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Iowa
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Iowa Code § 708.11.
Stalking. (2002)
- As used in this section, unless
the context otherwise requires:
- "Accompanying
offense"
means any public offense committed as part of the course of conduct engaged
in while committing the offense of stalking.
- "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.
- "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.
- "Repeatedly" means on two or more
occasions.
- A person commits stalking
when all of the following occur:
- 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.
- 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.
- 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.
- 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".
- 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.
- 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.
Iowa Code § 708.7. Harassment.
(2000)
- 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.
- 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.
Harassment in the first degree
is an aggravated misdemeanor.
- 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.
Harassment in the second degree is a serious
misdemeanor.
- Any other act of harassment is
harassment in the third degree. Harassment in the third degree is a simple
misdemeanor.
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