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:
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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).
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