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HSB71 Tresspass penalties

Fishbonker

Life Member

https://www.legis.iowa.gov/legislation/BillBook?ba=HSB71&ga=88

The text of the bill, in part, refers to subsection 5 in the current penalties here is a copy and paste of the Code of Iowa 2018:

716.8 Penalties.


1. Any person who knowingly trespasses upon the property of another commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.

2. Any person committing a trespass as defined in section 716.7, other than a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.

3. A person who knowingly trespasses on the property of another with the intent to commit a hate crime, as defined in section 729A.2, commits a serious misdemeanor.

4. A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.

5. A person who commits a trespass while hunting deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law. The person shall also be subject to civil penalties as provided in sections 481A.130 and 481A.131. A deer taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12.

6. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), commits a class “D” felony.

7. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor.
 
Huh? So trespassing so as to commit a hate crime is a real no no I guess. Well, does that mean if I really hate trespassers that this will be even worse for them if they do so? :) :) Cuz I do hate trespassing, yes sir, I hate it mighty fierce! :)
 
I don't know if fines changed but if they are the same of around $200 they need to go up. If you make the fine like $1000 or more you will stop a lot of trespassing! I hate trespassers
 
I don't know if fines changed but if they are the same of around $200 they need to go up. If you make the fine like $1000 or more you will stop a lot of trespassing! I hate trespassers

Just my opinion...some trespassing is pretty benign and the offender(s) may truly not know that they are in the wrong. A light touch to cause them to understand that it is not cool is fine to me. The ones though that really deserve to be slapped hard are the deliberate and/or repeat offenders.

For instance, a few years ago there was a dude that was ahem, "outfitting" hunters by dropping them off to hunt stands on land that he didn't have permission on. I would favor a stiff penalty for the perpetrator of such an arrangement and a warning and/or light fine for the unsuspecting paying hunter.

In short, to me, not all trespassing is equal, those that are repeaters or deliberate cheaters should get hammered.
 
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