
to
cause
fear
of
physical
or
emotional
harm
to
14
the
person
or
the
person’s
property.
15
The
bill
provides
that
cyberharassment
is
harassment
in
16
the
second
degree
and
is
a
serious
misdemeanor.
A
serious
17
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
18
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
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