CHAPTER 708 ASSAULT
Definition of forcible felony; § 702.11

708.1 ASSAULT DEFINED.
708.2 PENALTIES FOR ASSAULT.
708.2A DOMESTIC ABUSE ASSAULT -- MANDATORY MINIMUMS, PENALTIES ENHANCED -- EXTENSION OF NO-CONTACT ORDER.
708.2B TREATMENT OF DOMESTIC ABUSE OFFENDERS.
708.2C ASSAULT IN VIOLATION OF INDIVIDUAL RIGHTS -- PENALTIES.
708.3 ASSAULT WHILE PARTICIPATING IN A FELONY.
708.3A ASSAULTS ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS.
708.3B INMATE ASSAULTS -- BODILY FLUIDS OR SECRETIONS.
708.4 WILLFUL INJURY.
708.5 ADMINISTERING HARMFUL SUBSTANCES.
708.6 INTIMIDATION WITH A DANGEROUS WEAPON.
708.7 HARASSMENT.
708.8 GOING ARMED WITH INTENT.
708.9 SPRING GUNS AND TRAPS.
708.10 HAZING.
708.11 STALKING.
708.12 HARASSMENT AND STALKING -- NO-CONTACT.
708.13 DISARMING A PEACE OFFICER OF A DANGEROUS WEAPON.



        

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

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