708.1 ASSAULT DEFINED.
An assault as defined in this section is a general intent crime.
A person commits an assault when, without justification, the person
does any of the following:
1. Any act which is intended to cause pain or injury to, or which
is intended to result in physical contact which will be insulting or
offensive to another, coupled with the apparent ability to execute
the act.
2. Any act which is intended to place another in fear of
immediate physical contact which will be painful, injurious,
insulting, or offensive, coupled with the apparent ability to execute
the act.
3. Intentionally points any firearm toward another, or displays
in a threatening manner any dangerous weapon toward another.
Provided, that where the person doing any of the above enumerated
acts, and such other person, are voluntary participants in a sport,
social or other activity, not in itself criminal, and such act is a
reasonably foreseeable incident of such sport or activity, and does
not create an unreasonable risk of serious injury or breach of the
peace, the act shall not be an assault.
Provided, that where the person doing any of the above enumerated
acts is employed by a school district or accredited nonpublic school,
or is an area education agency staff member who provides services to
a school or school district, and intervenes in a fight or physical
struggle, or other disruptive situation, that takes place in the
presence of the employee or staff member performing employment duties
in a school building, on school grounds, or at an official school
function regardless of the location, the act shall not be an assault,
whether the fight or physical struggle or other disruptive situation
is between students or other individuals, if the degree and the force
of the intervention is reasonably necessary to restore order and to
protect the safety of those assembled. Section History: Early Form
[C51, § 2594, 2597; R60, § 4217, 4220; C73, § 3875, 3878, 3879;
C97, § 4771, 4774, 4775; S13, § 4771; C24, 27, 31, 35, 39, § 12929,
12930, 12934; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 694.1,
694.2, 694.6; C79, 81, § 708.1] Section History: Recent Form
95 Acts, ch 191, § 49; 2002 Acts, ch 1094, §1
Referred to in § 135.108, 232.52, 236.2, 282.4, 707.2, 708.2,
708.2A, 708.2B, 708.2C, 708.3, 708.3A, 708.3B, 709.11, 719.1, 724.8,
724.15, 907.3
708.2 PENALTIES FOR ASSAULT.
1. A person who commits an assault, as defined in section 708.1,
with the intent to inflict a serious injury upon another, is guilty
of an aggravated misdemeanor.
2. A person who commits an assault, as defined in section 708.1,
and who causes bodily injury or mental illness, is guilty of a
serious misdemeanor.
3. A person who commits an assault, as defined in section 708.1,
and uses or displays a dangerous weapon in connection with the
assault, is guilty of an aggravated misdemeanor. This subsection
does not apply if section 708.6 or 708.8 applies.
4. A person who commits an assault, as defined in section 708.1,
and who causes serious injury, is guilty of a class "D" felony.
5. A person who commits an assault, as defined in section 708.1,
and who uses any object to penetrate the genitalia or anus of another
person, is guilty of a class "C" felony.
6. Any other assault, except as otherwise provided, is a simple
misdemeanor. Section History: Early Form
[C51, § 2593--2595, 2597; R60, § 4216--4218, 4220; C73, §
3874--3876, 3878, 3879; C97, § 4770--4772, 4774, 4775; C24, 27, 31,
35, 39, § 12929--12935; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
§ 694.1--694.7; C79, 81, § 708.2; 81 Acts, ch 204, § 3] Section History: Recent Form
87 Acts, ch 154, §8; 98 Acts, ch 1026, §1; 99 Acts, ch 65, §3;
2003 Acts, ch 132, §2
Referred to in § 232.22, 708.2A, 907.3
Definition of forcible felony, §702.11
708.2A DOMESTIC ABUSE ASSAULT -- MANDATORY MINIMUMS,
PENALTIES ENHANCED -- EXTENSION OF NO-CONTACT ORDER.
1. For the purposes of this chapter, "domestic abuse assault"
means an assault, as defined in section 708.1, which is domestic
abuse as defined in section 236.2, subsection 2, paragraph "a",
"b", "c", or "d".
