S.F. 2360 Section 1. NEW SECTION . 702.26 Simulated firearm or 1 simulated explosive. 2 A simulated firearm or simulated explosive is a device 3 or explosive that appears to be a firearm or explosive when 4 displayed or when represented to be a firearm or explosive. 5 Sec. 2. Section 708.1, subsection 2, paragraph c, Code 2022, 6 is amended to read as follows: 7 c. Intentionally points any firearm toward another, or 8 displays in a threatening manner any dangerous weapon or 9 simulated firearm toward another. 10 Sec. 3. Section 708.2, subsection 3, Code 2022, is amended 11 to read as follows: 12 3. A person who commits an assault, as defined in section 13 708.1 , and uses or displays a dangerous weapon or simulated 14 firearm in connection with the assault, is guilty of an 15 aggravated misdemeanor. This subsection does not apply if 16 section 708.6 or 708.8 applies. 17 Sec. 4. Section 708.2A, subsection 2, paragraph c, Code 18 2022, is amended to read as follows: 19 c. An aggravated misdemeanor, if the domestic abuse assault 20 is committed with the intent to inflict a serious injury upon 21 another, or if the person uses or displays a dangerous weapon 22 or simulated firearm in connection with the assault. This 23 paragraph does not apply if section 708.6 or 708.8 applies. 24 Sec. 5. Section 708.2C, subsection 4, Code 2022, is amended 25 to read as follows: 26 4. A person who commits an assault in violation of 27 individual rights and uses or displays a dangerous weapon or 28 simulated firearm in connection with the assault, is guilty of 29 a class “D” felony. 30 Sec. 6. Section 708.3A, subsection 2, Code 2022, is amended 31 to read as follows: 32 2. A person who commits an assault, as defined in section 33 708.1 , against a peace officer, jailer, correctional staff, 34 member or employee of the board of parole, health care 35 -1- LSB 6027SV (4) 89 as/rh 1/ 7

S.F. 2360 provider, employee of the department of human services, 1 employee of the department of revenue, civilian employee of a 2 law enforcement agency, civilian employee of a fire department, 3 or fire fighter, whether paid or volunteer, who knows that 4 the person against whom the assault is committed is a peace 5 officer, jailer, correctional staff, member or employee of 6 the board of parole, health care provider, employee of the 7 department of human services, employee of the department 8 of revenue, civilian employee of a law enforcement agency, 9 civilian employee of a fire department, or fire fighter and who 10 uses or displays a dangerous weapon or simulated firearm in 11 connection with the assault, is guilty of a class “D” felony. 12 Sec. 7. Section 708.6, Code 2022, is amended to read as 13 follows: 14 708.6 Intimidation with a dangerous weapon or simulated 15 firearm or simulated explosive . 16 1. A person commits a class “C” felony when the person, 17 with the intent to injure or provoke fear or anger in another, 18 shoots, throws, launches, or discharges a dangerous weapon 19 or displays or represents a simulated firearm or simulated 20 explosive to be a firearm or explosive capable of being shot, 21 thrown, launched, or discharged at, into, or in a building, 22 vehicle, airplane, railroad engine, railroad car, or boat, 23 occupied by another person, or within an assembly of people, 24 and thereby places the occupants or people in reasonable 25 apprehension of serious injury or threatens to commit such an 26 act under circumstances raising a reasonable expectation that 27 the threat will be carried out. 28 2. A person commits a class “D” felony when the person 29 shoots, throws, launches, or discharges a dangerous weapon 30 or displays or represents a simulated firearm or simulated 31 explosive to be a firearm or explosive capable of being shot, 32 thrown, launched, or discharged at, into, or in a building, 33 vehicle, airplane, railroad engine, railroad car, or boat, 34 occupied by another person, or within an assembly of people, 35 -2- LSB 6027SV (4) 89 as/rh 2/ 7

