I.C.A. T. XVI, Subt. 1, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 687, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 687. Public Offenses [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.1, 687.2. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.1, 687.2. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.3. Repealed by Acts 1974 (65 G.A.) ch. 1093, § 92

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.4 to 687.7. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.4 to 687.7. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.4 to 687.7. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 687.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 687. Public Offenses [Repealed] (Refs & Annos)

687.4 to 687.7. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 688, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 688. Principals and Accessories [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 688.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 688. Principals and Accessories [Repealed] (Refs & Annos)

688.1, 688.2. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 688.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 688. Principals and Accessories [Repealed] (Refs & Annos)

688.1, 688.2. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 689, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 689. Treason and Offenses Against the Government [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.12

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 689.13

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 689. Treason and Offenses Against the Government [Repealed] (Refs & Annos)

689.1 to 689.13. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 690, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 690. Criminal Identification

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.1. Criminal identification

The commissioner of public safety may provide in the department a division of criminal investigation. The commissioner may adopt rules for the same. The sheriff of each county and the chief of police of each city shall furnish to the department criminal identification records and other information as directed by the commissioner of public safety.

CREDIT(S)

Transferred from § 749.1 by the Code Editor for Code Supp.1977. Amended by Acts 1997 (77 G.A.) ch. 23, § 77.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.2

Effective: July 1, 2011

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.2. Fingerprints and palm prints--photographs--duty of sheriff and chief of police

The sheriff of every county, and the chief of police of each city regardless of the form of government thereof, shall take the fingerprints of all unidentified dead bodies in their respective jurisdictions and all persons who are taken into custody for the commission of a serious misdemeanor, aggravated misdemeanor, or felony and shall forward such fingerprint records on such forms and in such manner as may be prescribed by the commissioner of public safety, within two working days after the fingerprint records are taken, to the department of public safety. Fingerprints may be taken of a person who has been arrested for a simple misdemeanor subject to an enhanced penalty for conviction of a second or subsequent offense. In addition to the fingerprints as herein provided, any such officer may also take the photograph and palm prints of any such person and forward them to the department of public safety. If a defendant is convicted by a court of this state of an offense which is a simple misdemeanor subject to an enhanced penalty for conviction of a second or subsequent offense, a serious misdemeanor, an aggravated misdemeanor, or a felony, the court shall determine whether such defendant has previously been fingerprinted in connection with the criminal proceedings leading to the conviction and, if not, shall order that the defendant be fingerprinted and those prints submitted to the department of public safety. The court shall also order that a juvenile adjudicated delinquent for an offense which would be an offense other than a simple misdemeanor if committed by an adult, be fingerprinted and the prints submitted to the department of public safety if the juvenile has not previously been fingerprinted. The taking of fingerprints for a serious misdemeanor offense under chapter 321 or 321A is not required under this section.

CREDIT(S)

Transferred from § 749.2 by the Code Editor for Code Supp.1977. Amended by Acts 1993 (75 G.A.) ch. 115, § 1; Acts 1996 (76 G.A.) ch. 1135, § 1; Acts 1999 (78 G.A.) ch. 37, § 2; Acts 2011 (84 G.A.) ch. 95, S.F. 236, § 5.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.3. Equipment

The board of supervisors of each county and the council of each city affected by the provisions of section 690.2 shall furnish all necessary equipment and materials for the carrying out of the provisions of said section.

CREDIT(S)

Transferred from § 749.3 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.4

Effective: July 1, 2011

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.4. Fingerprints and photographs at institutions

1. The warden of the Iowa medical and classification center and superintendent of the state training school shall take or procure the taking of the fingerprints, and, in the case of the Iowa medical and classification center only, Bertillon photographs of any person received on commitment to their respective institutions, and shall forward such fingerprint records and photographs within ten days after they are taken to the department of public safety. Information obtained from fingerprint cards submitted pursuant to this section may be retained by the department of public safety as criminal history records. If a charge for a serious misdemeanor, aggravated misdemeanor, or felony is brought against a person already in the custody of a law enforcement or correctional agency and the charge is filed in a case separate from the case for which the person was previously arrested or confined, the agency shall take the fingerprints of the person in connection with the new case and submit them to the department of public safety.

2. The wardens and superintendents of all department of corrections facilities shall procure the taking of a photograph showing the facial features of each inmate of a state correctional institution prior to the inmate's discharge. The photograph shall be placed in the inmate's file and shall be made available to the Iowa department of public safety upon request.

CREDIT(S)

Transferred from § 749.4 by the Code Editor for Code Supp.1977. Amended by Acts 1980 (68 G.A.) ch. 1057, § 11, eff. Jan. 1, 1981; Acts 1982 (69 G.A.) ch. 1260, § 37; Acts 1983 (70 G.A.) ch. 96, § 116, eff. Oct. 1, 1983; Acts 1984 (70 G.A.) ch. 1184, § 18; Acts 1986 (71 G.A.) ch. 1075, § 4; Acts 1993 (75 G.A.) ch. 115, § 2; Acts 2011 (84 G.A.) ch. 95, S.F. 236, § 6.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.5. Administrative sanctions

An agency subject to fingerprinting and disposition requirements under this chapter shall take all steps necessary to ensure that all agency officials and employees understand the requirements and shall provide for and impose administrative sanctions, as appropriate, for failure to report as required.

If a criminal or juvenile justice agency subject to fingerprinting and disposition requirements fails to comply with the requirements, the commissioner of public safety shall order that the agency's access to criminal history record information maintained by the repository be denied or restricted until the agency complies with the reporting requirements.

The state court administrator shall develop a policy to ensure that court personnel understand and comply with the fingerprinting and disposition requirements and shall also develop sanctions for court personnel who fail to comply with the requirements.

CREDIT(S)

Added by Acts 1993 (75 G.A.) ch. 115, § 3. Amended by Acts 1995 (76 G.A.) ch. 191, § 27.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.6 to 690.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.6 to 690.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.6 to 690.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.6 to 690.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.6 to 690.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 690.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 690. Criminal Identification (Refs & Annos)

690.6 to 690.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 691, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 691. State Criminalistics Laboratory and Medical Examiner

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.1. Laboratory created

There is hereby created under the control, direction, and supervision of the commissioner of public safety a state criminalistics laboratory. The commissioner of public safety may assign the criminalistics laboratory to a division or bureau within the public safety department. The laboratory shall, within its capabilities, conduct analyses, comparative studies, fingerprint identification, firearms identification, questioned documents studies, and other studies normally performed by a criminalistics laboratory when requested by a county attorney, medical examiner, or law enforcement agency of this state to aid in any criminal investigation. Agents of the division of criminal investigation may be assigned to the criminalistics laboratory by the commissioner. New employees shall be appointed pursuant to chapter 8A, subchapter IV, and need not qualify as agents for the division of criminal investigation and shall not participate in the peace officers' retirement plan established pursuant to chapter 97A.

CREDIT(S)

Transferred from § 749A.1 by the Code Editor for Code Supp.1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 41; Acts 2003 (80 G.A.) ch. 145, § 276.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.2. Presumption of qualification--evidence--testimony

It shall be presumed that any employee or technician of the criminalistics laboratory is qualified or possesses the required expertise to accomplish any analysis, comparison, or identification done by the employee in the course of the employee's employment in the criminalistics laboratory. Any report, or copy of a report, or the findings of the criminalistics laboratory shall be received in evidence, if determined to be relevant, in any court, preliminary hearing, grand jury proceeding, civil proceeding, administrative hearing, and forfeiture proceeding in the same manner and with the same force and effect as if the employee or technician of the criminalistics laboratory who accomplished the requested analysis, comparison, or identification had testified in person.

A party or the party's attorney may request that an employee or technician testify in person at a criminal trial, administrative hearing, or forfeiture proceeding on behalf of the state or the adverse agency of the state, by notifying the proper county attorney, or in the case of an administrative proceeding the adverse agency, at least ten days before the date of the criminal trial, administrative hearing, or forfeiture proceeding. A party or the party's attorney in any other civil proceeding may require an employee or technician to testify in person pursuant to a subpoena.

CREDIT(S)

Transferred from § 749A.2 by the Code Editor for Code Supp.1977. Amended by Acts 1986 (71 G.A.) ch. 1147, § 1; Acts 1988 (72 G.A.) ch. 1029, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.3. Commissioner to make rules

The commissioner of public safety shall make rules defining the capabilities of the criminalistics laboratory. The commissioner shall make rules governing the handling of items to be processed by the criminalistics laboratory from the time they are forwarded to the laboratory by a county medical examiner or a city or state law enforcement agency or county sheriff until their return to the forwarder. The rules shall prescribe a method of identifying, forwarding, handling and returning items that will maintain the identity and integrity of the item. An item handled in conformity with the rules shall be presumed to be admissible in evidence as to the period in transit to and from and while in custody of the laboratory without further foundation.

CREDIT(S)

Transferred from § 749A.3 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.4. Copy of finding to defendant

The county attorney shall give the accused person, or the accused person's attorney, after an indictment or county attorney's information has been returned, a copy of each report of the findings of the criminalistics laboratory conducted in the investigation of the indictable criminal charge against the accused person at the time of arraignment, or if such report is received after arraignment, upon receipt, whether or not such findings are to be used in evidence against the accused person. If such report is not given to the accused or the accused person's attorney at least four days prior to trial, such fact shall be grounds for a continuance.

CREDIT(S)

Transferred from § 749A.4 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.5. State medical examiner

The office and position of state medical examiner is established for administrative purposes within the Iowa department of public health. Other state agencies shall cooperate with the state medical examiner in the use of state-owned facilities when appropriate for the performance of nonadministrative duties of the state medical examiner. The state medical examiner shall be a physician and surgeon or osteopathic physician and surgeon, be licensed to practice medicine in the state of Iowa, and be board certified or eligible to be board certified in anatomic and forensic pathology by the American board of pathology. The state medical examiner shall be appointed by and serve at the pleasure of the director of public health upon the advice of and in consultation with the director of public safety and the governor. The state medical examiner, in consultation with the director of public health, shall be responsible for developing and administering the medical examiner's budget and for employment of medical examiner staff and assistants. The state medical examiner may be a faculty member of the university of Iowa college of medicine or the college of law at the university of Iowa, and any of the examiner's assistants or staff may be members of the faculty or staff of the university of Iowa college of medicine or the college of law at the university of Iowa.

CREDIT(S)

Transferred from § 749A.5 by the Code Editor for Code Supp.1977. Amended by Acts 1986 (71 G.A.) ch. 1245, § 1602; Acts 1999 (78 G.A.) ch. 208, § 6, eff. May 27, 1999; Acts 2001 (79 G.A.) ch. 74, § 20.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.6

Effective: July 1, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.6. Duties of state medical examiner

The duties of the state medical examiner shall be:

1. To provide assistance, consultation, and training to county medical examiners and law enforcement officials.

2. To keep complete records of all relevant information concerning deaths or crimes requiring investigation by the state medical examiner.

3. To adopt rules pursuant to chapter 17A and subject to the approval of the director of public health.

4. To collect and retain autopsy fees as established by rule. Autopsy fees collected and retained under this subsection are appropriated for purposes of the state medical examiner's office. Notwithstanding section 8.33, any fees collected by the state medical examiner that remain unexpended at the end of the fiscal year shall not revert to the general fund of the state or any other fund but shall be available for use for the following fiscal year for the same purpose.

5. To conduct an inquiry, investigation, or hearing and administer oaths and receive testimony under oath relative to the matter of inquiry, investigation, or hearing, and to subpoena witnesses and require the production of records, papers, and documents pertinent to the death investigation. However, the medical examiner shall not conduct any activity pursuant to this subsection, relating to a homicide or other criminally suspicious death, without coordinating such activity with the county medical examiner, and without obtaining approval of the investigating law enforcement agency, the county attorney, or any other prosecutorial or law enforcement agency of the jurisdiction to conduct such activity.

6. To adopt rules pursuant to chapter 17A relating to the duties, responsibilities, and operations of the office of the state medical examiner and to specify the duties, responsibilities, and operations of the county medical examiner in relationship to the office of the state medical examiner.

7. To perform an autopsy or order that an autopsy be performed if required or authorized by section 331.802 or by rule. If the state medical examiner assumes jurisdiction over a body for purposes of performing an autopsy required or authorized by section 331.802 or by rule under this section, the body or its effects shall not be disturbed, withheld from the custody of the state medical examiner, or removed from the custody of the state medical examiner without authorization from the state medical examiner.

8. To retain tissues, organs, and bodily fluids as necessary to determine the cause and manner of death or as deemed advisable by the state medical examiner for medical or public health investigation, teaching, or research. Tissues, organs, and bodily fluids shall be properly disposed of by following procedures and precautions for handling biologic material and blood-borne pathogens as established by rule.

9. To collect and retain fees for medical examiner facility expenses and services related to tissue recovery. Fees collected and retained under this subsection are appropriated to the state medical examiner for purposes of supporting the state medical examiner's office and shall not be transferred, used, obligated, or otherwise encumbered. Notwithstanding section 8.33, any fees collected by the state medical examiner shall not revert to the general fund of the state or any other fund.

10. To provide staffing and support for the child death review team and any child fatality review committee under section 135.43.

CREDIT(S)

Transferred from § 749A.6 by the Code Editor for Code Supp.1977. Amended by Acts 1986 (71 G.A.) ch. 1245, § 1603; Acts 1990 (73 G.A.) ch. 1233, § 39; Acts 1999 (78 G.A.) ch. 208, § 7, eff. May 27, 1999; Acts 2000 (78 G.A.) ch. 1140, § 46; Acts 2000 (78 G.A.) ch. 1222, § 16, eff. May 8, 2000; Acts 2005 (81 G.A.) ch. 89, H.F. 789, § 38; Acts 2006 (81 G.A.) ch. 1105, H.F. 2768, § 1; Acts 2006 (81 G.A.) ch. 1184, H.F. 2734, § 120; Acts 2009 (83 G.A.) ch. 182, H.F. 811, § 112; Acts 2010 (83 G.A.) ch. 1031, S.F. 2088, § 398.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.6A

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.6A. Deputy state medical examiner--creation and duties

The position of deputy state medical examiner is created within the office of the state medical examiner. The deputy state medical examiner shall report to and be responsible to the state medical examiner. The deputy state medical examiner shall meet the qualification criteria established in section 691.5 for the state medical examiner and shall be subject to rules adopted by the state medical examiner as provided in section 691.6, subsection 3. The state medical examiner and the deputy state medical examiner shall function as a team, providing peer review as necessary, fulfilling each other's job responsibilities during times of absence, and working jointly to provide services and education to county medical examiners, law enforcement officials, hospital pathologists, and other individuals and entities. The deputy medical examiner may be, but is not required to be, a full-time salaried faculty member of the department of pathology of the university of Iowa college of medicine. If the medical examiner is a full-time salaried faculty member of the department of pathology of the university of Iowa college of medicine, the Iowa department of public health and the state board of regents shall enter into a chapter 28E agreement to define the activities and functions of the deputy medical examiner, and to allocate deputy medical examiner costs, consistent with the requirements of this section.