2. On a first offense of domestic abuse assault, the person
commits:
a. A simple misdemeanor for a domestic abuse assault, except
as otherwise provided.
b. A serious misdemeanor, if the domestic abuse assault
causes bodily injury or mental illness.
c. An aggravated misdemeanor, if the domestic abuse assault
is committed with the intent to inflict a serious injury upon
another, or if the person uses or displays a dangerous weapon in
connection with the assault. This paragraph does not apply if
section 708.6 or 708.8 applies.
3. Except as otherwise provided in subsection 2, on a second
domestic abuse assault, a person commits:
a. A serious misdemeanor, if the first offense was classified
as a simple misdemeanor, and the second offense would otherwise be
classified as a simple misdemeanor.
b. An aggravated misdemeanor, if the first offense was
classified as a simple or aggravated misdemeanor, and the second
offense would otherwise be classified as a serious misdemeanor, or
the first offense was classified as a serious or aggravated
misdemeanor, and the second offense would otherwise be classified as
a simple or serious misdemeanor.
4. On a third or subsequent offense of domestic abuse assault, a
person commits a class "D" felony.
5. a. A conviction for, deferred judgment for, or plea of
guilty to, a violation of this section which occurred more than
twelve years prior to the date of the violation charged shall not be
considered in determining that the violation charged is a second or
subsequent offense.
b. For the purpose of determining if a violation charged is a
second or subsequent offense, deferred judgments issued pursuant to
section 907.3 for violations of section 708.2 or this section, which
were issued on domestic abuse assaults, and convictions or the
equivalent of deferred judgments for violations in any other states
under statutes substantially corresponding to this section shall be
counted as previous offenses. The courts shall judicially notice the
statutes of other states which define offenses substantially
equivalent to the offenses defined in this section and can therefore
be considered corresponding statutes. Each previous violation on
which conviction or deferral of judgment was entered prior to the
date of the offense charged shall be considered and counted as a
separate previous offense.
c. An offense shall be considered a prior offense regardless
of whether it was committed upon the same victim.
6. a. A person convicted of violating subsection 2 or 3 shall
serve a minimum term of two days of the sentence imposed by law, and
shall not be eligible for suspension of the minimum sentence. The
minimum term shall be served on consecutive days. The court shall
not impose a fine in lieu of the minimum sentence, although a fine
may be imposed in addition to the minimum sentence. This section
does not prohibit the court from sentencing and the person from
serving the maximum term of confinement or from paying the maximum
fine permitted pursuant to chapters 902 and 903, and does not
prohibit the court from entering a deferred judgment or sentence
pursuant to section 907.3, if the person has not previously received
a deferred sentence or judgment for a violation of section 708.2 or
this section which was issued on a domestic abuse assault.
b. A person convicted of violating subsection 4 shall be
sentenced as provided under section 902.9, subsection 5, and shall be
denied parole or work release until the person has served a minimum
of one year of the person's sentence. Notwithstanding section 901.5,
subsections 1, 3, and 5 and section 907.3, the person cannot receive
a suspended or deferred sentence or a deferred judgment; however, the
person sentenced shall receive credit for any time the person was
confined in a jail or detention facility following arrest.
7. If a person is convicted for, receives a deferred judgment
for, or pleads guilty to a violation of this section, the court shall
modify the no-contact order issued upon initial appearance in the
manner provided in section 664A.5, regardless of whether the person
is placed on probation.
8. The clerk of the district court shall provide notice and
copies of a judgment entered under this section to the applicable law
enforcement agencies and the twenty-four hour dispatcher for the law
enforcement agencies, in the manner provided for protective orders
under section 236.5. The clerk shall provide notice and copies of
modifications of the judgment in the same manner.
