Chapter 40 – Public Peace

CHAPTER 40 PUBLIC PEACE 40.01 Assault 40.04 Unlawful Assembly 40.02 Harassment 40.05 Failure to Disperse 40.03 Disorderly Conduct 40.01 ASSAULT. No person shall, without justification, commit any of the following: 1. Pain or Injury. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act. (Code of Iowa, Sec. 708.1[1]) 2. Threat of Pain or Injury. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (Code of Iowa, Sec. 708.1[2]) However, where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk or serious injury or breach of the peace, the act is not an assault. Provided, where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds or at an official school function regardless of the location, the act is not an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled. (Code of Iowa, Sec. 708.1) 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)