CREDIT(S)

Added by Acts 1999 (78 G.A.) ch. 208, § 8, eff. May 27, 1999. Amended by Acts 2001 (79 G.A.) ch. 74, § 21.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.6B

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.6B. Interagency coordinating council

An interagency coordinating council is created to advise the state medical examiner concerning the assurance of effective coordination of the functions and operations of the office of the state medical examiner with the needs and interests of the departments of public safety and public health. Members of the interagency coordinating council shall include the state medical examiner, or when the state medical examiner is not available, the deputy state medical examiner; the commissioner of public safety or the commissioner's designee; the director of public health or the director's designee; and the governor or the governor's designee. The interagency coordinating council shall meet on a regular basis.

CREDIT(S)

Added by Acts 1999 (78 G.A.) ch. 208, § 9, eff. May 27, 1999.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.6C

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.6C. State medical examiner advisory council

A state medical examiner advisory council is established to advise and consult with the state medical examiner on a range of issues affecting the organization and functions of the office of the state medical examiner and the effectiveness of the medical examiner system in the state. Membership of the state medical examiner advisory council shall be determined by the state medical examiner, in consultation with the director of public health, and shall include, but not necessarily be limited to, representatives from the office of the attorney general, the Iowa county attorneys association, the Iowa medical society, the Iowa association of pathologists, the Iowa association of county medical examiners, the departments of public safety and public health, the statewide emergency medical system, and the Iowa funeral directors association. The advisory council shall meet on a regular basis, and shall be organized and function as established by the state medical examiner by rule.

CREDIT(S)

Added by Acts 1999 (78 G.A.) ch. 208, § 10, eff. May 27, 1999. Amended by Acts 2009 (83 G.A.) ch. 56, H.F. 380, § 11.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.7. Commissioner to accept federal or private grants

The commissioner of public safety may accept federal or private funds or grants to aid in the establishment or operation of the state criminalistics laboratory, and the director of public health or the state board of regents may accept federal or private funds or grants to aid in the establishment or operation of the position of state medical examiner.

CREDIT(S)

Transferred from § 749A.7 by the Code Editor for Code Supp.1977. Amended by Acts 1986 (71 G.A.) ch. 1245, § 1604; Acts 1999 (78 G.A.) ch. 208, § 11, eff. May 27, 1999.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.8. Governor to transfer laboratory

The governor shall by executive order provide for the transfer of any appropriate laboratory facilities, equipment, and technical personnel of the state to the state criminalistics laboratory if such transfer will more effectively and efficiently aid the investigation of crime.

CREDIT(S)

Transferred from § 749A.8 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 691.9

Effective: July 1, 2006

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 691. State Criminalistics Laboratory and Medical Examiner (Refs & Annos)

691.9. Criminalistics laboratory fund

A criminalistics laboratory fund is created as a separate fund in the state treasury under the control of the department of public safety. The fund shall consist of appropriations made to the fund and transfers of interest, and earnings. All moneys in the fund are appropriated to the department of public safety for use by the department in criminalistics laboratory equipment purchasing, maintenance, depreciation, and training. Any balance in the fund on June 30 of any fiscal year shall not revert to any other fund of the state but shall remain available for the purposes described in this section.

CREDIT(S)

Added by Acts 2006 (81 G.A.) ch. 1030, S.F. 2253, § 80.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 692, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 692. Criminal History and Intelligence Data

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.1. Definitions of words and phrases

As used in this chapter, unless the context otherwise requires:

1. “Adjudication data” means information that an adjudication of delinquency for an act which would be a serious or aggravated misdemeanor or felony if committed by an adult was entered against a juvenile and includes the date and location of the delinquent act and the place and court of adjudication.

2. “Arrest data” means information pertaining to an arrest for a public offense and includes the charge, date, time and place. Arrest data includes arrest warrants for all public offenses outstanding and not served and includes the filing of charges, by preliminary information when filed by a peace officer or law enforcement officer or indictment, the date and place of alleged commission and county of jurisdiction.

3. “Conviction data” means information that a person was convicted of or entered a plea of guilty to a public offense and includes the date and location of commission and place and court of conviction.

4. “Correctional data” means information pertaining to the status, location, and activities of persons under the supervision of the county sheriff, the Iowa department of corrections, the board of parole, or any other state or local agency performing the same or similar function, but does not include investigative, sociological, psychological, economic, or other subjective information maintained by the Iowa department of corrections or board of parole.

5. “Criminal history data” means any or all of the following information maintained by the department or division in a manual or automated data storage system and individually identified:

a. Arrest data.

b. Conviction data.

c. Disposition data.

d. Correctional data.

e. Adjudication data.

f. Custody data.

6. “Criminal investigative data” means information collected in the course of an investigation where there are reasonable grounds to suspect that specific criminal acts have been committed by a person.

7. “Criminal or juvenile justice agency” means an agency or department of any level of government or an entity wholly owned, financed, or controlled by one or more such agencies or departments which performs as its principal function the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal or juvenile offenders.

8. “Custody data” means information pertaining to the taking into custody, pursuant to section 232.19, of a juvenile for a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, and includes the date, time, place, and facts and circumstances of the delinquent act. Custody data includes warrants for the taking into custody for all delinquent acts outstanding and not served and includes the filing of a petition pursuant to section 232.35, the date and place of the alleged delinquent act, and the county of jurisdiction.

9. “Department” means the department of public safety.

10. “Disposition data” means information pertaining to a recorded court proceeding subsequent and incidental to a public offense arrest and includes dismissal of the charge, suspension or deferral of sentence.

11. “Division” means the department of public safety, division of criminal investigation.

12. “Individually identified” means criminal history data which relates to a specific person by one or more of the following means of identification:

a. Name and alias, if any.

b. Social security number.

c. Fingerprints.

d. Other index cross-referenced to paragraph “a”, “b”, or “c”.

e. Other individually identifying characteristics.

13. “Intelligence assessment” means an analysis of information based in whole or in part upon intelligence data.

14. “Intelligence data” means information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor possible criminal activity.

15. “Public offense” as used in subsections 2, 3, and 10 does not include nonindictable offenses under either chapter 321 or local traffic ordinances.

16. “Surveillance data” means information on individuals, pertaining to participation in organizations, groups, meetings or assemblies, where there are no reasonable grounds to suspect involvement or participation in criminal activity by any person.

CREDIT(S)

Transferred from § 749B.1 by the Code Editor for Code Supp.1977. Amended by Acts 1981 (69 G.A.) ch. 38, §§ 2, 3, eff. May 10, 1981; Acts 1983 (70 G.A.) ch. 96, § 117, eff. Oct. 1, 1983; Acts 1983 (70 G.A.) ch. 113, § 1; Acts 1995 (76 G.A.) ch. 191, §§ 28 to 31; Acts 1997 (77 G.A.) ch. 126, § 46; Acts 2003 (80 G.A.) ch. 14, § 1, eff. April 9, 2003.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.2. Dissemination of criminal history data--fees

1. The department may provide copies or communicate information from criminal history data to the following:

a. Criminal or juvenile justice agencies.

b. A person or public or private agency, upon written application on a form approved by the commissioner of public safety and provided by the department to law enforcement agencies, subject to the following restrictions:

(1) A request for criminal history data must be submitted in writing by mail or as otherwise provided by rule. However, the department shall accept a request presented in person if it is from an individual or an individual's attorney and requests the individual's personal criminal history data.

(2) The request must identify a specific person by name and date of birth. Fingerprints of the person named may be required.

(3) Criminal history data that does not contain any disposition data after eighteen months from the date of arrest may only be disseminated by the department to criminal or juvenile justice agencies, to the person who is the subject of the criminal history data or the person's attorney, or to a person requesting the criminal history data with a signed release from the person who is the subject of the criminal history data authorizing the requesting person access to criminal history data.

(4) Upon receipt of official notification of the successful completion of probation following a deferred judgment, criminal history data regarding the person who successfully completed the probation shall only be disseminated by the department to a criminal or juvenile justice agency, to the person who is the subject of the criminal history data or the person's attorney, or to another person with a signed release from the person who is the subject of the criminal history data authorizing the requesting person access to the criminal history data.

(5) Any release of criminal history data by the department shall prominently display the statement:

AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT.

(6) Records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which physical or mental injury or an attempt to commit physical or mental injury to another was alleged shall not be disseminated to persons or agencies other than criminal or juvenile justice agencies or persons employed in or by those agencies.

2. Requests for criminal history data from criminal or juvenile justice agencies shall take precedence over all other requests.

3. A person who requests criminal history data shall not be liable for damages to the person whose criminal history data is requested for actions the person requesting the information may reasonably take in reliance on the accuracy and completeness of the criminal history data received from the department if all of the following are true:

a. The person requesting the criminal history data in good faith believes the criminal history data to be accurate and complete.

b. The person requesting the criminal history data has complied with the requirements of this chapter.

c. The identifying information submitted to the department by the person requesting the criminal history data is accurate regarding the person whose criminal history data is sought.

4. Unless otherwise provided by law, access under this section to criminal history data by a person or public or private agency does not create a duty upon a person, or employer, member, or volunteer of a public or private agency to examine the criminal history data of an applicant, employee, or volunteer.

5. A person other than the department of public safety shall not disseminate criminal history data maintained by the department to persons who are not criminal or juvenile justice agencies.

6. The department may charge a fee to any nonlaw-enforcement person or agency to conduct criminal history data checks. Notwithstanding any other limitation, the department may use revenues generated from the fee to administer this section and other sections of the Code providing access to criminal history data and to employ personnel to process criminal history data checks.

However, the fee for conducting a criminal history data check for a person seeking release of a certified copy of the person's own criminal history data to a potential employer, if that employer requests the release in writing, shall not be paid by the person but shall be paid by the employer.

CREDIT(S)

Transferred from § 749B.2 by the Code Editor for Code Supp.1977. Amended by Acts 1982 (69 G.A.) ch. 1120, § 1; Acts 1983 (70 G.A.) ch. 96, § 157, eff. July 1, 1983; Acts 1983 (70 G.A.) ch. 113, §§ 2, 3; Acts 1984 (70 G.A.) ch. 1061, § 1; Acts 1984 (70 G.A.) ch. 1265, § 6; Acts 1985 (71 G.A.) ch. 33, § 124, eff. May 3, 1985; Acts 1986 (71 G.A.) ch. 1245, §§ 1605, 1606; Acts 1987 (72 G.A.) ch. 59, § 1; Acts 1988 (72 G.A.) ch. 1249, § 19; Acts 1988 (72 G.A.) ch. 1252, § 3; Acts 1989 (73 G.A.) ch. 10, §§ 1, 2; Acts 1989 (73 G.A.) ch. 283, § 32, eff. June 1, 1989; Acts 1990 (73 G.A.) ch. 1248, § 3; Acts 1990 (73 G.A.) ch. 1249, § 19; Acts 1991 (74 G.A.) ch. 138, § 9; Acts 1993 (75 G.A.) ch. 53, § 8, eff. April 27, 1993; Acts 1993 (75 G.A.) ch. 115, § 4; Acts 1994 (75 G.A.) ch. 1130, §§ 16, 17; Acts 1995 (76 G.A.) ch. 191, §§ 32 to 34; Acts 1996 (76 G.A.) ch. 1150, §§ 3, 4; Acts 1998 (77 G.A.) ch. 1021, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.2A

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.2A. Criminal history data check prepayment fund

1. A criminal history data check prepayment fund is created in the state treasury under the control of the department for the purpose of allowing any non-law enforcement agency or person to deposit moneys as an advance on fees required to conduct criminal history data checks as provided in section 692.2.

2. The department shall adopt rules governing the fund, including the crediting of deposits made to the fund. Prepaid fees deposited in the fund are appropriated to the department for use as provided in section 692.2.

3. Interest or earnings on moneys deposited in the fund shall not be credited to the fund or to the agency or person who deposited the money but shall be deposited in the general fund of the state as provided in section 12C.7. Notwithstanding section 8.33, moneys remaining in the criminal history data check prepayment fund at the end of a fiscal year shall not revert to the general fund of the state.

CREDIT(S)

Added by Acts 1997 (77 G.A.) ch. 209, § 24, eff. May 23, 1997.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.3

Effective: July 1, 2007

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.3. Redissemination of arrest data and other information

A criminal or juvenile justice agency may redisseminate arrest data, and the name, photograph, physical description, and other identifying information concerning a person who is wanted or being sought if a warrant for the arrest of that person has been issued. Information relating to any threat the person may pose to the public may also be redisseminated. The information may be redisseminated through any written, audio, or visual means utilized by a criminal or juvenile justice agency. Any redissemination of information pursuant to this section shall also include the statement provided in section 692.2, subsection 1, paragraph “b”, subparagraph (5).

CREDIT(S)

Added by Acts 2007 (82 G.A.) ch. 38, S.F. 204, § 5.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.4. Statistics

The department, division, or a criminal or juvenile justice agency may compile and disseminate criminal history data in the form of statistical reports derived from such information or as the basis of further study provided individual identities are not ascertainable.

The division may with the approval of the commissioner of public safety disseminate criminal history data to persons conducting bona fide research, provided the data is not individually identified.

CREDIT(S)

Transferred from § 749B.4 by the Code Editor for Code Supp.1977. Amended by Acts 1995 (76 G.A.) ch. 191, § 36.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.5. Right of notice, access and challenge

Any person or the person's attorney shall have the right to examine and obtain a copy of criminal history data filed with the department that refers to the person. The person or person's attorney shall present or mail to the department written authorization and the person's fingerprint identification. The department shall not copy the fingerprint identification and shall return or destroy the identification after the copy of the criminal history data is made. The department may prescribe reasonable hours and places of examination.

Any person who files with the division a written statement to the effect that a statement contained in the criminal history data that refers to the person is nonfactual, or information not authorized by law to be kept, and requests a correction or elimination of that information that refers to that person shall be notified within twenty days by the division, in writing, of the division's decision or order regarding the correction or elimination. Judicial review of the actions of the division may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Immediately upon the filing of the petition for judicial review the court shall order the division to file with the court a certified copy of the criminal history data and in no other situation shall the division furnish an individual or the individual's attorney with a certified copy, except as provided by this chapter.

Upon the request of the petitioner, the record and evidence in a judicial review proceeding shall be closed to all but the court and its officers, and access thereto shall be refused unless otherwise ordered by the court. The clerk shall maintain a separate docket for such actions. A person, other than the petitioner, shall not permit a copy of any of the testimony or pleadings or the substance thereof to be made available to any person other than a party to the action or the party's attorney. Violation of this section shall be a public offense, punishable under section 692.7. The provisions of this section shall be the sole right of action against the department, its subdivisions, or employees regarding improper storage or release of criminal history data.

Whenever the division corrects or eliminates data as requested or as ordered by the court, the division shall advise all agencies or individuals who have received the incorrect information to correct their files. Upon application to the district court and service of notice on the commissioner of public safety, any individual may request and obtain a list of all persons and agencies who received criminal history data referring to the individual, unless good cause be shown why the individual should not receive said list.

