Iowa Code §
708.11. Stalking. (2002)
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.