9. In addition to the mandatory minimum term of confinement
imposed by subsection 6, paragraph "a", the court shall order a
person convicted under subsection 2 or 3 to participate in a
batterers' treatment program as required under section 708.2B. In
addition, as a condition of deferring judgment or sentence pursuant
to section 907.3, the court shall order the person to participate in
a batterers' treatment program. The clerk of the district court
shall send a copy of the judgment or deferred judgment to the
judicial district department of correctional services. Section History: Recent Form
87 Acts, ch 154, § 9; 91 Acts, ch 218, § 27; 91 Acts, ch 219, §
19, 20; 92 Acts, ch 1163, § 118; 93 Acts, ch 157, §9; 94 Acts, ch
1093, §2; 95 Acts, ch 90, § 1; 96 Acts, ch 1131, § 3; 97 Acts, ch 33,
§14; 98 Acts, ch 1192, §1; 99 Acts, ch 65, §4; 99 Acts, ch 114, §45;
2002 Acts, ch 1004, §4; 2006 Acts, ch 1101, §13, 14
Referred to in § 232.22, 232.52, 236.12, 236.18, 598.16, 598.41,
600A.8, 664A.1, 664A.2, 664A.6, 664A.7, 708.2B, 907.3, 915.22
708.2B TREATMENT OF DOMESTIC ABUSE OFFENDERS.
As used in this section, "district department" means a
judicial district department of correctional services, established
pursuant to section 905.2. A person convicted of, or receiving a
deferred judgment for, domestic abuse assault as defined in section
708.2A, shall report to the district department in order to
participate in a batterers' treatment program for domestic abuse
offenders. In addition, a person convicted of, or receiving a
deferred judgment for, an assault, as defined in section 708.1, which
is domestic abuse, as defined in section 236.2, subsection 2,
paragraph "e", may be ordered by the court to participate in a
batterers' treatment program. Participation in the batterers'
treatment program shall not require a person to be placed on
probation, but a person on probation may participate in the program.
The district departments may contract for services in completing the
duties relating to the batterers' treatment programs. The district
departments shall assess the fees for participation in the program,
and shall either collect or contract for the collection of the fees
to recoup the costs of treatment, but may waive the fee or collect a
lesser amount upon a showing of cause. The fees shall be used by
each of the district departments or contract service providers for
the establishment, administration, coordination, and provision of
direct services of the batterers' treatment programs.
District departments or contract service providers shall receive
upon request peace officers' investigative reports regarding persons
participating in programs under this section. The receipt of reports
under this section shall not waive the confidentiality of the reports
under section 22.7. Section History: Recent Form
91 Acts, ch 218, §28; 91 Acts, ch 219, §35; 95 Acts, ch 180, § 15;
2002 Acts, ch 1004, §5
Referred to in § 232.29, 232.46, 232.52, 236.18, 708.2A, 905.6
708.2C ASSAULT IN VIOLATION OF INDIVIDUAL RIGHTS --
PENALTIES.
1. For the purposes of this chapter, "assault in violation of
individual rights" means an assault, as defined in section 708.1,
which is a hate crime as defined in section 729A.2.
2. A person who commits an assault in violation of individual
rights, with the intent to inflict a serious injury upon another, is
guilty of a class "D" felony.
3. A person who commits an assault in violation of individual
rights, and who causes bodily injury or mental illness, is guilty of
an aggravated misdemeanor.
4. A person who commits an assault in violation of individual
rights and uses or displays a dangerous weapon in connection with the
assault, is guilty of a class "D" felony.
5. Any other assault in violation of individual rights, except as
otherwise provided, is a serious misdemeanor. Section History: Recent Form
92 Acts, ch 1157, § 3; 95 Acts, ch 90, § 2
Referred to in § 729A.2
708.3 ASSAULT WHILE PARTICIPATING IN A FELONY.
Any person who commits an assault as defined in section 708.1
while participating in a felony other than a sexual abuse is guilty
of a class "C" felony if the person thereby causes serious injury to
any person; if no serious injury results, the person is guilty of a
class "D" felony. Section History: Early Form
[C51, § 2592, 2593, 2595; R60, § 4215, 4216, 4218; C73, § 3873,
3874, 3876; C97, § 4769, 4770, 4772; C24, 27, 31, 35, 39, § 12933,
12935, 12968; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 694.5,
694.7, 698.4; C79, 81, § 708.3; 81 Acts, ch 204, § 4]
Referred to in § 80A.4
708.3A ASSAULTS ON PERSONS ENGAGED IN CERTAIN
OCCUPATIONS.