CREDIT(S)

Transferred from § 749B.5 by the Code Editor for Code Supp.1977. Amended by Acts 1993 (75 G.A.) ch. 115, § 5; Acts 1996 (76 G.A.) ch. 1150, § 5; Acts 2003 (80 G.A.) ch. 44, § 114.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.6

Effective: July 1, 2007

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.6. Civil remedy

Any person may institute a civil action for damages under chapter 669 or 670 or to restrain the dissemination of the person's criminal history data or intelligence data in violation of this chapter. Notwithstanding any provisions of chapter 669 or 670 to the contrary, any person, agency, or governmental body proven to have disseminated or to have requested and received criminal history data or intelligence data in violation of this chapter shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorney fees incurred by the party bringing the action. In no case shall the award for damages be less than one hundred dollars.

CREDIT(S)

Transferred from § 749B.6 by the Code Editor for Code Supp.1977. Amended by Acts 2007 (82 G.A.) ch. 38, S.F. 204, § 6.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.7. Criminal penalties

1. A person who willfully requests, obtains, or seeks to obtain criminal history data under false pretenses, or who willfully communicates or seeks to communicate criminal history data to any agency or person except in accordance with this chapter, or a person connected with a research program authorized pursuant to this chapter who willfully falsifies criminal history data or any records relating thereto, shall, upon conviction, for each such offense be guilty of an aggravated misdemeanor.

2. Any person who willfully requests, obtains, or seeks to obtain intelligence data under false pretenses, or who willfully communicates or seeks to communicate intelligence data to any agency or person except in accordance with this chapter, shall for each such offense be guilty of a class “D” felony. Any person who knowingly, but without criminal purposes, communicates or seeks to communicate intelligence data except in accordance with this chapter shall for each such offense be guilty of a serious misdemeanor.

3. If a person convicted under this section is a peace officer, the conviction shall be grounds for discharge or suspension from duty without pay and if the person convicted is a public official or public employee, the conviction shall be grounds for removal from office.

4. Any reasonable grounds for belief that a public employee has violated any provision of this chapter shall be grounds for immediate removal from all access to criminal history data and intelligence data.

CREDIT(S)

Transferred from § 749B.7 by the Code Editor for Code Supp.1977. Amended by Acts 1996 (76 G.A.) ch. 1150, § 6.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.8. Intelligence data

Intelligence data contained in the files of the department of public safety or a criminal or juvenile justice agency may be placed within a computer data storage system, provided that access to the computer data storage system is restricted to authorized employees of the department or criminal or juvenile justice agency. The department shall adopt rules to implement this paragraph.

Intelligence data in the files of the department may be disseminated only to a peace officer, criminal or juvenile justice agency, or state or federal regulatory agency, and only if the department is satisfied that the need to know and the intended use are reasonable. However, intelligence data may also be disseminated to an agency, organization, or person when disseminated for an official purpose, and in order to protect a person or property from a threat of imminent serious harm. Whenever intelligence data relating to a defendant or juvenile who is the subject of a petition under section 232.35 for the purpose of sentencing or adjudication has been provided a court, the court shall inform the defendant or juvenile or the defendant's or juvenile's attorney that it is in possession of such data and shall, upon request of the defendant or juvenile or the defendant's or juvenile's attorney, permit examination of such data.

If the defendant or juvenile disputes the accuracy of the intelligence data, the defendant or juvenile shall do so by filing an affidavit stating the substance of the disputed data and wherein it is inaccurate. If the court finds reasonable doubt as to the accuracy of such information, it may require a hearing and the examination of witnesses relating thereto on or before the time set for sentencing or adjudication.

CREDIT(S)

Transferred from § 749B.8 by the Code Editor for Code Supp.1977. Amended by Acts 1984 (70 G.A.) ch. 1145, § 2; Acts 1994 (75 G.A.) ch. 1096, § 1; Acts 1995 (76 G.A.) ch. 191, § 37; Acts 2003 (80 G.A.) ch. 14, § 2, eff. April 9, 2003.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.8A

Effective: July 1, 2007

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.8A. Dissemination of intelligence data

1. A criminal or juvenile justice agency, state or federal regulatory agency, or a peace officer shall not disseminate intelligence data, which has been received from the department or division or from any other source, outside the agency or the peace officer's agency unless all of the following apply:

a. The intelligence data is for official purposes in connection with prescribed duties of a criminal or juvenile justice agency.

b. The agency maintains a list of the agencies, organizations, or persons receiving the intelligence data and the date and purpose of the dissemination.

c. The agency disseminating the intelligence data is satisfied that the need to know and the intended use are reasonable.

2. Notwithstanding subsection 1, a criminal or juvenile justice agency, state or federal regulatory agency, or peace officer may disseminate intelligence data to an agency, organization, or person when disseminated for an official purpose, and in order to protect a person or property from a threat of imminent serious harm, and if the dissemination complies with paragraphs “b” and “c” of subsection 1.

3. An agency, organization, or person receiving intelligence data from a criminal or juvenile justice agency, state or federal regulatory agency, or a peace officer pursuant to this chapter may only redisseminate the intelligence data if authorized by the agency or peace officer providing the data. A criminal or juvenile justice agency, state or federal regulatory agency, or a peace officer who disseminates intelligence data pursuant to this chapter may limit the type of data released in order to protect the intelligence methods and sources used to gather the data, and may also place restrictions on the redissemination by the agency, organization, or person receiving the intelligence data. An agency, organization, or person receiving intelligence data is also subject to the provisions of this chapter and shall comply with any administrative rules adopted pursuant to this chapter.

4. An intelligence assessment and intelligence data shall be deemed a confidential record of the department under section 22.7, subsection 55, except as otherwise provided in this subsection. This section shall not be construed to prohibit the dissemination of an intelligence assessment to any agency or organization if necessary for carrying out the official duties of the agency or organization, or to a person if disseminated for an official purpose, and to a person if necessary to protect a person or property from a threat of imminent serious harm. This section shall also not be construed to prohibit the department from disseminating a public health and safety threat advisory or alert by press release or other method of public communication.

CREDIT(S)

Added by Acts 1996 (76 G.A.) ch. 1150, § 7. Amended by Acts 2003 (80 G.A.) ch. 14, § 3, eff. April 9, 2003; Acts 2006 (81 G.A.) ch. 1148, H.F. 2571, § 2; Acts 2007 (82 G.A.) ch. 22, S.F. 272, § 105.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.9. Surveillance data prohibited

No surveillance data shall be placed in files or manual or automated data storage systems by the department or division or by any peace officer or criminal or juvenile justice agency. Violation of the provisions of this section shall be a public offense punishable under section 692.7.

CREDIT(S)

Transferred from § 749B.9 by the Code Editor for Code Supp.1977. Amended by Acts 1995 (76 G.A.) ch. 191, § 38.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.10. Rules

The department shall adopt rules designed to assure the security and confidentiality of all systems established for the exchange of criminal history data and intelligence data between criminal or juvenile justice agencies and for the authorization of officers or employees to access a department or agency computer data storage system in which criminal intelligence data is stored.

CREDIT(S)

Transferred from § 749B.10 by the Code Editor for Code Supp.1977. Amended by Acts 1981 (69 G.A.) ch. 38, § 5, eff. May 10, 1981; Acts 1984 (70 G.A.) ch. 1145, § 3; Acts 1995 (76 G.A.) ch. 191, § 39.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.11. Education program

The department shall require an educational program for its employees and the employees of criminal or juvenile justice agencies on the proper use and control of criminal history data and intelligence data.

CREDIT(S)

Transferred from § 749B.11 by the Code Editor for Code Supp.1977. Amended by Acts 1995 (76 G.A.) ch. 191, § 40.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.12

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.12. Data processing

Nothing in this chapter shall preclude the use of the equipment and hardware of the data processing service center for the storage and retrieval of criminal history data. Files shall be stored on the computer in such a manner that the files cannot be modified, destroyed, accessed, changed, or overlaid in any fashion by terminals or personnel not belonging to a criminal or juvenile justice agency. That portion of any computer, electronic switch, or manual terminal having access to criminal history data stored in the state computer must be under the management control of a criminal or juvenile justice agency.

CREDIT(S)

Transferred from § 749B.12 by the Code Editor for Code Supp.1977. Amended by Acts 1995 (76 G.A.) ch. 191, § 41; Acts 1996 (76 G.A.) ch. 1034, § 56.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.13

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.13. Review

The department shall initiate periodic review procedures designed to determine compliance with the provisions of this chapter within the department and by criminal or juvenile justice agencies and to determine that data furnished to them is factual and accurate.

CREDIT(S)

Transferred from § 749B.13 by the Code Editor for Code Supp.1977. Amended by Acts 1995 (76 G.A.) ch. 191, § 42.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.14

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.14. Systems for the exchange of criminal history data

The department shall regulate the participation by all state and local agencies in any system for the exchange of criminal history data, and shall be responsible for assuring the consistency of such participation with the terms and purposes of this chapter.

Direct access to such systems shall be limited to such criminal or juvenile justice agencies as are expressly designated for that purpose by the department. The department shall, with respect to telecommunications terminals employed in the dissemination of criminal history data, insure that security is provided over an entire terminal or that portion actually authorized access to criminal history data.

CREDIT(S)

Transferred from § 749B.14 by the Code Editor for Code Supp.1977. Amended by Acts 1995 (76 G.A.) ch. 191, § 43.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.15

Effective: July 1, 2011

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.15. Reports to department

1. If it comes to the attention of a sheriff, police department, or other law enforcement agency that a public offense or delinquent act has been committed in its jurisdiction, the law enforcement agency shall report information concerning the public offense or delinquent act to the department on a form to be furnished by the department not more than thirty-five days from the time the public offense or delinquent act first comes to the attention of the law enforcement agency. The reports shall be used to generate crime statistics. The department shall submit statistics to the governor, the general assembly, and the division of criminal and juvenile justice planning of the department of human rights on a quarterly and yearly basis.

2. If a sheriff, police department, or other law enforcement agency makes an arrest or takes a juvenile into custody which is reported to the department, the law enforcement agency making the arrest or taking the juvenile into custody and any other law enforcement agency which obtains custody of the arrested person or juvenile taken into custody shall furnish a disposition report to the department if the arrested person or juvenile taken into custody is transferred to the custody of another law enforcement agency or is released without having a complaint or information or petition under section 232.35 filed with any court.

3. The law enforcement agency making an arrest and securing fingerprints pursuant to section 690.2 or taking a juvenile into custody and securing fingerprints pursuant to section 232.148 shall fill out a final disposition report on each arrest or taking into custody on a form and in the manner prescribed by the commissioner of public safety. The final disposition report shall be forwarded to the county attorney, or at the discretion of the county attorney, to the clerk of the district court, in the county where the arrest or taking into custody occurred, or to the juvenile court officer who received the referral, whichever is deemed appropriate under the circumstances.

4. The county attorney of each county or juvenile court officer who received the referral shall complete the final disposition report and submit it to the department within thirty days if a preliminary information or citation is dismissed without a new charge being filed. If an indictment is returned or a county attorney's information is filed, or a petition is filed under section 232.35, the final disposition form shall be forwarded to either the clerk of the district court or juvenile court of that county.

5. If a criminal complaint or information or petition under section 232.35 is filed in any court, the clerk shall furnish a disposition report of the case.

6. Any disposition report shall be sent to the department within thirty days after disposition either electronically or on a printed form provided by the department.

7. The hate crimes listed in section 729A.2 are subject to the reporting requirements of this section.

8. The fact that a person was convicted for a sexually predatory offense under chapter 901A shall be reported with other conviction data regarding that person.

CREDIT(S)

Transferred from § 749B.15 by the Code Editor for Code Supp.1977. Amended by Acts 1986 (71 G.A.) ch. 1237, § 42; Acts 1992 (74 G.A.) ch. 1157, § 2; Acts 1993 (75 G.A.) ch. 115, § 6; Acts 1995 (76 G.A.) ch. 191, § 44; Acts 1996 (76 G.A.) ch. 1082, § 1; Acts 1999 (78 G.A.) ch. 37, § 3; Acts 2000 (78 G.A.) ch. 1154, § 41; Acts 2007 (82 G.A.) ch. 38, S.F. 204, § 7; Acts 2011 (84 G.A.) ch. 95, S.F. 236, § 7.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.16

Effective: July 1, 2007

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.16. Review and removal

At least every year the division shall review and determine current status of all Iowa arrests or takings into custody reported, which are at least four years old with no disposition data. Any Iowa arrest or taking of a juvenile into custody recorded within a computer data storage system which has no disposition data after four years shall be removed unless there is an outstanding arrest warrant or detainer on such charge.

CREDIT(S)

Transferred from § 749B.16 by the Code Editor for Code Supp.1977. Amended by Acts 1993 (75 G.A.) ch. 115, § 7; Acts 1995 (76 G.A.) ch. 191, § 45; Acts 2007 (82 G.A.) ch. 38, S.F. 204, § 8.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.17

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.17. Exclusions--purposes

1. Criminal history data in a computer data storage system shall not include arrest or disposition data or custody or adjudication data after the person has been acquitted or the charges dismissed, except that records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which physical or mental injury or an attempt to commit physical or mental injury to another was alleged may be included. Criminal history data shall not include custody or adjudication data, except as necessary for the purpose of administering chapter 692A, after the juvenile has reached twenty-one years of age, unless the juvenile was convicted of or pled guilty to a serious or aggravated misdemeanor or felony between age eighteen and age twenty-one.

2. For the purposes of this section, “criminal history data” includes the following:

a. In the case of an adult, information maintained by any criminal justice agency if the information otherwise meets the definition of criminal history data in section 692.1, except that source documents shall be retained.

b. In the case of a juvenile, information maintained by any criminal or juvenile justice agency if the information otherwise meets the definition of criminal history data in section 692.1. In the case of a juvenile, criminal history data and source documents, other than fingerprint records, shall not be retained.

3. Fingerprint cards received that are used to establish a criminal history data record shall be retained in the automated fingerprint identification system when the criminal history data record is expunged.

4. Criminal history data may be collected for management or research purposes.

CREDIT(S)

Transferred from § 749B.17 by the Code Editor for Code Supp.1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 43; Acts 1990 (73 G.A.) ch. 1053, § 1; Acts 1991 (74 G.A.) ch. 116, § 20; Acts 1993 (75 G.A.) ch. 115, § 8; Acts 1995 (76 G.A.) ch. 191, § 46; Acts 1998 (77 G.A.) ch. 1021, § 2; Acts 2009 (83 G.A.) ch. 24, S.F. 209, § 4.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.18

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.18. Public records

1. Nothing in this chapter shall prohibit the public from examining and copying the public records of any public body or agency as authorized by chapter 22.

2. Intelligence data in the possession of a criminal or juvenile justice agency, state or federal regulatory agency, or peace officer, or disseminated by such agency or peace officer, are confidential records under section 22.7, subsection 55.

