§ 40.02 Harassment

No person shall commit harassment.

1. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:

A. 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.

(Code of Iowa, Sec. 708.7)

B. Places any simulated explosive or simulated incendiary device in or near any building, vehicle, airplane, railroad engine or railroad car, or boat occupied by the other person.

(Code of Iowa, Sec. 708.7)

C. Orders merchandise or services in the name of another, or to be delivered to another, without such other person’s knowledge or consent.

(Code of Iowa, Sec. 708.7)

D. 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 same did not occur.

(Code of Iowa, Sec. 708.7)

2. 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.

1. Definition. The following term is defined for use in this section.

A. “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.

(Code of Iowa, Sec. 708.7(8)(b))

2. Harassment. No person shall commit harassment. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:

A. 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.

(Code of Iowa, Sec. 708.7(1)(a)(1))

B. Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or car, or boat occupied by another person.

(Code of Iowa, Sec. 708.7(1)(a)(2))

C. Orders merchandise or services in the name of another, or to be delivered to another, without the other person’s knowledge or consent.

(Code of Iowa, Sec. 708.7(1)(a)(3))

D. 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.

(Code of Iowa, Sec. 708.7(1)(a)(4))

3. Act of Harassment. 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.

(Code of Iowa, Sec. 708.7(1)(b))

4. Exceptions. The following do not constitute harassment.

A. A photograph or film involving voluntary exposure by a person in public or commercial settings.

(Code of Iowa, Sec. 708.7(6)(a))

B. Disclosures made in the public interest, including but not limited to, the reporting of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures.

(Code of Iowa, Sec. 708.7(6)(b))

C. Disclosures by an interactive computer service of information provided by another information content provider, as those terms are defined in 47 U.S.C. §230.

(Code of Iowa, Sec. 780.7(6)(c))