1. A person who commits an assault, as defined in section 708.1,
against a peace officer, jailer, correctional staff, member or
employee of the board of parole, health care provider, employee of
the department of human services, employee of the department of
revenue, or fire fighter, whether paid or volunteer, with the
knowledge that the person against whom the assault is committed is a
peace officer, jailer, correctional staff, member or employee of the
board of parole, health care provider, employee of the department of
human services, employee of the department of revenue, or fire
fighter and with the intent to inflict a serious injury upon the
peace officer, jailer, correctional staff, member or employee of the
board of parole, health care provider, employee of the department of
human services, employee of the department of revenue, or fire
fighter, is guilty of a class "D" felony.
2. A person who commits an assault, as defined in section 708.1,
against a peace officer, jailer, correctional staff, member or
employee of the board of parole, health care provider, employee of
the department of human services, employee of the department of
revenue, or fire fighter, whether paid or volunteer, who knows that
the person against whom the assault is committed is a peace officer,
jailer, correctional staff, member or employee of the board of
parole, health care provider, employee of the department of human
services, employee of the department of revenue, or fire fighter and
who uses or displays a dangerous weapon in connection with the
assault, is guilty of a class "D" felony.
3. A person who commits an assault, as defined in section 708.1,
against a peace officer, jailer, correctional staff, member or
employee of the board of parole, health care provider, employee of
the department of human services, employee of the department of
revenue, or fire fighter, whether paid or volunteer, who knows that
the person against whom the assault is committed is a peace officer,
jailer, correctional staff, member or employee of the board of
parole, health care provider, employee of the department of human
services, employee of the department of revenue, or fire fighter, and
who causes bodily injury or mental illness, is guilty of an
aggravated misdemeanor.
4. Any other assault, as defined in section 708.1, committed
against a peace officer, jailer, correctional staff, member or
employee of the board of parole, health care provider, employee of
the department of human services, employee of the department of
revenue, or fire fighter, whether paid or volunteer, by a person who
knows that the person against whom the assault is committed is a
peace officer, jailer, correctional staff, member or employee of the
board of parole, health care provider, employee of the department of
human services, employee of the department of revenue, or fire
fighter, is a serious misdemeanor.
5. As used in this section, the following definitions apply:
a. "Correctional staff" means a person who is not a peace
officer but who is employed by the department of corrections or a
judicial district department of correctional services to work at or
in a correctional institution, community-based correctional facility,
or an institution under the management of the Iowa department of
corrections which is used for the purposes of confinement of persons
who have committed public offenses.
b. "Employee of the department of human services" means a
person who is an employee of an institution controlled by the
director of human services that is listed in section 218.1, or who is
an employee of the civil commitment unit for sex offenders operated
by the department of human services. A person who commits an assault
under this section against an employee of the department of human
services at a department of human services institution or unit is
presumed to know that the person against whom the assault is
committed is an employee of the department of human services.
c. "Employee of the department of revenue" means a person who
is employed as an auditor, agent, tax collector, or any contractor or
representative acting in the same capacity. The employee,
contractor, or representative shall maintain current identification
indicating that the person is an employee, contractor, or
representative of the department.
d. "Health care provider" means an emergency medical care
provider as defined in chapter 147A or a person licensed or
registered under chapter 148, 148C, 148D, or 152 who is providing or
who is attempting to provide emergency medical services, as defined
in section 147A.1, or who is providing or who is attempting to
provide health services as defined in section 135.61 in a hospital.
A person who commits an assault under this section against a health
care provider in a hospital, or at the scene or during
out-of-hospital patient transportation in an ambulance, is presumed
to know that the person against whom the assault is committed is a
health care provider.
e. "Jailer" means a person who is employed by a county or
other political subdivision of the state to work at a county jail or
other facility used for purposes of the confinement of persons who
have committed public offenses, but who is not a peace officer. Section History: Recent Form
95 Acts, ch 90, §3; 96 Acts, ch 1069, § 1; 98 Acts, ch 1026, §2;
99 Acts, ch 64, §1; 2004 Acts, ch 1135, §1, 2; 2005 Acts, ch 3, §109;
2005 Acts, ch 140, §69, 70; 2008 Acts, ch 1088, §140
708.3B INMATE ASSAULTS -- BODILY FLUIDS OR
SECRETIONS.