S.F. 2360 and thereby places the occupants or people in reasonable 1 apprehension of serious injury or threatens to commit such an 2 act under circumstances raising a reasonable expectation that 3 the threat will be carried out. 4 Sec. 8. Section 708.11, subsection 3, paragraph b, 5 subparagraph (2), Code 2022, is amended to read as follows: 6 (2) The person commits stalking while in possession of a 7 dangerous weapon, as defined in section 702.7 , or a simulated 8 firearm, as defined in section 702.26 . 9 Sec. 9. Section 709.3, subsection 1, paragraph a, Code 2022, 10 is amended to read as follows: 11 a. During the commission of sexual abuse the person 12 displays in a threatening manner a dangerous weapon or 13 simulated firearm , or uses or threatens to use force creating a 14 substantial risk of death or serious injury to any person. 15 Sec. 10. Section 710.3, subsection 1, Code 2022, is amended 16 to read as follows: 17 1. Kidnapping where the purpose is to hold the victim for 18 ransom, where the kidnapper is armed with a dangerous weapon or 19 simulated firearm , or where the victim is under eighteen years 20 of age other than a kidnapping by a parent or legal guardian 21 whose sole purpose of the kidnapping is to assume custody of a 22 victim under eighteen years of age, is kidnapping in the second 23 degree. 24 Sec. 11. Section 711.2, Code 2022, is amended to read as 25 follows: 26 711.2 Robbery in the first degree. 27 A person commits robbery in the first degree when, while 28 perpetrating a robbery, the person purposely inflicts or 29 attempts to inflict serious injury, or is armed with a 30 dangerous weapon or simulated firearm . Robbery in the first 31 degree is a class “B” felony. 32 Sec. 12. Section 713.3, subsection 1, paragraphs a and b, 33 Code 2022, are amended to read as follows: 34 a. The person has possession of an explosive or incendiary 35 -3- LSB 6027SV (4) 89 as/rh 3/ 7

S.F. 2360 device or material or simulated explosive . 1 b. The person has possession of a dangerous weapon or 2 simulated firearm . 3 Sec. 13. Section 713.4, subsection 1, Code 2022, is amended 4 to read as follows: 5 1. A person commits attempted burglary in the first degree 6 if, while perpetrating an attempted burglary in or upon an 7 occupied structure in which one or more persons are present, 8 the person has possession of an explosive or incendiary device 9 or material or simulated explosive , or a dangerous weapon or 10 simulated firearm , or intentionally or recklessly inflicts 11 bodily injury on any person. 12 Sec. 14. Section 713.5, subsection 1, paragraphs a and b, 13 Code 2022, are amended to read as follows: 14 a. While perpetrating a burglary in or upon an occupied 15 structure in which no persons are present, the person has 16 possession of an explosive or incendiary device or material 17 or simulated explosive , or a dangerous weapon or simulated 18 firearm , or a bodily injury results to any person. 19 b. While perpetrating a burglary in or upon an occupied 20 structure in which one or more persons are present, the person 21 does not have possession of an explosive or incendiary device 22 or material or simulated explosive , nor a dangerous weapon 23 or simulated firearm , and no bodily injury is caused to any 24 person. 25 Sec. 15. Section 713.6, subsection 1, paragraphs a and b, 26 Code 2022, are amended to read as follows: 27 a. While perpetrating an attempted burglary in or upon an 28 occupied structure in which no persons are present, the person 29 has possession of an explosive or incendiary device or material 30 or simulated explosive , or a dangerous weapon or simulated 31 firearm , or a bodily injury results to any person. 32 b. While perpetrating an attempted burglary in or upon an 33 occupied structure in which one or more persons are present, 34 the person does not have possession of an explosive or 35 -4- LSB 6027SV (4) 89 as/rh 4/ 7

