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Senate
File
2161
-
Introduced
SENATE
FILE
2161
BY
WEBSTER
A
BILL
FOR
An
Act
defining
coercive
control
and
including
it
in
the
1
definition
of
domestic
abuse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
236.2,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
01.
“Assault”
means
the
same
as
defined
in
3
section
708.1.
4
NEW
SUBSECTION
.
001.
a.
“Coercive
control”
means
a
pattern
5
of
behavior
that
is
used
to
cause
an
individual
to
suffer
6
physical,
emotional,
or
psychological
harm,
and,
in
purpose
or
7
effect,
unreasonably
interferes
with
the
individual’s
free
will
8
and
personal
liberty.
In
determining
whether
interference
is
9
unreasonable,
a
court
shall
consider
the
context
and
impact
of
10
the
pattern
of
behavior
from
the
perspective
of
an
individual
11
in
a
similar
situation
as
the
individual
the
interference
12
affects.
13
b.
“Coercive
control”
includes
but
is
not
limited
to
14
engaging
in
any
of
the
following:
15
(1)
Intimidating,
controlling,
or
compelling
conduct
16
through
any
of
the
following:
17
(a)
Damaging,
destroying,
threatening
to
damage
or
destroy,
18
or
forcing
an
individual
to
relinquish
goods,
property,
a
19
domestic
animal,
or
an
item
of
sentimental
value.
20
(b)
Using
technology
to
threaten,
humiliate,
harass,
stalk,
21
intimidate,
exert
undue
influence
over,
or
abuse
an
individual,
22
including
but
not
limited
to
cyberstalking,
monitoring,
23
surveilling,
impersonating,
manipulating
electronic
media,
24
or
distributing
or
threatening
to
distribute
an
actual
or
25
fabricated
image
of
an
intimate
nature.
26
(c)
Carrying,
exhibiting,
displaying,
drawing,
or
27
threatening
to
use
a
firearm
or
other
weapon
perceived
to
28
be
capable
of
bodily
harm
in
a
manner,
under
circumstances,
29
at
a
time,
and
in
a
place
that
either
manifests
an
intent
30
to
intimidate
an
individual
or
that
warrants
alarm
by
the
31
individual
for
the
individual’s
safety,
the
safety
of
another
32
individual,
or
the
safety
of
a
domestic
animal.
33
(d)
Intentionally
driving
recklessly
with
an
individual
or
34
the
individual’s
children
in
the
vehicle.
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(e)
Communicating,
directly
or
indirectly,
the
intent
to
do
1
any
of
the
following:
2
(i)
Harm
an
individual’s
child,
family
member,
friend,
or
3
domestic
animal.
4
(ii)
Attempt
suicide
or
other
act
of
self-harm.
5
(iii)
Harm
an
individual’s
career
or
education.
6
(iv)
Contact
local
or
federal
agencies
based
on
an
7
individual’s
actual
or
suspected
immigration
status.
8
(f)
Exerting
control
over
an
individual’s
identification
9
documents,
including
but
not
limited
to
the
individual’s
10
driver’s
license,
social
security
card,
or
passport.
11
(g)
Making,
or
threatening
to
make,
an
individual’s
12
private
information
public,
including
but
not
limited
to
the
13
individual’s
sexual
orientation,
gender
identity,
medical
14
information,
or
behavioral
health
information.
15
(h)
Unwanted
sexual
or
reproductive
acts,
or
threats
16
relating
to
unwanted
sexual
acts
or
reproductive
acts.
17
(2)
Causing
dependence,
confining
an
individual,
or
18
physically
restraining
an
individual;
isolating
an
individual
19
from
the
individual’s
friends,
relatives,
or
domestic
animal;
20
or
preventing
an
individual
from
engaging
in
education,
21
employment,
or
other
sources
of
support.
22
(3)
Depriving
an
individual
of
basic
necessities
or
23
committing
other
forms
of
financial
exploitation.
24
(4)
Controlling,
exerting
undue
influence
over,
interfering
25
with,
regulating,
or
monitoring
an
individual’s
movements,
26
communications,
daily
behavior,
finances,
economic
resources,
27
access
to
services,
or
employment.
