Bill Text: IA SSB1009 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-01-17 - Subcommittee recommends passage. [SSB1009 Detail]
Download: Iowa-2019-SSB1009-Introduced.html
Senate
Study
Bill
1009
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
assault
by
threat
1
of
a
targeted
attack,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
establishes
the
criminal
offense
of
assault
by
18
threat
of
a
targeted
attack
and
provides
penalties.
19
The
bill
provides
that
any
person
who
threatens
to
cause
20
serious
injury
or
death
to
persons
assembled
in
a
public
21
place,
school
building,
or
any
occupied
structure
other
than
22
a
single-family
residence
which
thereby
places
such
persons
23
in
reasonable
apprehension
of
serious
injury
or
death,
or
who
24
threatens
to
commit
such
an
act
under
circumstances
raising
a
25
reasonable
expectation
that
the
threat
will
be
carried
out,
26
commits
a
class
“D”
felony.
27
The
bill
defines
“public
place”
as
an
indoor
or
outdoor
28
area,
whether
privately
or
publicly
owned,
to
which
the
public
29
has
access
by
right
or
by
invitation,
expressed
or
implied,
30
whether
by
payment
of
money
or
not,
but
not
a
place
when
used
31
exclusively
by
one
or
more
individuals
for
a
private
gathering
32
or
other
personal
purpose.
33
Code
section
702.12
defines
“occupied
structure”
as
any
34
building,
structure,
appurtenances
to
buildings
and
structures,
35
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land,
water
or
air
vehicle,
or
similar
place
adapted
for
1
overnight
accommodation
of
persons,
or
occupied
by
persons
for
2
the
purpose
of
carrying
on
business
or
other
activity
therein,
3
or
for
the
storage
or
safekeeping
of
anything
of
value.
Such
a
4
structure
is
an
“occupied
structure”
whether
or
not
a
person
is
5
actually
present.
6
Code
section
702.18
defines
“serious
injury”
as
any
of
the
7
following:
disabling
mental
illness;
bodily
injury
which
8
creates
a
substantial
risk
of
death,
causes
serious
permanent
9
disfigurement,
or
causes
protracted
loss
or
impairment
of
10
the
function
of
any
bodily
member
or
organ;
or
any
injury
11
to
a
child
that
requires
surgical
repair
and
necessitates
12
the
administration
of
general
anesthesia.
“Serious
injury”
13
includes
but
is
not
limited
to
skull
fractures,
rib
fractures,
14
and
metaphyseal
fractures
of
the
long
bones
of
children
under
15
the
age
of
four
years.
16
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
17
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
18
$7,500.
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