S.F. 2360 incendiary device or material or simulated explosive , nor a 1 dangerous weapon or simulated firearm , and no bodily injury is 2 caused to any person. 3 Sec. 16. Section 719.1, subsection 1, paragraph f, Code 4 2022, is amended to read as follows: 5 f. If a person commits interference with official acts, 6 as defined in this subsection , and in so doing inflicts or 7 attempts to inflict serious injury, or displays a dangerous 8 weapon, as defined in section 702.7 , or a simulated firearm or 9 simulated explosive, as defined in section 702.26, or is armed 10 with a firearm, that person commits a class “D” felony. 11 Sec. 17. Section 719.1, subsection 2, paragraphs f and g, 12 Code 2022, are amended to read as follows: 13 f. If a person violates this subsection and in so doing 14 inflicts or attempts to inflict bodily injury other than 15 serious injury to another, displays a dangerous weapon, as 16 defined in section 702.7 , or a simulated firearm or simulated 17 explosive, as defined in section 702.26, or is armed with a 18 firearm, the person commits a class “D” felony. 19 g. If a person violates this subsection and uses or attempts 20 to use a dangerous weapon, as defined in section 702.7 , or a 21 simulated firearm or simulated explosive, as defined in section 22 702.26, or inflicts serious injury to another, the person 23 commits a class “C” felony. 24 Sec. 18. Section 723A.1, subsection 1, paragraph c, Code 25 2022, is amended to read as follows: 26 c. An offense constituting a violation of section 708.6 27 involving intimidation with a dangerous weapon or simulated 28 firearm or simulated explosive . 29 Sec. 19. Section 724.4, Code 2022, is amended to read as 30 follows: 31 724.4 Use of a dangerous weapon in the commission of a crime. 32 A person who goes armed with a dangerous weapon or simulated 33 firearm or simulated explosive on or about the person, and who 34 uses the dangerous weapon or simulated firearm or simulated 35 -5- LSB 6027SV (4) 89 as/rh 5/ 7

S.F. 2360 explosive in the commission of a crime, commits an aggravated 1 misdemeanor, except as provided in section 708.8 . 2 Sec. 20. Section 902.7, Code 2022, is amended to read as 3 follows: 4 902.7 Minimum sentence —— use of a dangerous weapon. 5 At the trial of a person charged with participating in a 6 forcible felony, if the trier of fact finds beyond a reasonable 7 doubt that the person is guilty of a forcible felony and that 8 the person represented that the person was in the immediate 9 possession and control of a dangerous weapon or simulated 10 firearm or simulated explosive , displayed a dangerous weapon 11 or simulated firearm or simulated explosive in a threatening 12 manner, or was armed with a dangerous weapon or simulated 13 firearm or simulated explosive while participating in the 14 forcible felony the convicted person shall serve a minimum of 15 five years of the sentence imposed by law. A person sentenced 16 pursuant to this section shall not be eligible for parole until 17 the person has served the minimum sentence of confinement 18 imposed by this section . 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the use of a simulated firearm or 23 simulated explosive when committing certain criminal offenses, 24 and provides penalties. 25 The bill defines the terms “simulated firearm” and 26 “simulated explosive” for purposes of Code chapter 702 27 (criminal Code definitions) to mean a device or explosive that 28 appears to be a firearm or explosive when displayed or when 29 represented to be a firearm or explosive. 30 The bill adds the term “simulated firearm” to Code sections 31 708.1 (assault defined), 708.2 (penalties for assault), 708.2A 32 (domestic abuse assault), 708.2C (assault in violation of 33 individual rights), 708.3A (assaults on person engaged in 34 certain occupations), 708.11 (stalking), 709.3 (sexual abuse in 35 -6- LSB 6027SV (4) 89 as/rh 6/ 7

S.F. 2360 the second degree), 710.3 (kidnapping), and 711.2 (robbery in 1 the first degree). 2 The bill adds the term “simulated explosive” to Code section 3 713.3 (burglary in the first degree). 4 The bill adds the terms “simulated explosive” or “simulated 5 firearm” to Code sections 708.6 (intimidation with a dangerous 6 weapon), 713.4 (attempted burglary in the first degree), 713.5 7 (burglary in the second degree), 713.6 (attempted burglary in 8 the second degree), 719.1 (interference with official acts), 9 723A.1 (criminal street gangs —— criminal acts), 724.4 (use of 10 a dangerous weapon in the commission of a crime), and 902.7 11 (minimum sentence for use of a dangerous weapon). 12 The penalties for the offenses listed in the bill range from 13 an aggravated misdemeanor to a class “B” felony. An aggravated 14 misdemeanor is punishable by confinement for no more than two 15 years and a fine of at least $855 but not more than $8,540. A 16 class “D” felony is punishable by confinement for no more than 17 five years and a fine of at least $1,025 but not more than 18 $10,245. A class “C” felony is punishable by confinement for 19 no more than 10 years and a fine of at least $1,370 but not more 20 than $13,660. A class “B” felony is punishable by confinement 21 for no more than 25 years. 22 -7- LSB 6027SV (4) 89 as/rh 7/ 7