28
(5)
Engaging
in
excessive
or
meritless
litigation
29
to
harass,
coerce,
or
control
an
individual,
exhaust
an
30
individual’s
financial
resources,
or
compromise
an
individual’s
31
employment
or
housing.
32
(6)
Engaging
in
psychological
aggression,
including
but
not
33
limited
to
inflicting
fear,
humiliation,
or
degradation
on
an
34
individual.
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c.
“Coercive
control”
does
not
include
protective
actions
1
taken
by
an
individual
in
good
faith
for
the
purpose
of
2
protecting
the
individual’s
self
or
the
individual’s
children
3
from
the
reasonably
perceived
risk
of
harm
posed
by
another
4
individual.
5
Sec.
2.
Section
236.2,
subsection
2,
Code
2026,
is
amended
6
to
read
as
follows:
7
2.
“Domestic
abuse”
means
committing
assault
as
defined
8
in
section
708.1
under
any
of
the
following
circumstances
or
9
engaging
in
coercive
control
when
the
assault
or
coercive
10
control
is
between
any
of
the
following
:
11
a.
The
assault
is
between
family
Family
or
household
members
12
who
resided
together
at
the
time
of
the
assault
or
coercive
13
control
.
14
b.
The
assault
is
between
separated
Separated
spouses
or
15
persons
divorced
from
each
other
and
not
residing
together
at
16
the
time
of
the
assault
or
coercive
control
.
17
c.
The
assault
is
between
persons
Persons
who
are
parents
18
of
the
same
minor
child,
regardless
of
whether
they
have
been
19
married
or
have
lived
together
at
any
time.
20
d.
The
assault
is
between
persons
Persons
who
have
been
21
family
or
household
members
residing
together
within
the
past
22
year
and
are
not
residing
together
at
the
time
of
the
assault
23
or
coercive
control
.
24
e.
(1)
The
assault
is
between
persons
Persons
who
are
in
an
25
intimate
relationship
or
have
been
in
an
intimate
relationship
26
and
have
had
contact
within
the
past
year
of
the
assault
or
27
coercive
control
.
In
determining
whether
persons
are
or
have
28
been
in
an
intimate
relationship,
the
court
may
consider
the
29
following
nonexclusive
list
of
factors:
30
(a)
The
duration
of
the
relationship.
31
(b)
The
frequency
of
interaction.
32
(c)
Whether
the
relationship
has
been
terminated.
33
(d)
The
nature
of
the
relationship,
characterized
by
either
34
party’s
expectation
of
sexual
or
romantic
involvement.
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(2)
A
person
may
be
involved
in
an
intimate
relationship
1
with
more
than
one
person
at
a
time.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
defines
coercive
control
and
includes
it
within
6
the
meaning
of
domestic
abuse.
By
operation
of
law,
a
7
temporary
protective
order
or
a
protective
order
requiring
a
8
defendant
to
cease
domestic
abuse
of
a
plaintiff
will
require
9
the
defendant
to
cease
engaging
in
coercive
control
of
the
10
plaintiff.
11
The
bill
defines
“coercive
control”
as
a
pattern
of
behavior
12
that
is
used
to
cause
an
individual
to
suffer
physical,
13
emotional,
or
psychological
harm,
and,
in
purpose
or
effect,
14
unreasonably
interferes
with
the
individual’s
free
will
and
15
personal
liberty.
In
determining
whether
interference
is
16
unreasonable,
a
court
shall
consider
the
context
and
impact
of
17
the
pattern
of
behavior
from
the
perspective
of
an
individual
18
in
a
similar
situation
as
the
individual
the
interference
19
affects.
The
bill
lists
several
acts
that
are
included
in
20
the
meaning
of
“coercive
control”.
“Coercive
control”
does
21
not
include
protective
actions
taken
by
an
individual
in
good
22
faith
for
the
purpose
of
protecting
the
individual’s
self
or
23
the
individual’s
children
from
the
reasonably
perceived
risk
of
24
harm
posed
by
another
individual.
25
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