CREDIT(S)

Transferred from § 749B.18 by the Code Editor for Code Supp.1977. Amended by Acts 1996 (76 G.A.) ch. 1150, § 8; Acts 2003 (80 G.A.) ch. 14, § 4, eff. April 9, 2003; Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 174.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.19

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.19. Confidential records--commissioner's responsibility

The commissioner of public safety shall have the following responsibilities and duties:

1. Shall periodically monitor the operation of governmental information systems which deal with the collection, storage, use and dissemination of criminal history or intelligence data.

2. Shall review the implementation and effectiveness of legislation and administrative rules concerning such systems.

3. May recommend changes in said rules and legislation to the legislature and the appropriate administrative officials.

4. May require such reports from state agencies as may be necessary to perform its duties.

5. May receive and review complaints from the public concerning the operation of such systems.

6. May conduct inquiries and investigations the commissioner finds appropriate to achieve the purposes of this chapter. Each criminal or juvenile justice agency in this state and each state and local agency otherwise authorized access to criminal history data is authorized and directed to furnish to the commissioner of public safety, upon the commissioner's request, statistical data, reports, and other information in its possession as the commissioner deems necessary to implement this chapter.

7. Shall annually approve rules adopted in accordance with section 692.10 and rules to assure the accuracy, completeness and proper purging of criminal history data.

8. Shall approve all agreements, arrangements and systems for the interstate transmission and exchange of criminal history data.

CREDIT(S)

Transferred from § 749B.19 by the Code Editor for Code Supp.1977. Amended by Acts 1986 (71 G.A.) ch. 1245, § 1607; Acts 1988 (72 G.A.) ch. 1134, § 113; Acts 1995 (76 G.A.) ch. 191, § 47.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.20

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.20. Motor vehicle operator's record exempt

The provisions of section 692.2 shall not apply to the certifying of an individual's operating record pursuant to section 321A.3.

CREDIT(S)

Transferred from § 749B.20 by the Code Editor for Code Supp.1977. Amended by Acts 1996 (76 G.A.) ch. 1150, § 9.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.21

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.21. Data to agency making arrest or taking juvenile into custody

The clerk of the district court shall forward conviction and disposition data to the criminal or juvenile justice agency making the arrest or taking a juvenile into custody within thirty days of final court disposition of the case.

CREDIT(S)

Added by Acts 1980 (68 G.A.) ch. 1180, § 2. Amended by Acts 1995 (76 G.A.) ch. 191, § 48; Acts 1996 (76 G.A.) ch. 1034, § 57.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692.22

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692. Criminal History and Intelligence Data (Refs & Annos)

692.22. Stalking information

Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving stalking, as defined in section 708.11, and shall provide the information to the department of public safety in the manner prescribed by the department of public safety.

The department of public safety may compile statistics and issue reports on stalking in Iowa, provided individual identifying details of the stalking are deleted. The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims. The department of public safety may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of public safety may provide nonidentifying information on individual incidents of stalking to persons conducting bona fide research, including but not limited to personnel of the department of justice.

CREDIT(S)

Added by Acts 1998 (77 G.A.) ch. 1021, § 3.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 692A, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 692A. Sex Offender Registry

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.1

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.2

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.2A

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.3

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.3A

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.4

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.4A

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.5

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.6

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.7

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.8

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.9

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.10

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.11

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.12

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.13

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.13A

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.14

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.15

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.16

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.1 to 692A.16. Repealed by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 31

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.101

Effective: March 26, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.101. Definitions

As used in this chapter and unless the context otherwise requires:

1. a. “Aggravated offense” means a conviction for any of the following offenses:

(1) Sexual abuse in the first degree in violation of section 709.2.

(2) Sexual abuse in the second degree in violation of section 709.3.

(3) Sexual abuse in the third degree in violation of section 709.4, subsection 1.

(4) Lascivious acts with a child in violation of section 709.8, subsection 1 or 2.

(5) Assault with intent to commit sexual abuse in violation of section 709.11.

(6) Burglary in the first degree in violation of section 713.3, subsection 1, paragraph “d”.

(7) Kidnapping, if sexual abuse as defined in section 709.1 is committed during the commission of the offense.

(8) Murder in violation of section 707.2 or 707.3, if sexual abuse as defined in section 709.1 is committed during the offense.

(9) Criminal transmission of human immunodeficiency virus in violation of section 709C.1, subsection 1, paragraph “a”.

b. Any conviction for an offense specified in the laws of another jurisdiction or any conviction for an offense prosecuted in federal, military, or foreign court, that is comparable to an offense listed in paragraph “a” shall be considered an aggravated offense for purposes of registering under this chapter.

2. a. “Aggravated offense against a minor” means a conviction for any of the following offenses, if such offense was committed against a minor, or otherwise involves a minor:

(1) Sexual abuse in the first degree in violation of section 709.2.

(2) Sexual abuse in the second degree in violation of section 709.3.

(3) Sexual abuse in the third degree in violation of section 709.4, except for a violation of section 709.4, subsection 2, paragraph “c”, subparagraph (4).

b. Any offense specified in the laws of another jurisdiction or prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in paragraph “a” shall be considered an aggravated offense against a minor if such an offense was committed against a minor or otherwise involves a minor.

3. “Appearance” means to appear in person at a sheriff's office.

4. “Business day” means every day except Saturday, Sunday, or any paid holiday for county employees in the applicable county.

5. “Change” means to add, begin, or terminate.

6. “Child care facility” means the same as defined in section 237A.1.

7. “Convicted” means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another jurisdiction including in a federal, military, tribal, or foreign court, including but not limited to a juvenile who has been adjudicated delinquent, but whose juvenile court records have been sealed under section 232.150, and a person who has received a deferred sentence or a deferred judgment or has been acquitted by reason of insanity. “Conviction” includes the conviction of a juvenile prosecuted as an adult. “Convicted” also includes a conviction for an attempt or conspiracy to commit an offense. “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.

8. “Criminal or juvenile justice agency” means an agency or department of any level of government or an entity wholly owned, financed, or controlled by one or more such agencies or departments which performs as its principal function the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal or juvenile offenders.

9. “Department” means the department of public safety.

10. “Employee” means an offender who is self-employed, employed by another, and includes a person working under contract, or acting or serving as a volunteer, regardless of whether the self-employment, employment by another, or volunteerism is performed for compensation.

11. “Employment” means acting as an employee.

12. “Foreign court” means a court of a foreign nation that is recognized by the United States department of state that enforces the right to a fair trial during the period in which a conviction occurred.

13. “Habitually lives” means living in a place with some regularity, and with reference to where the sex offender actually lives, which could be some place other than a mailing address or primary address but would entail a place where the sex offender lives on an intermittent basis.

14. “Incarcerated” means to be imprisoned by placing a person in a jail, prison, penitentiary, juvenile facility, or other correctional institution or facility or a place or condition of confinement or forcible restraint regardless of the nature of the institution in which the person serves a sentence for a conviction.

15. “Internet identifier” means an electronic mail address, instant message address or identifier, or any other designation or moniker used for self-identification during internet communication or posting, including all designations used for the purpose of routing or self-identification in internet communications or postings.

16. “Jurisdiction” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, or a federally recognized Indian tribe.

17. “Loiter” means remaining in a place or circulating around a place under circumstances that would warrant a reasonable person to believe that the purpose or effect of the behavior is to enable a sex offender to become familiar with a location where a potential victim may be found, or to satisfy an unlawful sexual desire, or to locate, lure, or harass a potential victim.

18. “Military offense” means a sex offense specified by the secretary of defense under 10 U.S.C. § 951.

19. “Minor” means a person under eighteen years of age.

20. “Principal residence” for a sex offender means:

a. The residence of the offender, if the offender has only one residence in this state.

b. The residence at which the offender resides, sleeps, or habitually lives for more days per year than another residence in this state, if the offender has more than one residence in this state.

c. The place of employment or attendance as a student, or both, if the sex offender does not have a residence in this state.

21. “Professional licensing information” means the name or other description, number, if applicable, and issuing authority or agency of any license, certification, or registration required by law to engage in a profession or occupation held by a sex offender who is required at the time of the initial requirement to register under this chapter, or any such license, certification, or registration that was issued to an offender within the five-year period prior to conviction for a sex offense that requires registration under this chapter, or any such license, certification, or registration that is issued to an offender at any time during the duration of the registration requirement.

22. “Public library” means any library that receives financial support from a city or county pursuant to section 256.69.

23. a. “Relevant information” means the following information with respect to a sex offender:

(1) Criminal history, including warrants, articles, status of parole, probation, or supervised release, date of arrest, date of conviction, and registration status.

(2) Date of birth.

(3) Passport and immigration documents.

(4) Government issued driver's license or identification card.

(5) DNA sample.

(6) Educational institutions attended as a student, including the name and address of such institutions.

(7) Employment information including name and address of employer.

(8) Fingerprints.

(9) Internet identifiers.

(10) Names, nicknames, aliases, or ethnic or tribal names, and if applicable, the real names of an offender protected under 18 U.S.C. § 3521.

(11) Palm prints.

(12) Photographs.

(13) Physical description, including scars, marks, or tattoos.

(14) Professional licensing information.

(15) Residence.

(16) Social security number.

(17) Telephone numbers, including any landline or wireless numbers.

(18) Temporary lodging information, including dates when residing in temporary lodging.

(19) Statutory citation and text of offense committed that requires registration under this chapter.

(20) Vehicle information for a vehicle owned or operated by an offender including license plate number, registration number, or other identifying number, vehicle description, and the permanent or frequent locations where the vehicle is parked, docked, or otherwise kept.

(21) The name, gender, and date of birth of each person residing in the residence.

b. “Relevant information” does not include relevant information in paragraph “a”, subparagraphs (1) and (19), when a sex offender is required to provide relevant information pursuant to this chapter.

24. “Residence” means each dwelling or other place where a sex offender resides, sleeps, or habitually lives, or will reside, sleep, or habitually live, including a shelter or group home. If a sex offender does not reside, sleep, or habitually live in a fixed place, “residence” means a description of the locations where the offender is stationed regularly, including any mobile or transitory living quarters. “Residence” shall be construed to refer to the places where a sex offender resides, sleeps, habitually lives, or is stationed with regularity, regardless of whether the offender declares or characterizes such place as the residence of the offender.

25. “Sex act” means as defined in section 702.17.

26. “Sex offender” means a person who is required to be registered under this chapter.

27. “Sex offense” means an indictable offense for which a conviction has been entered that is enumerated in section 692A.102, and means any comparable offense for which a conviction has been entered under prior law, or any comparable offense for which a conviction has been entered in a federal, military, or foreign court, or another jurisdiction.

28. “Sex offense against a minor” means an offense for which a conviction has been entered for a sex offense classified as a tier I, tier II, or tier III offense under this chapter if such offense was committed against a minor, or otherwise involves a minor.

29. “Sexually motivated” means the same as defined in section 229A.2.

30. “Sexually violent offense” means an offense for which a conviction has been entered for any of the following indictable offenses:

a. Sexual abuse as defined under section 709.1.

b. Assault with intent to commit sexual abuse in violation of section 709.11.

c. Sexual misconduct with offenders and juveniles in violation of section 709.16.

d. Any of the following offenses, if the offense involves sexual abuse or assault with intent to commit sexual abuse: murder, attempted murder, kidnapping, burglary, or manslaughter.

e. A criminal offense committed in another jurisdiction, including a conviction in a federal, military, or foreign court, which would constitute an indictable offense under paragraphs “a” through “d” if committed in this state.

31. “Sexually violent predator” means a sex offender who has been convicted of an offense which would qualify the offender as a sexually violent predator under the federal Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14071(a)(3)(B), (C), (D), and (E).

32. “SORNA” means the Sex Offender Registration and Notification Act, which is Tit. I of the federal Adam Walsh Child Protection and Safety Act of 2006. [FN1]

33. “Student” means a sex offender who enrolls in or otherwise receives instruction at an educational institution, including a public or private elementary school, secondary school, trade or professional school, or institution of higher education. “Student” does not mean a sex offender who enrolls in or attends an educational institution as a correspondence student, distance learning student, or any other form of learning that occurs without physical presence on the real property of an educational institution.

34. “Superintendent” means the superintendent or superintendent's designee of a public school or the authorities in charge of a nonpublic school.

35. “Vehicle” means a vehicle owned or operated by an offender, including but not limited to a vehicle for personal or work-related use, and including a watercraft or aircraft, that is subject to registration requirements under chapter 321, 328, or 462A.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 1. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, §§ 1 to 3, eff. March 26, 2010.

[FN1] See 42 U.S.C.A. § 16901 et seq.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.102

Effective: July 1, 2012

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.102. Sex offense classifications

1. For purposes of this chapter, all individuals required to register shall be classified as a tier I, tier II, or tier III offender. For purposes of this chapter, sex offenses are classified into the following tiers:

a. Tier I offenses include a conviction for the following sex offenses:

(1) Sexual abuse in the second degree in violation of section 709.3, subsection 2, if committed by a person under the age of fourteen.

(2) Sexual abuse in the third degree in violation of section 709.4, subsection 1, 3, or 4, if committed by a person under the age of fourteen.

(3) Sexual abuse in the third degree in violation of section 709.4, subsection 2, paragraph “a” or “b”, if committed by a person under the age of fourteen.

(4) Sexual abuse in the third degree in violation of section 709.4, subsection 2, paragraph “c”.

(5) Indecent exposure in violation of section 709.9.

(6) (a) Harassment in violation of section 708.7, subsection 1, 2, or 3, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(b) Stalking in violation of section 708.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126, except a violation of section 708.11, subsection 3, paragraph “b”, subparagraph (3), shall be classified a tier II offense as provided in paragraph “b”.

(c) Any other indictable offense in violation of chapter 708 if the offense is committed against a minor and if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(7) Pimping in violation of section 725.2 if the offense was committed against a minor or otherwise involves a minor and if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(8) Pandering in violation of section 725.3, subsection 2, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(9) Any indictable offense in violation of chapter 726 if the offense is committed against a minor or otherwise involves a minor and if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(10) (a) Dissemination or exhibition of obscene material to minors in violation of section 728.2 or telephone dissemination of obscene material to minors in violation of section 728.15.

(b) Rental or sale of hard-core pornography, if delivery is to a minor, in violation of section 728.4.

(11) Admitting minors to premises where obscene material is exhibited in violation of section 728.3.

(12) Receipt or possession of child pornography in violation of 18 U.S.C. § 2252.

(13) Material containing child pornography in violation of 18 U.S.C. § 2252A.

(14) Misleading domain names on the internet in violation of 18 U.S.C. § 2252B.

(15) Misleading words or digital images on the internet in violation of section 18 U.S.C. § 2252C.

(16) Failure to file a factual statement about an alien individual in violation of 18 U.S.C. § 2424.

(17) Transmitting information about a minor to further criminal sexual conduct in violation of 18 U.S.C. § 2425.

(18) Any sex offense specified in the laws of another jurisdiction or any sex offense that may be prosecuted in federal, military, or foreign court, that is comparable to an offense listed in subparagraphs (1) through (17).

(19) Any sex offense under the prior laws of this state or another jurisdiction, or any sex offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraphs (1) through (17).

b. Tier II offenses include a conviction for the following sex offenses:

(1) Lascivious acts with a child in violation of section 709.8, subsection 3 or 4.

