Many people ask, “Is harassment a crime?” The simple answer is yes. Harassment is a crime in Iowa, and the state takes it quite seriously. Whether you are facing a simple misdemeanor or a more serious charge, if you don’t want to face severe penalties like jail time, it’s a good idea to talk to our Dallas County criminal lawyers about developing a defensive strategy. We can help you stand up for your rights and fight the state’s case against you.
What is Considered Harassment Under Iowa Law?
Under Iowa Code §708.7, harassment is a crime that occurs when someone intentionally acts in a way that is intended to threaten, intimidate, alarm, or cause annoyance to another person. This conduct may occur online, in person, or even through third-party actors. Often, these cases overlap with domestic violence disputes or assault allegations.
Behaviors That May Constitute Harassment Under Iowa Law
- Making repeated threats likely to cause fear, emotional distress, or harm
- Contacting someone without a legitimate purpose with the intent to intimidate them
- Ordering goods or services in the name of another person without their knowledge or consent
- Posting non-consensual intimate or nude images of another person
- Reporting incorrect information to law enforcement with the intent to implicate another person
- Making personal contact in a manner meant to raise alarm or threaten them
Are There Different Degrees of Harassment in Iowa?
In most instances, harassment is generally charged as a misdemeanor offense. However, the charges you will face depend heavily on the severity of the threat, whether or not the conduct was repeated, if you have a prior criminal history, and the aggravating circumstances present at the time of the incident.
Iowa Harassment Charge Levels and Typical Penalties
There are different types of harassment according to Iowa state law.
Harassment 3rd Degree Iowa Punishment
Generally, a third-degree harassment charge warranted for harassment involving unwanted contact or threats is considered a simple misdemeanor. This carries:
- Up to 30 days in jail
- Fines up to the statutory limit
Second-Degree Harassment
You may be charged with second-degree harassment in instances where threats of bodily harm are made, or you have prior harassment convictions on your record. This offense is considered a serious misdemeanor, carrying:
- Up to one year in jail
- Hefty fines
What is 1st Degree Harassment in Iowa?
A first-degree harassment offense is generally an aggravated misdemeanor offense. This is typically charged when conduct involves felonious threats or the distribution of non-consensual, explicit images. If charged, you may face:
- Up to two years in jail
- High fines
In some situations, the repercussions of revenge porn or similar actions can elevate these penalties further.
When Harassment Charges Can Be Enhanced
Like any crime, certain aggravating factors may increase the severity of the penalties imposed by the courts if convicted of harassment under Iowa law. This includes:
- Prior convictions for harassment
- Repeated patterns of threatening or abusive behavior
- Conduct targeting minors or vulnerable victims
- Felony-level conduct in certain circumstances
Can a Harassment Conviction Affect Employment or Background Screenings?
A harassment conviction will appear on your criminal record, meaning it will show on any background check conducted for you. This can carry consequences, including:
- Loss of job opportunities
- Loss of professional licensing
- Denied rental applications
- Inability to obtain a firearm or a security-related position
While you may assume that your jail sentence and fines are the only consequences you must worry about, these collateral penalties can cause serious strain and hardship.
Long-Term Effects Those Charged With Harassment Should Be Aware Of
- Criminal record visibility in employer screening systems
- Difficulty securing housing
- Immigration related risks for visa holders and non-citizens
- Probation
- No-contact orders
- Enrollment in counseling or other programs
When Should I Contact a Criminal Defense Attorney if Charged With Harassment?
You should hire an attorney as soon as you are charged. By obtaining an attorney soon after your arrest, you can avoid:
- Potentially incriminating yourself by speaking to the police
- Preserving digital evidence
- Agreeing to an unfavorable deal
Common Mistakes to Avoid After a Harassment Charge
While understanding how to proceed after being arrested and charged with harassment is critical, it’s also important to understand the behaviors that could potentially jeopardize your case. As such, you should avoid the following:
- Contacting the alleged victim
- Trying to explain the situation to the police
- Discussing your case over text or online
- Assuming a harassment charge is minor or will resolve itself
- Missing court dates
- Violating court orders
Contact Our Iowa Criminal Defense Law Firm to Fight Harassment Charges
If you are being charged with harassment, taking these charges seriously is imperative. Whether you need help understanding the charges or need assistance navigating the Iowa criminal courts system, we are here for you. That is why it is in your best interest to connect with Iowa Defenders, PLLC, and schedule a consultation. Our dedicated criminal defense team can examine your circumstances to determine the best course of action for your unique circumstances. Contact our team today to learn more.