A person who, while confined in a jail or in an institution or
facility under the control of the department of corrections, commits
any of the following acts commits a class "D" felony:
1. An assault, as defined under section 708.1, upon an employee
of the jail or institution or facility under the control of the
department of corrections, which results in the employee's contact
with blood, seminal fluid, urine, or feces.
2. An act which is intended to cause pain or injury or be
insulting or offensive and which results in blood, seminal fluid,
urine, or feces being cast or expelled upon an employee of the jail
or institution or facility under the control of the department of
corrections. Section History: Recent Form
97 Acts, ch 79, §1
708.4 WILLFUL INJURY.
Any person who does an act which is not justified and which is
intended to cause serious injury to another commits the following:
1. A class "C" felony, if the person causes serious injury to
another.
2. A class "D" felony, if the person causes bodily injury to
another. Section History: Early Form
[C51, § 2577, 2594; R60, § 4200, 4217; C73, § 3857, 3875; C97, §
4752, 4771, 4797; S13, § 4771; C24, 27, 31, 35, 39, § 12928, 12934,
12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 693.1, 694.6,
697.2; C79, 81, § 708.4] Section History: Recent Form
99 Acts, ch 65, §5
Referred to in § 80A.4, 702.11
708.5 ADMINISTERING HARMFUL SUBSTANCES.
Any person who administers to another or causes another to take,
without the other person's consent or by threat or deception, and for
other than medicinal purposes, any poisonous, stupefying,
stimulating, depressing, tranquilizing, narcotic, hypnotic,
hallucinating, or anesthetic substance in sufficient quantity to have
such effect, commits a class "D" felony. Section History: Early Form
[C79, 81, § 708.5]
Referred to in § 80A.4
See also chapters 124, 126, and 205
708.6 INTIMIDATION WITH A DANGEROUS WEAPON.
A person commits a class "C" felony when the person, with the
intent to injure or provoke fear or anger in another, shoots, throws,
launches, or discharges a dangerous weapon at, into, or in a
building, vehicle, airplane, railroad engine, railroad car, or boat,
occupied by another person, or within an assembly of people, and
thereby places the occupants or people in reasonable apprehension of
serious injury or threatens to commit such an act under circumstances
raising a reasonable expectation that the threat will be carried out.
A person commits a class "D" felony when the person shoots,
throws, launches, or discharges a dangerous weapon at, into, or in a
building, vehicle, airplane, railroad engine, railroad car, or boat,
occupied by another person, or within an assembly of people, and
thereby places the occupants or people in reasonable apprehension of
serious injury or threatens to commit such an act under circumstances
raising a reasonable expectation that the threat will be carried out.
Section History: Early Form
[C97, § 4799, 4810; C24, 27, 31, 35, 39, § 13081, 13123; C46,
50, 54, 58, 62, 66, 71, 73, 75, 77, § 714.2, 716.11; C79, 81, §
708.6; 81 Acts, ch 204, § 5] Section History: Recent Form
93 Acts, ch 112, §1, 2; 2002 Acts, ch 1075, §8
Referred to in § 80A.4, 708.2, 708.2A, 723A.1
708.7 HARASSMENT.
1. a. A person commits harassment when, with intent to
intimidate, annoy, or alarm another person, the person does any of
the following:
(1) Communicates with another by telephone, telegraph, writing,
or via electronic communication without legitimate purpose and in a
manner likely to cause the other person annoyance or harm.
(2) Places a simulated explosive or simulated incendiary device
in or near a building, vehicle, airplane, railroad engine or railroad
car, or boat occupied by another person.
(3) Orders merchandise or services in the name of another, or to
be delivered to another, without the other person's knowledge or
consent.
(4) Reports or causes to be reported false information to a law
enforcement authority implicating another in some criminal activity,
knowing that the information is false, or reports the alleged
occurrence of a criminal act, knowing the act did not occur.
b. A person commits harassment when the person, purposefully
and without legitimate purpose, has personal contact with another
person, with the intent to threaten, intimidate, or alarm that other
person. As used in this section, unless the context otherwise
requires, "personal contact" means an encounter in which two or
more people are in visual or physical proximity to each other.
