Harassment
(a) harasses or annoys other by:
(B) publicly insulting or abusive words or gestures intended & likely provoke a violent response
(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, and the report would be reasonably expected to cause alarm
(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person's family, which threat reasonably would be expected to cause alarm
(2)(a) A person is criminally liable for harassment if they knowingly permit any telephone or electronic device under the person's control to be used in violation of paragraph (1)
(b) Harassment that is committed under the circumstances described in paragraph (1)(c)is committed in either the county in which the communication originated or the county in which the communication was received
(3) Harassment is a Class B misdemeanor
(A) The offensive physical contact consists of touching the sexual or other intimate parts of the other person OR
(ii) the offense is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child or stepchild or a minor child residing within the household of the person or victim OR
(b) violates paragraph (1)(c) AND
(A) the suspect has a previous conviction under subsection (1)(c and the victim of the current offense was the victim or a member of the family of the victim of the previous offense
(B) at the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in 24.190 (Foreign restraining orders) or any other court order prohibiting the person from contacting the victim
(C) at the time the offense was committed, the suspect reasonably believed the victim to be under 18 years of age and more than three years younger than they were OR
(D)(i) the suspect conveyed a threat to kill the other person or any member of the family of the other person
(ii) the suspect expressed the intent to carry out the threat AND
Harassment - aggravated
(a) Staff member: knowingly propels saliva, blood, urine, semen, feces or dangerous substance at the staff member while the staff member'ss acting officially
(b) Public safety officer: Knowingly propels blood, urine, semen, feces at the officer while the officer's acting officially
(c) Public safety officer: intentionally propels saliva that comes into physical contact with the officer, while the officer's acting officially
Harassment - telephonic
(a) having no communicative purpose, causes the telephone of the victim to ring
(b) causing the victim's telephone to ring, knowing that they've been forbidden from so doing by a person exercising lawful authority over the receiving telephone OR
(c) By sending to, or leaving at, the victim's telephone a text message, voice mail or any other message, knowing that thy have been forbidden from so doing by a person exercising lawful authority over the receiving telephone.
(3) debt collector engaged in the conduct describe in (1) while attempting to collect a debt doesn't violate this statute. However, it's no defense if the debt collector commits unlawful collection practice described in Unlawful collection practices
Officer's duty to report misconduct
(1) As used in this section, "misconduct" means:
(a) Unjustified or excessive force that is objectively unreasonable under the circumstances or in violation of the use of force policy for the law enforcement unit employing the offending officer
(b) Sexual harassment or sexual misconduct
(c) Discrimination against a person based on race, color, religion, sex, sexual orientation, national origin, disability or age OR
(2) Without regard to rank or assignment, a police officer or reserve officer shall intervene to prevent or stop another police officer or reserve officer engaged in any act the intervening officer knows or reasonably should know is misconduct, unless the intervening officer cannot intervene safely
(3)(a) A police officer or reserve officer who witnesses another police officer or reserve officer engaging in misconduct or a violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under 181A.410 (Minimum standards and training for certification) will report the misconduct or violation as soon as practicable, but no later than 72 hours after witnessing the misconduct or violation, to:
(A) A direct supervisor of the reporting officer
(C) DPSST
(b) If the person to whom a police officer reports misconduct or a violation under this paragraph doesn't have the authority to direct an investigation into the alleged misconduct or violation, the person will forward the report of misconduct or violation to someone who has the authority to direct an investigation into the alleged misconduct or violation as soon as practicable, but no later than 72 hours after receiving the report
(c) A law enforcement unit that receives a report of misconduct or violation under this paragraph will complete an investigation of the misconduct or violation within three (3) months after the date of the report unless circumstances prevent the investigation from being completed. The law enforcement unit will notify the DPSST when an investigation results in a finding that sustains a report of misconduct, but need not notify the department when an investigation results only in a finding that sustains a report of a violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under 181A.410 (Minimum standards and training for certification)
(4) Failure to intervene or report as required by paragraphs (2) and (3) of this statute is grounds for disciplinary action against a police officer or reserve officer by the law enforcement unit employing the officer or for DPSST to suspend or revoke the officer's certification as provided in 181A.630 (Procedure for denial, suspension or revocation of application or certification), 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) and 181A.650 (Judicial review of department's final order)
(5) An employer may not discharge, demote, suspend or in any manner discriminate or retaliate against a police officer or reserve officer with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the officer intervened or reported as required by paragraphs (2) and (3) of this statute. Violation of this subsection is an unlawful employment practice as provided in 659A.199 (Prohibited conduct by employer)
(6) DPSST will report at least annually to an appropriate committee of the Legislative Assembly on any rules adopted by the department implementing this statute
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