(2) Solicitation of a minor to engage in an illegal sex act in violation of section 705.1.

(3) Solicitation of a minor to engage in an illegal act under section 709.8, subsection 3, in violation of section 705.1.

(4) Solicitation of a minor to engage in an illegal act under section 709.12, in violation of section 705.1.

(5) False imprisonment of a minor in violation of section 710.7, except if committed by a parent.

(6) Assault with intent to commit sexual abuse if no injury results in violation of section 709.11.

(7) Invasion of privacy-nudity in violation of section 709.21.

(8) Stalking in violation of section 708.11, subsection 3, paragraph “b”, subparagraph (3), if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(9) Indecent contact with a child in violation of section 709.12, if the child is thirteen years of age.

(10) Lascivious conduct with a minor in violation of section 709.14.

(11) Sexual exploitation by a counselor, therapist, or school employee in violation of section 709.15, if the victim is thirteen years of age or older.

(12) Sexual misconduct with offenders and juveniles in violation of section 709.16, if the victim is thirteen years of age or older.

(13) Sexual abuse of a corpse in violation of section 709.18.

(14) Kidnapping of a person who is not a minor in violation of section 710.2, 710.3, or 710.4, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(15) Pandering in violation of section 725.3.

(16) Solicitation of a minor to engage in an illegal act under section 725.3, subsection 2, in violation of section 705.1.

(17) Incest committed against a dependent adult as defined in section 235B.2 in violation of section 726.2.

(18) Incest committed against a minor in violation of section 726.2.

(19) Sexual exploitation of a minor in violation of section 728.12, subsection 2 or 3.

(20) Material involving the sexual exploitation of a minor in violation of 18 U.S.C. § 2252(a), except receipt or possession of child pornography.

(21) Production of sexually explicit depictions of a minor for import into the United States in violation of 18 U.S.C. § 2260.

(22) Transportation of a minor for illegal sexual activity in violation of 18 U.S.C. § 2421.

(23) Coercion and enticement of a minor for illegal sexual activity in violation of 18 U.S.C. § 2422(a) or (b).

(24) Transportation of minors for illegal sexual activity in violation of 18 U.S.C. § 2423(a).

(25) Travel with the intent to engage in illegal sexual conduct with a minor in violation of 18 U.S.C. § 2423.

(26) Engaging in illicit sexual conduct in foreign places in violation of 18 U.S.C. § 2423(c).

(27) Video voyeurism of a minor in violation of 18 U.S.C. § 1801.

(28) Any sex offense specified in the laws of another jurisdiction or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraphs (1) through (27).

(29) Any sex offense under the prior laws of this state or another jurisdiction, or any sex offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to a sex offense listed in subparagraphs (1) through (27).

c. Tier III offenses include a conviction for the following sex offenses:

(1) Murder in violation of section 707.2 or 707.3 if sexual abuse as defined in section 709.1 is committed during the commission of the offense.

(2) Murder in violation of section 707.2 or 707.3, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(3) Voluntary manslaughter in violation of section 707.4, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(4) Involuntary manslaughter in violation of section 707.5, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(5) Attempt to commit murder in violation of section 707.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(6) Penetration of the genitalia or anus with an object in violation of section 708.2, subsection 5.

(7) Sexual abuse in the first degree in violation of section 709.2.

(8) Sexual abuse in the second degree in violation of section 709.3, subsection 1 or 3.

(9) Sexual abuse in the second degree in violation of section 709.3, subsection 2, if committed by a person fourteen years of age or older.

(10) Sexual abuse in the third degree in violation of section 709.4, subsection 1, 3, or 4, if committed by a person fourteen years of age or older.

(11) Sexual abuse in the third degree in violation of section 709.4, subsection 2, paragraph “a” or “b”, if committed by a person fourteen years of age or older.

(12) Lascivious acts with a child in violation of section 709.8, subsection 1 or 2.

(13) Kidnapping in violation of section 710.2 if sexual abuse as defined in section 709.1 is committed during the commission of the offense.

(14) Kidnapping of a minor in violation of section 710.2, 710.3, or 710.4, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(15) Assault with intent to commit sexual abuse resulting in serious or bodily injury in violation of section 709.11.

(16) Burglary in the first degree in violation of section 713.3, subsection 1, paragraph “d”.

(17) Any other burglary in the first degree offense in violation of section 713.3 that is not included in subparagraph (16), if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(18) Attempted burglary in the first degree in violation of section 713.4, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(19) Burglary in the second degree in violation of section 713.5, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(20) Attempted burglary in the second degree in violation of section 713.6, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(21) Burglary in the third degree in violation of section 713.6A, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(22) Attempted burglary in the third degree in violation of section 713.6B, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(23) Criminal transmission of human immunodeficiency virus in violation of section 709C.1, subsection 1, paragraph “a”.

(24) Human trafficking in violation of section 710A.2 if sexual abuse or assault with intent to commit sexual abuse is committed or sexual conduct or sexual contact is an element of the offense.

(25) Purchase or sale of an individual in violation of section 710.11 if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(26) Sexual exploitation of a minor in violation of section 728.12, subsection 1.

(27) Indecent contact with a child in violation of section 709.12 if the child is under thirteen years of age.

(28) Sexual exploitation by a counselor, therapist, or school employee in violation of section 709.15, if the child is under thirteen years of age.

(29) Sexual misconduct with offenders and juveniles in violation of section 709.16, if the child is under thirteen years of age.

(30) Child stealing in violation of section 710.5, if a determination is made that the offense was sexually motivated pursuant to section 692A.126.

(31) Enticing a minor in violation of section 710.10, if the violation includes an intent to commit sexual abuse, sexual exploitation, sexual contact, or sexual conduct directed towards a minor.

(32) Solicitation of commercial sexual activity in violation of section 710A.2A.

(33) Sex trafficking of children in violation of 18 U.S.C. § 1591.

(34) Aggravated sexual abuse in violation of 18 U.S.C. § 2241.

(35) Sexual abuse in violation of 18 U.S.C. § 2242.

(36) Sexual abuse of a minor or ward in violation of 18 U.S.C. § 2243.

(37) Abusive sexual contact in violation of 18 U.S.C. § 2244.

(38) Offenses resulting in death in violation of 18 U.S.C. § 2245.

(39) Sexual exploitation of children in violation of 18 U.S.C. § 2251.

(40) Selling or buying of children in violation of 18 U.S.C. § 2251A.

(41) Any sex offense specified in the laws of another jurisdiction or any sex offense that may be prosecuted in federal, military, or foreign court, that is comparable to an offense listed in subparagraphs (1) through (40).

(42) Any sex offense under the prior laws of this state or another jurisdiction, or any sex offense under prior law that was prosecuted in federal, military, or foreign court, that is comparable to a sex offense listed in subparagraphs (1) through (40).

2. A sex offender classified as a tier I offender shall be reclassified as a tier II offender, if it is determined the offender has one previous conviction for an offense classified as a tier I offense.

3. A sex offender classified as a tier II offender, shall be reclassified as a tier III offender, if it is determined the offender has a previous conviction for a tier II offense or has been reclassified as a tier II offender because of a previous conviction.

4. Notwithstanding the classifications of sex offenses in subsection 1, any sex offense which would qualify a sex offender as a sexually violent predator shall be classified as a tier III offense.

5. An offense classified as a tier II offense if committed against a person under thirteen years of age shall be reclassified as a tier III offense.

6. Convictions of more than one sex offense which require registration under this chapter but which are prosecuted within a single indictment shall be considered as a single offense for purposes of registration.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 2. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, §§ 4 to 7, eff. March 26, 2010; Acts 2010 (83 G.A.) ch. 1043, H.F. 2286, § 2; Acts 2010 (83 G.A.) ch. 1074, H.F. 2392, § 2; Acts 2010 (83 G.A.) ch. 1193, H.F. 2531, § 65; Acts 2011 (84 G.A.) ch. 95, S.F. 236, § 8; Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.103

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.103. Offenders required to register

1. A person who has been convicted of any sex offense classified as a tier I, tier II, or tier III offense, or an offender required to register in another jurisdiction under the other jurisdiction's sex offender registry, shall register as a sex offender as provided in this chapter if the offender resides, is employed, or attends school in this state. A sex offender shall, upon a first or subsequent conviction, register in compliance with the procedures specified in this chapter, for the duration of time specified in this chapter, commencing as follows:

a. From the date of placement on probation.

b. From the date of release on parole or work release.

c. From the date of release from incarceration.

d. Except as otherwise provided in this section, from the date an adjudicated delinquent is released from placement in a juvenile facility ordered by a court pursuant to section 232.52.

e. Except as otherwise provided in this section, from the date an adjudicated delinquent commences attendance as a student at a public or private educational institution, other than an educational institution located on the real property of a juvenile facility if the juvenile has been ordered placed at such facility pursuant to section 232.52.

f. From the date of conviction for a sex offense requiring registration if probation, incarceration, or placement ordered pursuant to section 232.52 in a juvenile facility is not included in the sentencing, order, or decree of the court, except as otherwise provided in this section for juvenile cases.

2. A sex offender is not required to register while incarcerated. However, the running of the period of registration is tolled pursuant to section 692A.107 if a sex offender is incarcerated.

3. A juvenile adjudicated delinquent for an offense that requires registration shall be required to register as required in this chapter unless the juvenile court waives the requirement and finds that the person should not be required to register under this chapter.

4. Notwithstanding subsections 3 and 5, a juvenile fourteen years of age or older at the time the offense was committed shall be required to register if the adjudication was for an offense committed by force or the threat of serious violence, by rendering the victim unconscious, or by involuntary drugging of the victim. At the time of adjudication the judge shall make a determination as to whether the offense was committed by force or the threat of serious violence, by rendering the victim unconscious, or by involuntary drugging of the victim.

5. If a juvenile is required to register pursuant to subsection 3, the juvenile court may, upon motion of the juvenile, and after reasonable notice to the parties and hearing, modify or suspend the registration requirements if good cause is shown.

a. The motion to modify or suspend shall be made and the hearing shall occur prior to the discharge of the juvenile from the jurisdiction of the juvenile court for the sex offense that requires registration.

b. If at the time of the hearing the juvenile is participating in an appropriate outpatient treatment program for juvenile sex offenders, the juvenile court may enter orders temporarily suspending the requirement that the juvenile register and may defer entry of a final order on the matter until such time that the juvenile has completed or been discharged from the outpatient treatment program.

c. Final orders shall then be entered within thirty days from the date of the juvenile's completion or discharge from outpatient treatment.

d. Any order entered pursuant to this subsection that modifies or suspends the requirement to register shall include written findings stating the reason for the modification or suspension, and shall include appropriate restrictions upon the juvenile to protect the public during any period of time the registry requirements are modified or suspended. Upon entry of an order modifying or suspending the requirement to register, the juvenile court shall notify the superintendent or the superintendent's designee where the juvenile is enrolled of the decision.

e. This subsection does not apply to a juvenile fourteen years of age or older at the time the offense was committed if the adjudication was for a sex offense committed by force or the threat of serious violence, by rendering the victim unconscious, or by involuntary drugging of the victim.

6. If a juvenile is required to register and the court later modifies or suspends the order regarding the requirement to register, the court shall notify the department within five days of the decision.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 3.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.104

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.104. Registration process

1. A sex offender shall appear in person to register with the sheriff of each county where the offender has a residence, maintains employment, or is in attendance as a student, within five business days of being required to register under section 692A.103 by providing all relevant information to the sheriff. A sheriff shall accept the registration of any person who is required to register in the county pursuant to the provisions of this chapter.

2. A sex offender shall, within five business days of changing a residence, employment, or attendance as a student, appear in person to notify the sheriff of each county where a change has occurred.

3. A sex offender shall, within five business days of a change in relevant information, other than relevant information enumerated in subsection 2, notify the sheriff of the county where the principal residence of the offender is maintained about the change to the relevant information. The department shall establish by rule what constitutes proper notification under this subsection.

4. A sex offender who is required to verify information pursuant to the provisions of section 692A.108 is only required to appear in person in the county where the principal residence of the offender is maintained to verify such information.

5. A sex offender shall, within five business days of the establishment of a residence, employment, or attendance as a student in another jurisdiction, appear in person to notify the sheriff of the county where the principal residence of the offender is maintained, about the establishment of a residence, employment, or attendance in another jurisdiction. A sex offender shall, within five business days of establishing a new residence, employment, or attendance as a student in another jurisdiction, register with the registering agency of the other jurisdiction, if the offender is required to register under the laws of the other jurisdiction. The department shall notify the registering agency in the other jurisdiction of the sex offender's new residence, employment, or attendance as a student in the other jurisdiction.

6. A sex offender, who has multiple residences in this state, shall appear in person to notify the sheriff of each county where a residence is maintained, of the dates the offender will reside at each residence including the date when the offender will move from one residence to another residence.

7. Except as provided in subsection 8, the initial or subsequent registration and any notifications required in subsections 1, 2, 4, 5, and 6 shall be by appearance at the sheriff's office and completion of the initial or subsequent registration or notification shall be on a printed form, which shall be signed and dated by the sex offender. If the sheriff uses an electronic form to complete the initial registration or notification, the electronic form shall be printed upon completion and signed and dated by the sex offender. The sheriff shall transmit the registration or notification form completed by the sex offender within five business days by paper copy, or electronically, using procedures established by the department by rule.

8. The collection of relevant information by a court or releasing agency under section 692A.109 shall serve as the sex offender's initial or subsequent registration for purposes of this section. However, the sex offender shall register by appearing in person in the county of residence to verify the offender's arrival and relevant information. The court or releasing agency shall forward a copy of the registration to the department within five business days of completion of registration using procedures established by the department by rule.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 4.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.105

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.105. Additional registration requirements--temporary lodging

In addition to the registration provisions specified in section 692A.104, a sex offender, within five business days of a change, shall also appear in person to notify the sheriff of the county of principal residence, of any location in which the offender is staying when away from the principal residence of the offender for more than five days, by identifying the location and the period of time the offender is staying in such location.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 5.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.106

Effective: March 26, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.106. Duration of registration

1. Except as otherwise provided in section 232.54, 692A.103, or 692A.128, or this section, the duration of registration required under this chapter shall be for a period of ten years. The registration period shall begin as provided in section 692A.103.

2. A sex offender who has been sentenced to a special sentence under section 903B.1 or 903B.2, shall be required to register for a period equal to the term of the special sentence, but in no case not less than the period specified in subsection 1.

3. If a sex offender is placed on probation, parole, or work release and the probation, parole, or work release is revoked, the period of registration shall commence anew upon release from custody.

4. A sex offender who is convicted of violating any of the requirements of this chapter shall register for an additional ten years, commencing from the date the offender's registration would have expired under subsection 1 or, in the case of an offender who has been sentenced to a special sentence under section 903B.1 or 903B.2, commencing from the date the offender's registration would have expired under subsection 2.

5. A sex offender shall, upon a second or subsequent conviction that requires a second registration, or upon conviction of an aggravated offense, or who has previously been convicted of one or more offenses that would have required registration under this chapter, register for life.