"Personal contact" does not require a physical touching or oral
communication, although it may include these types of contacts.
2. a. A person commits harassment in the first degree when
the person commits harassment involving a threat to commit a forcible
felony, or commits harassment and has previously been convicted of
harassment three or more times under this section or any similar
statute during the preceding ten years.
b. Harassment in the first degree is an aggravated
misdemeanor.
3. a. A person commits harassment in the second degree when
the person commits harassment involving a threat to commit bodily
injury, or commits harassment and has previously been convicted of
harassment two times under this section or any similar statute during
the preceding ten years.
b. Harassment in the second degree is a serious misdemeanor.
4. a. Any other act of harassment is harassment in the third
degree.
b. Harassment in the third degree is a simple misdemeanor.
5. For purposes of determining whether or not the person should
register as a sex offender pursuant to the provisions of chapter
692A, the fact finder shall make a determination as provided in
section 692A.126. Section History: Early Form
[C71, 73, 75, 77, § 714.37, 714.42; C79, 81, § 708.7; 82 Acts, ch
1209, § 19] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 86 Acts, ch 1238, § 28; 87 Acts, ch
13, § 4; 89 Acts, ch 226, § 1; 94 Acts, ch 1093, §3; 2000 Acts, ch
1132, §3; 2009 Acts, ch 119, §53
Referred to in § 664A.2, 692A.102, 692A.126, 720.7, 724.8, 724.15
Harassment with intent to interfere with official judicial acts,
see §720.7
708.8 GOING ARMED WITH INTENT.
A person who goes armed with any dangerous weapon with the intent
to use without justification such weapon against the person of
another commits a class "D" felony. Section History: Early Form
[C35, § 12935-g1; C39, § 12935.1; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, § 695.1; C79, 81, § 708.8]
Referred to in § 80A.4, 708.2, 708.2A, 723A.1
708.9 SPRING GUNS AND TRAPS.
Any person who in any place sets a spring gun or a trap which is
intended to be sprung by a person and which can cause such person
serious injury commits an aggravated misdemeanor. Section History: Early Form
[C79, 81, § 708.9]
Referred to in § 80A.4
708.10 HAZING.
1. a. A person commits an act of hazing when the person
intentionally or recklessly engages in any act or acts involving
forced activity which endanger the physical health or safety of a
student for the purpose of initiation or admission into, or
affiliation with, any organization operating in connection with a
school, college, or university. Prohibited acts include, but are not
limited to, any brutality of a physical nature such as whipping,
forced confinement, or any other forced activity which endangers the
physical health or safety of the student.
b. For purposes of this section, "forced activity" means
any activity which is a condition of initiation or admission into, or
affiliation with, an organization, regardless of a student's
willingness to participate in the activity.
2. A person who commits an act of hazing is guilty of a simple
misdemeanor.
3. A person who commits an act of hazing which causes serious
bodily injury to another is guilty of a serious misdemeanor. Section History: Recent Form
89 Acts, ch 41, § 1
708.11 STALKING.
1. As used in this section, unless the context otherwise
requires:
a. "Accompanying offense" means any public offense committed
as part of the course of conduct engaged in while committing the
offense of stalking.
b. "Course of conduct" means repeatedly maintaining a visual
or physical proximity to a person without legitimate purpose or
repeatedly conveying oral or written threats, threats implied by
conduct, or a combination thereof, directed at or toward a person.
c. "Immediate family member" means a spouse, parent, child,
sibling, or any other person who regularly resides in the household
of a specific person, or who within the prior six months regularly
resided in the household of a specific person.
d. "Repeatedly" means on two or more occasions.
2. A person commits stalking when all of the following occur:
a. The person purposefully engages in a course of conduct
directed at a specific person that would cause a reasonable person to
fear bodily injury to, or the death of, that specific person or a
member of the specific person's immediate family.
b. The person has knowledge or should have knowledge that the
specific person will be placed in reasonable fear of bodily injury
to, or the death of, that specific person or a member of the specific
person's immediate family by the course of conduct.
c. The person's course of conduct induces fear in the
specific person of bodily injury to, or the death of, the specific
person or a member of the specific person's immediate family.
