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1 | 1 | Senate File 415 - Introduced SENATE FILE 415 BY CAMPBELL , GREEN , and WESTRICH A BILL FOR An Act relating to false accusations of a criminal act, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2115SS (4) 91 as/js | |
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3 | 3 | S.F. 415 Section 1. Section 718.6, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. a. A person who reports or causes to be reported false 3 information to a fire department, a law enforcement authority, 4 or other public safety entity, knowing that the information is 5 false, or who reports the alleged occurrence of a criminal act, 6 knowing the act did not occur, commits a class D felony if 7 the alleged criminal act reported is any of the following: 8 a. A forcible felony under section 702.11 . 9 b. Intimidation with a dangerous weapon under section 708.6 . 10 c. An act of terrorism under chapter 708A . 11 d. Unlawful possession of biological agents or diseases 12 under chapter 708B . 13 e. Any offense under chapter 712 . 14 b. Any person who continues to make allegations of an 15 alleged occurrence of a criminal act after the allegations are 16 proven to be false may be charged with malicious prosecution 17 under section 720.6. 18 Sec. 2. Section 720.6, Code 2025, is amended to read as 19 follows: 20 720.6 Malicious prosecution. 21 A person who causes or attempts to cause another to be 22 indicted or prosecuted for any public offense, having no 23 reasonable grounds for believing that the person committed the 24 offense commits a serious an aggravated misdemeanor. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to false accusations of a criminal act. 29 Current law provides that a person who reports the alleged 30 occurrence of a criminal act, knowing the act did not occur, 31 commits a class D felony if the alleged criminal act reported 32 is a forcible felony, intimidation with a dangerous weapon, an 33 act of terrorism, unlawful possession of biological agents or 34 diseases, or any arson offense. 35 -1- LSB 2115SS (4) 91 as/js 1/ 2 | |
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5 | 5 | S.F. 415 The bill provides that a person who reports the alleged 1 occurrence of a criminal act, knowing the act did not occur, 2 commits a class D felony. A class D felony is punishable 3 by confinement for no more than five years and a fine of at 4 least $1,025 but not more than $10,245. 5 The bill provides that any person who continues to make 6 allegations of an alleged occurrence of a criminal act after 7 the allegations are proven to be false may be charged with 8 malicious prosecution under Code section 720.6, which the 9 bill changes from a serious misdemeanor to an aggravated 10 misdemeanor. An aggravated misdemeanor is punishable by 11 confinement for no more than two years and a fine of at least 12 $855 but not more than $8,540. 13 -2- LSB 2115SS (4) 91 as/js 2/ 2 |