6. A sexually violent predator shall register for life.

7. If a sex offender ceases to maintain a residence, employment, or attendance as a student in this state, the offender shall no longer be required to register, and the offender shall be placed on inactive status and relevant information shall not be placed on the sex offender registry internet site, after the department verifies that the offender has complied with the registration requirements in another jurisdiction. If the sex offender subsequently reestablishes residence, employment, or attendance as a student in this state, the registration requirement under this chapter shall apply and the department shall remove the offender from inactive status and place any relevant information and any updated relevant information in the possession of the department on the sex offender registry internet site.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 6. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 8, eff. March 26, 2010.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.107

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.107. Tolling of registration period

1. If a sex offender is incarcerated during a period of registration, the running of the period of registration is tolled until the offender is released from incarceration for that crime.

2. If a sex offender violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115, in addition to any criminal penalty prescribed for such violation, the period of registration is tolled until the offender complies with the registration provisions of this chapter.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 7.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.108

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.108. Verification of relevant information

1. A sex offender shall appear in person in the county of principal residence after the offender was initially required to register, to verify residence, employment, and attendance as a student, to allow the sheriff to photograph the offender, and to verify the accuracy of other relevant information during the following time periods after the initial registration:

a. For a sex offender classified as a tier I offender, every year.

b. For a sex offender classified as a tier II offender, every six months.

c. For a sex offender classified as a tier III offender, every three months.

2. A sheriff may require a sex offender to appear in person more frequently than provided in subsection 1 to verify relevant information if good cause is shown. The circumstances under which more frequent appearances are required shall be reasonable, documented by the sheriff, and provided to the offender and the department in writing. Any modification to such requirement shall also be provided to the sex offender and the department in writing.

3. a. At least thirty days prior to an appearance for the verification of relevant information as required by this section, the department shall mail notification of the required appearance to each reported residence of the sex offender. The department shall not be required to mail notification to any sex offender if the residence described or listed in the sex offender's relevant information is insufficient for the delivery of mail.

b. The notice shall state that the sex offender shall appear in person in the county of principal residence on or before a date specified in the notice to verify and update relevant information. The notice shall not be forwarded to another address and shall be returned to the department if the sex offender no longer resides at the address.

4. A photograph of the sex offender shall be updated, at a minimum, annually. The sheriff shall send the updated photograph to the department using procedures established by the department by rule within five business days of the photograph being taken and the department shall post the updated photograph on the sex offender registry's internet site. The sheriff may require the sex offender to submit to being photographed, fingerprinted, or palm printed, more than once per year during any required appearance to verify relevant information.

5. The sheriff may make a reasonable modification to the date requiring a sex offender to make an appearance based on exigent circumstances including man-made or natural disasters. The sheriff shall notify the department of any modification using procedures established by the department by rule.

6. A waiver of the next immediate in-person verification pursuant to this section may be granted at the discretion of the sheriff, if the sex offender appears in person at the sheriff's office because of changes to relevant information pursuant to section 692A.104 or 692A.105, and if the in-person verification pursuant to this section is within thirty days of such in-person appearance. If a waiver is granted, the sheriff shall notify the department of granting the waiver.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 8.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.109

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.109. Duty to facilitate registration

1. When a sex offender is released from incarceration from a jail, prison, juvenile facility, or other correctional institution or facility, or when the offender is convicted but not incarcerated, the sheriff, warden, or superintendent of a facility or, in the case of release from foster care or residential treatment or conviction without incarceration, the court shall do the following prior to release or sentencing of the convicted offender:

a. Obtain all relevant information from the sex offender. Additional information for a sex offender required to register as a sexually violent predator shall include but not be limited to other identifying factors, anticipated future places of residence, offense history, and documentation of any treatment received by the person for a mental abnormality or personality disorder.

b. Inform the sex offender of the duty to register under this chapter and SORNA and ensure registration forms are completed and signed.

c. Inform the sex offender that, within five business days of changing a residence, employment, or attendance as a student, an appearance is required before the sheriff in the county where the change occurred.

d. Inform the sex offender that, within five business days of a change in relevant information other than a change of residence, employment, or attendance as a student, the sex offender shall notify, in a manner prescribed by rule, the sheriff of the county of principal residence of the change.

e. Inform the sex offender that if the offender establishes residence in another jurisdiction, or becomes employed, or becomes a student in another jurisdiction, the offender must report the offender's new residence, employment, or attendance as a student, to the sheriff's office in the county of the offender's principal residence within five business days, and that, if the other jurisdiction has a registration requirement, the offender shall also be required to register in such jurisdiction.

f. Require the sex offender to read and sign a form stating that the duty of the offender to register under this chapter has been explained and the offender understands the registration requirement. If the sex offender cannot read, is unable to write, or refuses to cooperate, the duty and the form shall be explained orally and a written record shall be maintained by the sheriff, warden, superintendent of a facility, or court explaining the duty and the form.

g. Inform the sex offender who was convicted of a sex offense against a minor of the prohibitions established under section 692A.113 by providing the offender with a written copy of section 692A.113 and relevant definitions of section 692A.101.

h. Inform the sex offender who was convicted of an aggravated offense against a minor of the prohibitions established under section 692A.114 by providing the offender with a written copy of section 692A.114 and relevant definitions of section 692A.101.

i. Inform the sex offender that the offender must submit to being photographed by the sheriff of any county in which the offender is required to register upon initial registration and during any appearance to verify relevant information required under this chapter.

j. Inform the sex offender that any violation of this chapter may result in state or federal prosecution.

2. a. When a sex offender is released from incarceration from a jail, prison, juvenile facility, or other correctional institution or facility, or when the offender is convicted but not incarcerated, the sheriff, warden, superintendent of a facility, or court shall verify that the person has completed initial or subsequent registration forms, and accept the forms on behalf of the sheriff of the county of registration. The sheriff, warden, superintendent of a facility, or the court shall send the initial or subsequent registration information to the department within five business days of completion of the registration. Probation, parole, work release, or any other form of release after conviction shall not be granted unless the offender has registered as required under this chapter.

b. If the sex offender refuses to register, the sheriff, warden, superintendent of a facility, or court shall notify within five business days the county attorney in the county in which the offender was convicted or, if the offender no longer resides in that county, in the county in which the offender resides of the refusal to register. The county attorney shall bring a contempt of court action against the sex offender in the county in which the offender was convicted or, if the offender no longer resides in that county, in the county in which the offender resides. A sex offender who refuses to register shall be held in contempt and may be incarcerated pursuant to the provisions of chapter 665 following the entry of judgment by the court on the contempt action until the offender complies with the registration requirements.

3. The sheriff, warden, or superintendent of a facility, or if the sex offender is placed on probation, the court shall forward one copy of the registration information to the department and to the sheriff of the county in which the principal residence is established within five business days after completion of the registration.

4. The court may order an appropriate law enforcement agency or the county attorney to assist the court in performing the requirements of subsection 1 or 2.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 9.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.110

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.110. Registration fees and civil penalty for offenders

1. A sex offender shall pay an annual fee in the amount of twenty-five dollars to the sheriff of the county of principal residence, beginning with the first required in-person appearance at the sheriff's office after July 1, 2009. If the sex offender has more than one principal residence in this state, the offender shall pay the annual fee in the county where the offender is first required to appear in person after July 1, 2009. The sheriff shall accept the registration. If, at the time of registration, the sex offender is unable to pay the fee, the sheriff may allow the offender time to pay the fee, permit the payment of the fee in installments, or may waive payment of the fee. Fees paid to the sheriff shall be used to defray the costs of duties related to the registration of sex offenders under this chapter.

2. In addition to any other penalty, at the time of conviction for a public offense committed on or after July 1, 1995, which requires a sex offender to register under this chapter, the offender shall be assessed a civil penalty of two hundred dollars, to be payable to the clerk of the district court as provided in section 602.8105 and distributed as provided in section 602.8108. With respect to a conviction for a public offense committed on or after July 1, 2009, which requires a sex offender to register under this chapter, the offender shall be assessed a civil penalty of two hundred fifty dollars, payable to the clerk of the district court as provided in section 602.8105 and distributed as provided in section 602.8108.

3. The fee and penalty required by this section shall not be assessed against a person who has been acquitted by reason of insanity of the offense which requires registration under this chapter.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 10.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.111

Effective: March 26, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.111. Failure to comply--penalty

1. A sex offender who violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. However, a sex offender convicted of an aggravated offense against a minor, a sex offense against a minor, or a sexually violent offense committed while in violation of any of the requirements specified in section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 is guilty of a class “C” felony, in addition to any other penalty provided by law. Any fine imposed for a second or subsequent violation shall not be suspended. Notwithstanding section 907.3, the court shall not defer judgment or sentence for any violation of any requirements specified in this chapter. For purposes of this subsection, a violation occurs when a sex offender knows or reasonably should know of the duty to fulfill a requirement specified in this chapter as referenced in the offense charged.

2. Violations in any other jurisdiction under sex offender registry provisions that are substantially similar to those contained in this section shall be counted as previous offenses. The court shall judicially notice the statutes of other states which are substantially similar to this section.

3. Any violation of this chapter prior to July 1, 2009, shall be considered a previous offense for purposes of enhancing any penalty or period of registration under this chapter.

4. A sex offender who violates any provision of this chapter may be prosecuted in any county where registration is required by the provisions of this chapter.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 11. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 9, eff. March 26, 2010.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.112

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.112. Knowingly providing false information

A sex offender shall not knowingly provide false information upon registration, change of relevant information, or during an appearance to verify relevant information.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 12.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.113

Effective: July 1, 2011

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.113. Exclusion zones and prohibition of certain employment-related activities

1. A sex offender who has been convicted of a sex offense against a minor or a person required to register as a sex offender in another jurisdiction for an offense involving a minor shall not do any of the following:

a. Be present upon the real property of a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator's designee, unless enrolled as a student at the school.

b. Loiter within three hundred feet of the real property boundary of a public or nonpublic elementary or secondary school, unless enrolled as a student at the school.

c. Be present on or in any vehicle or other conveyance owned, leased, or contracted by a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator's designee when the vehicle is in use to transport students to or from a school or school-related activities, unless enrolled as a student at the school or unless the vehicle is simultaneously made available to the public as a form of public transportation.

d. Be present upon the real property of a child care facility without the written permission of the child care facility administrator.

e. Loiter within three hundred feet of the real property boundary of a child care facility.

f. Be present upon the real property of a public library without the written permission of the library administrator.

g. Loiter within three hundred feet of the real property boundary of a public library.

h. Loiter on or within three hundred feet of the premises of any place intended primarily for the use of minors including but not limited to a playground available to the public, a children's play area available to the public, a recreational or sport-related activity area when in use by a minor, a swimming or wading pool available to the public when in use by a minor, or a beach available to the public when in use by a minor.

2. A sex offender who has been convicted of a sex offense against a minor:

a. Who resides in a dwelling located within three hundred feet of the real property boundary of public or nonpublic elementary or secondary school, child care facility, public library, or place intended primarily for the use of minors as specified in subsection 1, paragraph “h”, shall not be in violation of subsection 1 for having an established residence within the exclusion zone.

b. Who is the parent or legal guardian of a minor shall not be in violation of subsection 1 solely during the period of time reasonably necessary to transport the offender's own minor child or ward to or from a place specified in subsection 1.

c. Who is legally entitled to vote shall not be in violation of subsection 1 solely for the period of time reasonably necessary to exercise the right to vote in a public election if the polling location of the offender is located in a place specified in subsection 1.

3. A sex offender who has been convicted of a sex offense against a minor shall not do any of the following:

a. Operate, manage, be employed by, or act as a contractor or volunteer at any municipal, county, or state fair or carnival when a minor is present on the premises.

b. Operate, manage, be employed by, or act as a contractor or volunteer on the premises of any children's arcade, an amusement center having coin or token operated devices for entertainment, or facilities providing programs or services intended primarily for minors, when a minor is present.

c. Operate, manage, be employed by, or act as a contractor or volunteer at a public or nonpublic elementary or secondary school, child care facility, or public library.

d. Operate, manage, be employed by, or act as a contractor or volunteer at any place intended primarily for use by minors including but not limited to a playground, a children's play area, recreational or sport-related activity area, a swimming or wading pool, or a beach.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 13. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 10, eff. March 26, 2010; Acts 2011 (84 G.A.) ch. 34, S.F. 475, § 144.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.114

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.114. Residency restrictions--presence--child care facilities and schools

1. As used in this section:

a. “Minor” means a person who is under eighteen years of age or who is enrolled in a secondary school.

b. “School” means a public or nonpublic elementary or secondary school.

c. “Sex offender” means a person required to be registered under this chapter who has been convicted of an aggravated offense against a minor.

2. A sex offender shall not reside within two thousand feet of the real property comprising a school or a child care facility.

3. A sex offender residing within two thousand feet of the real property comprising a school or a child care facility does not commit a violation of this section if any of the following apply:

a. The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

b. The sex offender is subject to an order of commitment under chapter 229A.

c. The sex offender has established a residence prior to July 1, 2002.

d. The sex offender has established a residence prior to any newly located school or child care facility being established.

e. The sex offender is a minor.

f. The sex offender is a ward in a guardianship, and a district judge or associate probate judge grants an exemption from the residency restriction.

g. The sex offender is a patient or resident at a health care facility as defined in section 135C.1 or a patient in a hospice program, and a district judge or associate probate judge grants an exemption from the residency restriction.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 14.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.115

Effective: July 1, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.115. Employment where dependent adults reside

1. Unless authorized as provided in subsection 2, a sex offender shall not be an employee of a facility providing services for dependent adults or at events where dependent adults participate in programming and shall not loiter on the premises or grounds of a facility or at an event providing such services or programming.

2. An adult sex offender who is a patient or resident of a health care facility as defined in section 135C.1, a participant in a medical assistance program home and community-based services waiver program, or a participant in a medical assistance state plan employment services as part of the participant's habilitation plan shall not be considered to be in violation of subsection 1.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 15. Amended by Acts 2010 (83 G.A.) ch. 1192, H.F. 2526, § 83.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.116

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.116. Determination of requirement to register

1. An offender may request that the department determine whether the offense for which the offender has been convicted requires the offender to register under this chapter or whether the period of time during which the offender is required to register under this chapter has expired.

2. Application for determination shall be filed with the department and shall be made on forms provided by the department and accompanied by copies of sentencing or adjudicatory orders with respect to each offense for which the offender asks that a determination be made.

3. The department, after filing of the request and after all documentation or information requested by the department is received, shall have ninety days from the filing of the request, to determine whether the offender is required to register under this chapter.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 16.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.117

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.117. Registration forms and electronic registration system

1. Registration forms and an electronic registration system shall be made available by the department.

2. Copies of blank forms shall be available upon request to any registering agency.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 17.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.118

Effective: July 1, 2012

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.118. Department duties--registry

The department shall perform all of the following duties:

1. Develop an electronic system and standard forms for use in the registration of, verifying addresses of, and verifying understanding of registration requirements by sex offenders. Forms used to verify addresses of sex offenders shall contain a warning against forwarding a form to another address and of the requirement to return the form if the offender to whom the form is directed no longer resides at the address listed on the form or the mailing.

