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Bill could change penalties for GPS stalking in Iowa

Iowa law currently states that placing a GPS tracker on another person or object to track them without a legitimate purpose for doing so is a serious misdemeanor.

DES MOINES, Iowa — Iowa lawmakers are debating a bill that would change what happens in GPS stalking cases. 

According to a report from the Bureau of Justice Statistics, approximately 3.4 million Americans dealt with stalking in 2019. 

80 percent of reports involved some sort of technology, while 14 percent involved the use of a GPS tarcker. 

Right now, Iowa law currently states that placing a GPS tracker on another person or object to track them without a legitimate purpose for doing so is a serious misdemeanor.

The new bill would make it a Class C felony to stalk someone using a technological device.

It's also paired with another bill, House File 112, which would allow prosecutors to look back more than 12 years, when determining whether a domestic violence arrest is a second or subsequent offense.

Terry Hernandez with the Chrysalis Foundation says it's often hard for victims of stalking to prove they're being stalked. 

Hernandez hopes the bill would put some teeth into the fact that online stalking is just as real as in person stalking. 

"If this bill would pass, it would certainly help those that are victimized by online stalking, because they would be able to save the evidence and prove that someone is giving unwanted attention," she said.

The Polk County Attorney Kimberly Graham released a statement in support of the bill saying in part,  "I am pleased that the Iowa Senate and House have passed Senate File 84, which includes increased penalties for stalking while utilizing a technological device." 

The legislation comes as two Des Moines business owners have recently been sentenced after pleading guilty to stalking a woman via GPS. 

Steve McFadden, owner of Tipsy Crow Tavern and The Grumpy Goat Tavern, was accused of planting a GPS device on the victim's vehicle and using it to track her movements.

McFadden was sentenced to a year probation and a one-year suspended prison sentence after pleading guilty to unauthorized placement and use of a GPS device and harassment.

Another business owner, Ed Allen, pleaded guilty to disorderly conduct in connection to the case. Police say when McFadden was out of town, he enlisted Allen, the owner of Zora Bar and Rooftop, to track the victim for him. 

Allen must pay a $500 fine and have no contact with the victim for five years.

Local 5 News reached out to the Des Moines City Council to find out whether McFadden's and Allen's liquor licenses will be affected by their guilty pleas.

On the city of Des Moines website, it says that in order to obtain or renew a liquor license, a person or business has to show "aspects of good moral character."

It's still unclear whether being convicted of stalking someone would violate that clause, as the city council's legal department is reviewing these cases.

City Councilmember Josh Mandelbaum told Local 5 that he can't comment on this matter, because it might go before the council in a "quasi-judicial role." Councilmember Carl Voss had a similar response. 

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