3. a. A person who commits stalking in violation of this
section commits a class "C" felony for a third or subsequent offense.
b. A person who commits stalking in violation of this section
commits a class "D" felony if any of the following apply:
(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 other court order which
prohibits contact between the person and another person against whom
the person has committed a public offense.
(2) The person commits stalking while in possession of a
dangerous weapon, as defined in section 702.7.
(3) The person commits stalking by directing a course of conduct
at a specific person who is under eighteen years of age.
(4) The offense is a second offense.
c. A person who commits stalking in violation of this section
commits an aggravated misdemeanor if the offense is a first offense
which is not included in paragraph "b".
4. Violations of this section and accompanying offenses shall be
considered prior offenses for the purpose of determining whether an
offense is a second or subsequent offense. A conviction for,
deferred judgment for, or plea of guilty to a violation of this
section or an accompanying offense which occurred at any time prior
to the date of the violation charged shall be considered in
determining that the violation charged is a second or subsequent
offense. Deferred judgments pursuant to section 907.3 for violations
of this section or accompanying offenses and convictions or the
equivalent of deferred judgments for violations in any other states
under statutes substantially corresponding to this section or
accompanying offenses shall be counted as previous offenses. The
courts shall judicially notice the statutes of other states which
define offenses substantially equivalent to the offenses defined in
this section and its accompanying offenses and can therefore be
considered corresponding statutes. Each previous violation of this
section or an accompanying offense on which conviction or deferral of
judgment was entered prior to the date of the violation charged shall
be considered and counted as a separate previous offense. In
addition, however, accompanying offenses committed as part of the
course of conduct engaged in while committing the violation of
stalking charged shall be considered prior offenses for the purpose
of that violation, even though the accompanying offenses occurred at
approximately the same time. An offense shall be considered a second
or subsequent offense regardless of whether it was committed upon the
same person who was the victim of any other previous offense.
5. Notwithstanding section 804.1, rule of criminal procedure 2.7,
Iowa court rules, or any other provision of law to the contrary, upon
the filing of a complaint and a finding of probable cause to believe
an offense has been committed in violation of this section, or after
the filing of an indictment or information alleging a violation of
this section, the court shall issue an arrest warrant, rather than a
citation or summons. A peace officer shall not issue a citation in
lieu of arrest for a violation of this section. Notwithstanding
section 804.21 or any other provision of law to the contrary, a
person arrested for stalking shall be immediately taken into custody
and shall not be released pursuant to pretrial release guidelines, a
bond schedule, or any similar device, until after the initial
appearance before a magistrate. In establishing the conditions of
release, the magistrate may consider the defendant's prior criminal
history, in addition to the other factors provided in section 811.2.
6. For purposes of determining whether or not the person should
register as a sex offender pursuant to the provisions of chapter
692A, the fact finder shall make a determination as provided in
section 692A.126. Section History: Recent Form
92 Acts, ch 1179, § 1; 94 Acts, ch 1093, §4; 98 Acts, ch 1021, §4;
2002 Acts, ch 1119, §106; 2009 Acts, ch 119, §54
Referred to in § 664A.2, 692.22, 692A.102, 692A.126, 805.1, 811.1
708.12 HARASSMENT AND STALKING -- NO-CONTACT.
Repealed by 2006 Acts, ch 1101, § 21. See § 664A.3.
708.13 DISARMING A PEACE OFFICER OF A DANGEROUS
WEAPON.
1. A person who knowingly or intentionally removes or attempts to
remove a dangerous weapon, as defined in section 702.7, from the
possession of a peace officer, as defined in section 724.2A, when the
officer is in the performance of any act which is within the scope of
the lawful duty or authority of that officer and the person knew or
should have known the individual to be a peace officer, commits the
offense of disarming a peace officer.
2. A person who disarms or attempts to disarm a peace officer is
guilty of a class "D" felony.
3. A person who discharges the dangerous weapon while disarming
or attempting to disarm the peace officer commits a class "C" felony.
Section History: Recent Form
99 Acts, ch 44, §1