2. Maintain a central registry of information collected from sex offenders, which shall be known as the sex offender registry.

3. In consultation with the attorney general, adopt rules under chapter 17A which list specific offenses under present and former law which constitute sex offenses or sex offenses against a minor under this chapter.

4. Adopt rules under chapter 17A, as necessary, to ensure compliance with registration and verification requirements of this chapter, to provide guidelines for persons required to assist in obtaining registry information, and to provide a procedure for the dissemination of information contained in the registry. The procedure for the dissemination of information shall include but not be limited to practical guidelines for use by criminal or juvenile justice agencies in determining when public release of relevant information contained in the registry is appropriate and a requirement that if a member of the general public requests information regarding a specific individual in the manner provided in section 692A.121, the relevant information shall be released. The department, in developing the procedure, shall consult with associations which represent the interests of law enforcement officers. Rules adopted shall also include a procedure for removal of information from the registry upon the reversal or setting aside of a conviction of an offender.

5. Submit sex offender registry data to the federal bureau of investigation for entry of the data into the national sex offender registry.

6. Perform the requirements under this chapter and under federal law in cooperation with the office of sex offender sentencing, monitoring, apprehending, registering, and tracking of the office of justice programs of the United States department of justice.

7. Enter and maintain fingerprints and palm prints of sex offenders in an automated fingerprint identification system maintained by the department and made accessible to law enforcement agencies in this state, of the federal government, or in another jurisdiction. The department or any law enforcement agency may use such prints for criminal investigative purposes, to include comparison against finger and palm prints identified or recovered as evidence in a criminal investigation.

8. Notify a jurisdiction that provided information that a sex offender has or intends to maintain a residence, employment, or attendance as a student, in this state, of the failure of the sex offender to register as required under this chapter.

9. Submit a DNA sample to the combined DNA index system, if a sample has not been submitted.

10. Submit the social security number to the national crime information center, if the number has not been submitted.

11. When the department has a reasonable basis to believe that a sex offender has changed residence to an unknown location, has become a fugitive from justice, or has otherwise taken flight, make a reasonable effort to ascertain the whereabouts of the offender, and if such effort fails to identify the location of the offender, an appropriate notice shall be made on the sex offender registry internet site of this state and shall be transmitted to the national sex offender registry. The department shall notify other law enforcement agencies as deemed appropriate.

12. Notify appropriate law enforcement agencies including the United States marshal service to investigate and verify possible violations. The department shall ensure any warrants for arrest are entered into the Iowa online warrant and articles system and the national crime information center and pursue prosecution of stated violations through state or federal court.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 18. Amended by Acts 2011 (84 G.A.) ch. 25, S.F. 474, § 78; Acts 2012 (84 G.A.) ch. 1021, S.F. 2285, § 111.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.119

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.119. Sex offender registry fund

A sex offender registry fund is established as a separate fund within the state treasury under the control of the department. The fund shall consist of moneys received as a result of the imposition of the penalty imposed under section 692A.110 and other funds allocated for purposes of establishing and maintaining the sex offender registry, conducting research and analysis related to sex crimes and offenders, and to perform other duties required under this chapter. Notwithstanding section 8.33, unencumbered or unobligated moneys and any interest remaining in the fund on June 30 of any fiscal year shall not revert to the general fund of the state, but shall remain available for expenditure in subsequent fiscal years.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 19.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.120

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.120. Duties of the sheriff

The sheriff of each county shall comply with the requirements of this chapter and rules adopted by the department pursuant to this chapter. The sheriff of each county shall provide information and notices as provided in section 282.9.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 20.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.121

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.121. Availability of records

1. The department shall maintain an internet site for the public and others to access relevant information about sex offenders. The internet site, at a minimum, shall be searchable by name, county, city, zip code, and geographic radius.

2. The department shall provide updated or corrected relevant information within five business days of the information being updated or corrected, from the sex offender registry to the following:

a. A criminal or juvenile justice agency, an agency of the state, a sex offender registry of another jurisdiction, or the federal government.

b. The general public through the sex offender registry internet site.

(1) The following relevant information about a sex offender shall be disclosed on the internet site:

(a) The date of birth.

(b) The name, nickname, aliases, including ethnic or tribal names.

(c) Photographs.

(d) The physical description, including scars, marks, or tattoos.

(e) The residence.

(f) The statutory citation and text of the offense committed that requires registration under this chapter.

(g) A specific reference indicating whether a particular sex offender is subject to residency restrictions pursuant to section 692A.114.

(h) A specific reference indicating whether a particular sex offender is subject to exclusion zone restrictions pursuant to section 692A.113.

(2) The following relevant information shall not be disclosed on the internet site:

(a) The relevant information about a sex offender who was under twenty years of age at the time the offender committed a violation of section 709.4, subsection 2, paragraph “c”, subparagraph (4).

(b) The employer name, address, or location where a sex offender acts as an employee in any form of employment.

(c) The address and name of any school where a student required to be on the registry attends.

(d) The real name of a sex offender protected under 18 U.S.C. § 3521.

(e) The statutory citation and text of the offense committed for an incest conviction in violation of section 726.2, however, the citation and text of an incest conviction shall be disclosed on the internet site as a conviction of section 709.4 or 709.8.

(f) Any other relevant information not described in subparagraph (1).

c. The general public through any other means, at the discretion of the department, any relevant information that is available on the internet site.

3. A criminal or juvenile justice agency may provide relevant information from the sex offender registry to the following:

a. A criminal or juvenile justice agency, an agency of the state, or a sex offender registry of another jurisdiction, or the federal government.

b. The general public, any information available to the general public in subsection 2, including public and private agencies, organizations, public places, child care facilities, religious and youth organizations, neighbors, neighborhood associations, community meetings, and employers. The relevant information available to the general public may be distributed to the public through printed materials, visual or audio press releases, radio communications, or through a criminal or juvenile justice agency's internet site.

4. When a sex offender moves into a school district or moves within a school district, the county sheriff of the county of the offender's new residence shall provide relevant information that is available to the general public in subsection 2 to the administrative office of the school district in which the person required to register resides, and shall also provide relevant information to any nonpublic school near the offender's residence.

5. a. A member of the public may contact a county sheriff's office to request relevant information from the registry regarding a specific sex offender. A person making a request for relevant information may make the request by telephone, in writing, or in person, and the request shall include the name of the person and at least one of the following identifiers pertaining to the sex offender about whom the information is sought:

(1) The date of birth of the person.

(2) The social security number of the person.

(3) The address of the person.

(4) Internet identifiers.

(5) Telephone numbers, including any landline or wireless numbers.

b. The relevant information made available to the general public pursuant to this subsection shall include all the relevant information provided to the general public on the internet site pursuant to subsection 2, and the following additional relevant information:

(1) Educational institutions attended as a student, including the name and address of such institution.

(2) Employment information including the name and address of employer.

(3) Temporary lodging information, including the dates when residing at the temporary lodging.

(4) Vehicle information.

c. A county sheriff or police department shall not charge a fee relating to a request for relevant information.

6. A county sheriff shall also provide to a person upon request access to a list of all registrants in that county.

7. The following relevant information shall not be provided to the general public:

a. The identity of the victim.

b. Arrests not resulting in a conviction.

c. Passport and immigration documents.

d. A government issued driver's license or identification card.

e. DNA information.

f. Fingerprints.

g. Palm prints.

h. Professional licensing information.

i. Social security number.

j. Real name protected under 18 U.S.C. § 3521.

8. Notwithstanding sections 232.147 through 232.151, records concerning convictions which are committed by a minor may be released in the same manner as records of convictions of adults.

9. A person may contact the department or a county sheriff's office to verify if a particular internet identifier or telephone number is one that has been included in a registration by a sex offender.

10. The department shall include links to sex offender safety information, educational resources pertaining to the prevention of sexual assaults, and the national sex offender registry.

11. The department shall include on the sex offender registry internet site instructions and any applicable forms necessary for a person seeking correction of information that the person contends is erroneous.

12. When the department receives and approves registration data, such data shall be made available on the sex offender registry internet site within five business days.

13. The department shall maintain an automated electronic mail notification system, which shall be available by free subscription to any person, to provide notice of addition, deletion, or changes to any sex offender registration, relevant information within a postal zip code or, if selected by a subscriber, a geographic radius or, if selected by a subscriber, specific to a sex offender.

14. Sex offender registry records are confidential records not subject to examination and copying by a member of the public and shall only be released as provided in this section.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 21.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.122

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.122. Cooperation with registration

An agency of state and local government that possesses information relevant to requirements that an offender register under this chapter shall provide that information to the court or the department upon request. All confidential records provided under this section shall remain confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 22.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.123

Effective: March 26, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.123. Immunity for good faith conduct

Criminal or juvenile justice agencies, state agencies, schools as defined in section 692A.114, public libraries, and child care facilities, and their employees shall be immune from liability for acts or omissions arising from a good faith effort to comply with this chapter.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 23. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 11, eff. March 26, 2010.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.124

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.124. Electronic monitoring

1. A sex offender who is placed on probation, parole, work release, special sentence, or any other type of conditional release, may be supervised by an electronic tracking and monitoring system in addition to any other conditions of supervision.

2. The determination to use electronic tracking and monitoring to supervise a sex offender shall be based upon a validated risk assessment approved by the department of corrections, and also upon the sex offender's criminal history, progress in treatment and supervision, and other relevant factors.

3. If a sex offender is under the jurisdiction of the juvenile court, the determination to use electronic tracking and monitoring to supervise the sex offender shall be based upon a risk assessment performed by a juvenile court officer.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 24.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.125

Effective: March 26, 2010

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.125. Applicability of chapter and retroactivity

1. The registration requirements of this chapter shall apply to sex offenders convicted on or after July 1, 2009, of a sex offense classified under section 692A.102.

2. The registration requirements of this chapter shall apply to a sex offender convicted of a sex offense or a comparable offense under prior law prior to July 1, 2009, under the following circumstances:

a. Any sex offender including a juvenile offender who is required to be on the sex offender registry as of June 30, 2009.

b. Any sex offender who is incarcerated on or after July 1, 2009, for conviction of a sex offense committed prior to July 1, 2009.

c. Any sex offender who is serving a special sentence pursuant to section 903B.1 or 903B.2 prior to July 1, 2009, or any other person who is sentenced for a criminal offense prior to July 1, 2009, that requires serving a special sentence.

3. For an offense requiring registration due to sexual motivation, the registration requirements of section 692A.126 shall apply to a person convicted of an offense if the department makes the determination that the offense was sexually motivated as provided in section 692A.126, subsection 2.

4. For a sex offender required to register pursuant to subsection 1 or 2, each conviction or adjudication for a sex offense requiring registration, regardless of whether such conviction or adjudication occurred prior to, on, or after July 1, 2009, shall be included in determining the tier requirements pursuant to this chapter.

5. An offender on the sex offender registry as of June 30, 2009, and who is required to be on the registry on or after July 1, 2009, shall be credited for any time on the registry prior to July 1, 2009.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 25. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, §§ 12, 13, eff. March 26, 2010.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.126

Effective: July 1, 2011

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.126. Sexually motivated offense--determination

1. If a judge or jury makes a determination, beyond a reasonable doubt, that any of the following offenses for which a conviction has been entered on or after July 1, 2009, are sexually motivated, the person shall be required to register as provided in this chapter:

a. Murder in the first degree in violation of section 707.2.

b. Murder in the second degree in violation of section 707.3.

c. Voluntary manslaughter in violation of section 707.4.

d. Involuntary manslaughter in violation of section 707.5.

e. Attempt to commit murder in violation of section 707.11.

f. Harassment in violation of section 708.7, subsection 1, 2, or 3.

g. Stalking in violation of section 708.11.

h. Any other indictable offense in violation of chapter 708 if the offense was committed against a minor or otherwise involves a minor.

i. Kidnapping in the first degree in violation of section 710.2.

j. Kidnapping in the second degree in violation of section 710.3.

k. Kidnapping in the third degree in violation of section 710.4.

l. Child stealing in violation of section 710.5.

m. Purchase or sale or attempted purchase or sale of an individual in violation of section 710.11.

n. Burglary in the first degree in violation of section 713.3, subsection 1, paragraph “a”, “b”, or “c”.

o. Attempted burglary in the first degree in violation of section 713.4.

p. Burglary in the second degree in violation of section 713.5.

q. Attempted burglary in the second degree in violation of section 713.6.

r. Burglary in the third degree in violation of section 713.6A.

s. Attempted burglary in the third degree in violation of section 713.6B.

t. Pimping in violation of section 725.2 if the offense was committed against a minor or otherwise involves a minor.

u. Pandering in violation of section 725.3, subsection 2.

v. Any indictable offense in violation of chapter 726 if the offense was committed against a minor or otherwise involves a minor.

2. a. The following persons shall be required to register as provided in this chapter if the department makes a determination that the offense was sexually motivated:

(1) A person convicted of an offense in this state specified under subsection 1 prior to July 1, 2009.

(2) A person convicted of an offense in another jurisdiction, or convicted of an offense that was prosecuted in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1.

(3) A juvenile convicted of an offense in another jurisdiction, or convicted of an offense as a juvenile in a similar juvenile court proceeding in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1.

b. A determination made pursuant to this subsection shall be issued in writing and shall include a summary of the information and evidence considered in making the determination that the offense was sexually motivated.

c. The determination made by the department shall be subject to judicial review in accordance with chapter 17A.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 26. Amended by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 14, eff. March 26, 2010; Acts 2011 (84 G.A.) ch. 95, S.F. 236, § 9.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.127

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.127. Limitations on political subdivisions

A political subdivision of the state shall not adopt any motion, resolution, or ordinance regulating the residency location of a sex offender or any motion, resolution, or ordinance regulating the exclusion of a sex offender from certain real property. A motion, resolution, or ordinance adopted by a political subdivision of the state in violation of this section is void and unenforceable and any enforcement activity conducted in violation of this section is void.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 27.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.128

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.128. Modification

1. A sex offender who is on probation, parole, work release, special sentence, or any other type of conditional release may file an application in district court seeking to modify the registration requirements under this chapter.

2. An application shall not be granted unless all of the following apply:

a. The date of the commencement of the requirement to register occurred at least two years prior to the filing of the application for a tier I offender and five years prior to the filing of the application for a tier II or III offender.

b. The sex offender has successfully completed all sex offender treatment programs that have been required.

c. A risk assessment has been completed and the sex offender was classified as a low risk to reoffend. The risk assessment used to assess an offender as a low risk to reoffend shall be a validated risk assessment approved by the department of corrections.

d. The sex offender is not incarcerated when the application is filed.

e. The director of the judicial district department of correctional services supervising the sex offender, or the director's designee, stipulates to the modification, and a certified copy of the stipulation is attached to the application.

