Senate File 88 - Introduced




                                 SENATE FILE       
                                 BY  KINNEY

                                      A BILL FOR

  1 An Act relating to the use of a simulated firearm or simulated
  2    explosive when committing a robbery, the criminal offense of
  3    intimidation, or other crimes, and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1109XS (4) 87
    jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  702.26  Simulated firearm or
  1  2 simulated explosive.
  1  3    A simulated firearm or simulated explosive is a device
  1  4 or explosive that appears to be a firearm or explosive when
  1  5 displayed or when represented to be a firearm or explosive.
  1  6    Sec. 2.  Section 708.6, Code 2017, is amended to read as
  1  7 follows:
  1  8    708.6  Intimidation with a dangerous weapon or simulated
  1  9 firearm or simulated explosive.
  1 10    1.  A person commits a class "C" felony when the person,
  1 11 with the intent to injure or provoke fear or anger in another,
  1 12 shoots, throws, launches, or discharges a dangerous weapon
  1 13 or displays or represents a simulated firearm or simulated
  1 14 explosive to be a firearm or explosive capable of being shot,
  1 15 thrown, launched, or discharged at, into, or in a building,
  1 16 vehicle, airplane, railroad engine, railroad car, or boat,
  1 17 occupied by another person, or within an assembly of people,
  1 18 and thereby places the occupants or people in reasonable
  1 19 apprehension of serious injury or threatens to commit such an
  1 20 act under circumstances raising a reasonable expectation that
  1 21 the threat will be carried out.
  1 22    2.  A person commits a class "D" felony when the person
  1 23 shoots, throws, launches, or discharges a dangerous weapon
  1 24 or displays or represents a simulated firearm or simulated
  1 25 explosive to be a firearm or explosive capable of being shot,
  1 26 thrown, launched, or discharged at, into, or in a building,
  1 27 vehicle, airplane, railroad engine, railroad car, or boat,
  1 28 occupied by another person, or within an assembly of people,
  1 29 and thereby places the occupants or people in reasonable
  1 30 apprehension of serious injury or threatens to commit such an
  1 31 act under circumstances raising a reasonable expectation that
  1 32 the threat will be carried out.
  1 33    Sec. 3.  Section 711.2, Code 2017, is amended to read as
  1 34 follows:
  1 35    711.2  Robbery in the first degree.
  2  1 A person commits robbery in the first degree when, while
  2  2 perpetrating a robbery, the person purposely inflicts or
  2  3 attempts to inflict serious injury, or is armed with a
  2  4 dangerous weapon or simulated firearm. Robbery in the first
  2  5 degree is a class "B" felony.
  2  6    Sec. 4.  Section 723A.1, subsection 1, paragraph c, Code
  2  7 2017, is amended to read as follows:
  2  8    c.  An offense constituting a violation of section 708.6
  2  9 involving intimidation with a dangerous weapon or simulated
  2 10 firearm or simulated explosive.
  2 11                           EXPLANATION
  2 12 The inclusion of this explanation does not constitute agreement with
  2 13 the explanation's substance by the members of the general assembly.
  2 14    This bill relates to the use of a simulated firearm or
  2 15 simulated explosive when committing a robbery, the criminal
  2 16 offense of intimidation, or other crimes.
  2 17    The bill defines a simulated firearm or simulated explosive
  2 18 to mean a device or explosive that appears to be a firearm or
  2 19 explosive when displayed or when represented to be a firearm
  2 20 or explosive.
  2 21    The bill modifies the definition of robbery in the first
  2 22 degree to include instances when a person is armed with a
  2 23 simulated firearm.  Robbery in the first degree is a class "B"
  2 24 forcible felony and is subject to 70 percent sentence under
  2 25 Code section 902.12.  A class "B" felony is punishable by
  2 26 confinement for no more than 25 years.
  2 27    The bill modifies the elements of the criminal offense
  2 28 of intimidation with a dangerous weapon to include use of a
  2 29 simulated firearm or simulated explosive.
  2 30    Under the bill, a person commits intimidation with a
  2 31 dangerous weapon classified as a class "C" felony, if the
  2 32 person, with the intent to injure or provoke fear or anger in
  2 33 another, shoots, throws, launches, or discharges a dangerous
  2 34 weapon or displays or represents a simulated firearm or
  2 35 simulated explosive to be a firearm or explosive capable of
  3  1 being shot, thrown, launched, or discharged at, into, or in a
  3  2 building, vehicle, airplane, railroad engine, railroad car,
  3  3 or boat, occupied by another person, or within an assembly
  3  4 of people, and thereby places the occupants or people in
  3  5 reasonable apprehension of serious injury or threatens to
  3  6 commit such an act under circumstances raising a reasonable
  3  7 expectation that the threat will be carried out.  A class "C"
  3  8 felony is punishable by confinement for no more than 10 years
  3  9 and a fine of at least $1,000 but not more than $10,000.
  3 10    Under the bill, a person commits intimidation with a
  3 11 dangerous weapon classified as a class "D" felony, if the
  3 12 person shoots, throws, launches, or discharges a dangerous
  3 13 weapon or displays or represents a simulated firearm or
  3 14 simulated explosive to be a firearm or explosive capable of
  3 15 being shot, thrown, launched, or discharged at, into, or in a
  3 16 building, vehicle, airplane, railroad engine, railroad car,
  3 17 or boat, occupied by another person, or within an assembly
  3 18 of people, and thereby places the occupants or people in
  3 19 reasonable apprehension of serious injury or threatens to
  3 20 commit such an act under circumstances raising a reasonable
  3 21 expectation that the threat will be carried out.  A class "D"
  3 22 felony is punishable by confinement for no more than five years
  3 23 and a fine of at least $750 but not more than $7,500.
  3 24    The bill adds the definition of simulated firearm or
  3 25 simulated explosive to Code chapter 702 (criminal code
  3 26 definitions). The term "simulated explosive" appears in Code
  3 27 sections 708.7 (harassment) and 712.6 (explosive or incendiary
  3 28 device). By adding the definition of "simulated explosive" to
  3 29 Code chapter 702 (criminal code definitions), the bill also
  3 30 codifies the definitions for "simulated explosive" under Code
  3 31 sections 708.7 (harassment) and 712.6 (explosives or incendiary
  3 32 device).
       LSB 1109XS (4) 87
       jm/rj