SF 201 — A bill for an act relating to the criminal offense of stalking committed while utilizing a technological device and providing penalties.

Senate File 201 - IntroducedReprinted 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 while utilizing a technological device and providing penalties.

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Section 692A.102, subsection 1, paragraph a, subparagraph (6), subparagraph division (b), Code 2023, is amended to read as follows:

(b) Stalking in violation of section 708.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126, except a violation of section 708.11, subsection 3, paragraph “b” “a”, subparagraph (3), shall be classified a tier II offense as provided in paragraph “b”.

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2.

Section 692A.102, subsection 1, paragraph b, subparagraph (8), Code 2023, is amended to read as follows:

(8) Stalking in violation of section 708.11, subsection 3, paragraph “b” “a”, subparagraph (3), if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

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3.

Section 708.11, subsection 1, paragraph b, Code 2023, is amended to read as follows:

b.

“Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.

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4.

“Technological device” means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.

2.5.

(1)SF The201 person(3) commits90 stalking-1- whileas/rh/mb subject1/3 toS.F. restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.

201 (1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.

(1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to LSBrestrictions 1699SVcontained (2)in 90a -1-criminal as/rhor 1/3civil S.F.protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.

201 restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.

A person who commits stalking in violation of this section commits a class “D” felony if the offense is a second offenseSF which201 is(3) not90 included-2- inas/rh/mb paragraph2/3 “a”.S.F.

201 offense which is not included in paragraph “a”.

EXPLANATIONSF The201 inclusion(3) of90 this-3- explanationas/rh/mb does3/3 not constitute agreement with the explanation’s substance by the members of the general assembly.

This bill relates to the criminal offense of stalking committed while utilizing a technological device.

Current law provides that a person who commits stalking in violation of Code section 708.11 is subject to criminal penalties ranging from an aggravated misdemeanor (confinement for no more than two years and a fine of at least $855 but not more than $8,540) to a class “C” felony (confinement for no more than 10 years and a fine of at least $1,370 but no more than $13,660), dependent upon the circumstances of the offense including the number of times the person has committed the offense.

The bill provides that a person who commits stalking commits a class “C” felony if any of the following apply:

the person commits stalking while subject to a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim or LSB 1699SV (2) 90 -2- as/rh 2/3 S.F.

201 between the person and another person against whom the person has committed a public offense;

the person commits stalking while in possession of a dangerous weapon;

the person commits stalking by directing a course of conduct at a specific person who is under 18 years of age;

the person utilizes a technological device while committing stalking;

or for a third or subsequent stalking offense.

The bill provides that a person who commits stalking commits a class “D” felony if the offense is a second offense and if none of the elements making the offense a class “C” felony are present.

A person who commits stalking commits an aggravated misdemeanor if the offense is a first offense and if none of the elements making the offense a class “C” felony are present.

The bill provides a definition of “technological device”.

LSB 1699SV (2) 90 -3- as/rh 3/3