3. The application shall be filed in the sex offender's county of principal residence.

4. Notice of any application shall be provided to the county attorney of the county of the sex offender's principal residence, the county attorney of any county in this state where a conviction requiring the sex offender's registration occurred, and the department. The county attorney where the conviction occurred shall notify the victim of an application if the victim's address is known.

5. The court may, but is not required to, conduct a hearing on the application to hear any evidence deemed appropriate by the court. The court may modify the registration requirements under this chapter.

6. A sex offender may be granted a modification if the offender is required to be on the sex offender registry as a result of an adjudication for a sex offense, the offender is not under the supervision of the juvenile court or a judicial district judicial department of correctional services, and the department of corrections agrees to perform a risk assessment on the sex offender. However, all other provisions of this section not in conflict with this subsection shall apply to the application prior to an application being granted except that the sex offender is not required to obtain a stipulation from the director of a judicial district department of correctional services, or the director's designee.

7. If the court modifies the registration requirements under this chapter, the court shall send a copy of the order to the department, the sheriff of the county of the sex offender's principal residence, any county attorney notified in subsection 4, and the victim, if the victim's address is known.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 28.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.129

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.129. Probation and parole officers

A probation or parole officer supervising a sex offender is not precluded from imposing more restrictive exclusion zone requirements, employment prohibitions, and residency restrictions than under sections 692A.113 and 692A.114.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 29.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692A.130

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692A. Sex Offender Registry (Refs & Annos)

692A.130. Rules

The department shall adopt rules pursuant to chapter 17A to administer this chapter.

CREDIT(S)

Added by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 30.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 692B, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 692B. National Crime Prevention and Privacy Compact

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692B.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692B. National Crime Prevention and Privacy Compact (Refs & Annos)

692B.1. Citation

This chapter may be cited as the “National Crime Prevention and Privacy Compact Act”.

CREDIT(S)

Added by Acts 2000 (78 G.A.) ch. 1065, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692B.2

Effective: July 1, 2009

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692B. National Crime Prevention and Privacy Compact (Refs & Annos)

692B.2. Crime prevention and privacy compact

The national crime prevention and privacy compact is enacted into law and entered into by this state with any other state or jurisdiction legally joining the compact in the form substantially as follows:

1. Article I--Definitions. As used in this compact, unless the context clearly requires otherwise:

a. Attorney general. The term “attorney general” means the attorney general of the United States.

b. Compact officer. The term “compact officer” means

(1) with respect to the federal government, an official so designated by the director of the FBI; and

(2) with respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

c. Council. The term “council” means the compact council established under article VI.

d. Criminal history records. The term “criminal history records”

(1) means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and

(2) does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.

e. Criminal history record repository. The term “criminal history record repository” means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized record-keeping functions for criminal history records and services in the state.

f. Criminal justice. The term “criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

g. Criminal justice agency. The term “criminal justice agency”

(1) means

(a) courts; and

(b) a governmental agency or any subunit thereof that

(i) performs the administration of criminal justice pursuant to a statute or executive order; and

(ii) allocates a substantial part of its annual budget to the administration of criminal justice; and

(2) includes federal and state inspectors general offices.

h. Criminal justice services. The term “criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

i. Criterion offense. The term “criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.

j. Direct access. The term “direct access” means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

k. Executive order. The term “executive order” means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.

l. FBI. The term “FBI” means the federal bureau of investigation.

m. Interstate identification index system. The term “interstate identification index system” or “III system”

(1) means the cooperative federal-state system for the exchange of criminal history records; and

(2) includes the national identification index, the national fingerprint file and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI.

n. National fingerprint file. The term “national fingerprint file” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III system.

o. National identification index. The term “national identification index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III system.

p. National indices. The term “national indices” means the national identification index and the national fingerprint file.

q. Nonparty state. The term “nonparty state” means a state that has not ratified this compact.

r. Noncriminal justice purposes. The term “noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

s. Party state. The term “party state” means a state that has ratified this compact.

t. Positive identification. The term “positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III system. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.

u. Sealed record information. The term “sealed record information” means

(1) with respect to adults, that portion of a record that is

(a) not available for criminal justice uses;

(b) not supported by fingerprints or other accepted means of positive identification; or

(c) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

(2) with respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

v. State. The term “state” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

2. Article II--Purposes. The purposes of this compact are to

a. provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;

b. require the FBI to permit use of the national identification index and the national fingerprint file by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under article VI;

c. require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under article VI;

d. provide for the establishment of a council to monitor III system operations and to prescribe system rules and procedures for the effective and proper operation of the III system for noncriminal justice purposes; and

e. require the FBI and each party state to adhere to III system standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

3. Article III--Responsibilities of compact parties.

a. FBI responsibilities. The director of the FBI shall

(1) appoint an FBI compact officer who shall

(a) administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to article V, paragraph “c”;

(b) ensure that compact provisions and rules, procedures, and standards prescribed by the council under article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in subparagraph division (a); and

(c) regulate the use of records received by means of the III system from party states when such records are supplied by the FBI directly to other federal agencies;

(2) provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in article IV, including

(a) information from nonparty states; and

(b) information from party states that is available from the FBI through the III system, but is not available from the party state through the III system;

(3) provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

(4) modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in article V.

b. State responsibilities. Each party state shall

(1) appoint a compact officer who shall

(a) administer this compact within that state;

(b) ensure that compact provisions and rules, procedures, and standards established by the council under article VI are complied with in the state; and

(c) regulate the in-state use of records received by means of the III system from the FBI or from other party states;

(2) establish and maintain a criminal history record repository, which shall provide

(a) information and records for the national identification index and the national fingerprint file; and

(b) the state's III system-indexed criminal history records for noncriminal justice purposes described in Article IV;

(3) participate in the national fingerprint file; and

(4) provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact.

c. Compliance with III system standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III system rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III system operation.

d. Maintenance of record services.

(1) Use of the III system for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact [FN1].

4. Article IV--Authorized record disclosures.

a. State criminal history record repositories. To the extent authorized by 5 U.S.C. § 552a, commonly known as the Privacy Act of 1974, the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks.

b. Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by 5 U.S.C. § 552a, commonly known as the Privacy Act of 1974, and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks.

c. Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact and with rules, procedures, and standards established by the council under article VI, which procedures shall protect the accuracy and privacy of the records, and shall

(1) ensure that records obtained under this compact are used only by authorized officials for authorized purposes;

(2) require that subsequent record checks are requested to obtain current information whenever a new need arises; and

(3) ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.

5. Article V--Record request procedures.

a. Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.

b. Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.

c. Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.

d. Fees. A state criminal history record repository or the FBI

(1) may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

(2) may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

e. Additional search.

(1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.

(2) If, with respect to a request forwarded by a state criminal history record repository under subparagraph (1), the FBI positively identifies the subject as having a III system indexed record or records

(a) the FBI shall so advise the state criminal history record repository; and

(b) the state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.

6. Article VI--Establishment of compact council.

a. Establishment.

(1) In general. There is established a council to be known as the compact council, which shall have the authority to promulgate rules and procedures governing the use of the III system for noncriminal justice purposes, not to conflict with FBI administration of the III system for criminal justice purposes.

(2) Organization. The council shall

(a) continue in existence as long as this compact remains in effect;

(b) be located, for administrative purposes, within the FBI; and

(c) be organized and hold its first meeting as soon as practicable after the effective date of this compact [FN1].

b. Membership. The council shall be composed of fifteen members, each of whom shall be appointed by the attorney general, as follows:

(1) Nine members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis.

(2) Two at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom

(a) One shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and

(b) One shall be a representative of the noncriminal justice agencies of the federal government.

(3) Two at-large members, nominated by the chairperson of the council, once the chairperson is elected pursuant to paragraph “c”, each of whom shall serve a three-year term, of whom

(a) One shall be a representative of state or local criminal justice agencies; and

(b) One shall be a representative of state or local noncriminal justice agencies.

(4) One member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board.

(5) One member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.

c. Chairperson and vice chairperson.

(1) In general. From its membership, the council shall elect a chairperson and a vice chairperson of the council, respectively. Both the chairperson and vice chairperson of the council

(a) shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairperson may be an at-large member; and

(b) shall serve a two-year term and may be reelected to only one additional two-year term.

(2) Duties of vice chairperson. The vice chairperson of the council shall serve as the chairperson of the council in the absence of the chairperson.

d. Meetings.

(1) In general. The council shall meet at least once each year at the call of the chairperson. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the federal register of each meeting of the council, including the matters to be addressed at such meeting.

(2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

e. Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the federal register, any rules, procedures, or standards established by the council.

f. Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.

g. Committees. The chairperson may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.

7. Article VII--Ratification of compact. This compact shall take effect upon being entered into by two or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.

8. Article VIII--Miscellaneous provisions.

a. Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act, 5 U.S.C. App., for all purposes other than noncriminal justice.

b. No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.

c. Relating to Pub. L. No. 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, Pub. L. No. 92-544, or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under article VI, paragraph “a”, regarding the use and dissemination of criminal history records and information.

9. Article IX--Renunciation.

a. In general. This compact shall bind each party state until renounced by the party state.

b. Effect. Any renunciation of this compact by a party state shall

(1) be effected in the same manner by which the party state ratified this compact; and

(2) become effective one hundred eighty days after written notice of renunciation is provided by the party state to each other party state and to the federal government.

10. Article X--Severability. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.

11. Article XI--Adjudication of disputes.

a. In general. The council shall

(1) have initial authority to make determinations with respect to any dispute regarding

(a) interpretation of this compact;

(b) any rule or standard established by the council pursuant to article VI; and

(c) any dispute or controversy between any parties to this compact; and

(2) hold a hearing concerning any dispute described in subparagraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of article VI, paragraph “e”.

b. Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters.

c. Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by 28 U.S.C. § 1446, or other statutory authority.

CREDIT(S)

Added by Acts 2000 (78 G.A.) ch. 1065, § 2. Amended by Acts 2000 (78 G.A.) ch. 1232, § 84; Acts 2006 (81 G.A.) ch. 1010, H.F. 2543, § 159; Acts 2008 (82 G.A.) ch. 1032, S.F. 2320, § 201; Acts 2009 (83 G.A.) ch. 41, S.F. 446, § 263.

[FN1] Compact is effective July 1, 2000; see Acts 2000 (78 G.A.) ch. 1065, §§ 1 to 3.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 692B.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 692B. National Crime Prevention and Privacy Compact (Refs & Annos)

692B.3. Duty of commissioner

The commissioner of public safety shall be responsible to implement and administer this compact.

CREDIT(S)

Added by Acts 2000 (78 G.A.) ch. 1065, § 3.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 693, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 693. Police Radio Broadcasting System

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.1. Contract authorized

The commissioner of public safety may enter into such contracts as the commissioner may deem necessary for the purpose of utilizing a special radio broadcasting system for law enforcement and police work and for direct and rapid communication with the various peace officers of the state. The said commissioner shall be empowered, subject to the approval of the governor and executive council, to equip divisional headquarters, cars, and motorcycles in the department with radio sending or receiving apparatus or both.

CREDIT(S)

Transferred from § 750.1 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.2. Expenses

Any such contract authorized in section 693.1 shall involve no expense to the state, except that the state may buy its own radio remote control system and install the same in the offices of the department of public safety in broadcasting communications and information direct to the peace officers of the state.

CREDIT(S)

Transferred from § 750.2 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.3. Notification to supervisors

Whenever the commissioner of public safety has entered into a contract and has established radio broadcasting facilities as is provided in this chapter, the commissioner shall at once notify the boards of supervisors of the respective counties that such a radio service has been established.

CREDIT(S)

Transferred from § 750.3 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.4. Duty of supervisors to install--costs

The board of supervisors of each county shall install in the office of the sheriff a radio receiving set, and a set in at least one motor vehicle used by the sheriff, for use in connection with the state radio broadcasting system. The board of supervisors may install as many additional radio receiving sets as it deems necessary.

CREDIT(S)

Transferred from § 750.4 by the Code Editor for Code Supp.1977. Amended by Acts 1983 (70 G.A.) ch. 123, § 200.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.5. Option of city council to install--costs

The council of each city of two thousand or more population may install at least one radio receiving set for use in law enforcement and police work.

CREDIT(S)

Transferred from § 750.5 by the Code Editor for Code Supp.1977.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.6. Repealed by Acts 1981 (69 G.A.) ch. 117, § 1097

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.7. Communication with local agencies

The department of public safety shall maintain law enforcement communications with local enforcement agencies.

CREDIT(S)

Transferred from § 750.7 by the Code Editor for Code Supp.1977. Amended by Acts 1978 (67 G.A.) ch. 1019, § 25.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 693.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 693. Police Radio Broadcasting System (Refs & Annos)

693.8. Repealed by Acts 1980 (68 G.A.) ch. 1008, § 2

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 694, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 694. Missing Persons

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.1. Missing persons

As used in this chapter, unless the context otherwise indicates, “missing person” means a person who is missing and meets one of the following characteristics:

1. Is a person with a physical or mental disability.

2. Is missing under circumstances indicating that the person's safety may be in danger.

3. Is missing under circumstances indicating that the disappearance was not voluntary.

4. Is an unemancipated minor.

For purposes of this chapter an “unemancipated minor” means a minor who has not married and who resides with a parent or other legal guardian.

CREDIT(S)

Added by Acts 1984 (70 G.A.) ch. 1084, § 1. Amended by Acts 1990 (73 G.A.) ch. 1051, § 1; Acts 1990 (73 G.A.) ch. 1233, § 40; Acts 1996 (76 G.A.) ch. 1129, § 107.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.2. Complaint of missing person

1. A person may file a complaint of a missing person with a law enforcement agency having jurisdiction. The complaint shall include, but is not limited to, the following information:

a. The name of the complainant.

b. The relationship of the complainant to the missing person.

c. The name, age, address, and all identifying characteristics of the missing person.

d. The length of time the person has been missing.

e. All other information deemed relevant by either the complainant or the law enforcement agency.

2. A report of the complaint of missing person shall be given to all law enforcement personnel currently on active duty for that agency through internal means and over the law enforcement administration network immediately upon its being filed.

CREDIT(S)

Added by Acts 1984 (70 G.A.) ch. 1084, § 2.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.3. Report on missing person

A law enforcement agency in which a complaint of a missing person has been filed shall prepare, as soon as practicable, a report on a missing person. That report shall include, but is not limited to, the following:

1. All information contained in the complaint on a missing person.

2. All information or evidence gathered by a preliminary investigation, if one was made.

3. A statement, by the law enforcement officer in charge, setting forth that officer's assessment of the case based upon all evidence and information received.

4. An explanation of the next steps to be taken by the law enforcement agency filing the report.

CREDIT(S)

Added by Acts 1984 (70 G.A.) ch. 1084, § 3.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.4. Dissemination of report

Upon completion of the report, a copy of the report shall be forwarded to:

1. All law enforcement agencies having jurisdiction of the location in which the missing person lives or was last seen.

2. All law enforcement agencies considered to be potentially involved by the law enforcement agency filing the report.

3. All law enforcement agencies which the complainant requests the report to be sent to, if the request is reasonable in light of the information contained in the report.

4. Any law enforcement agency requesting a copy of the missing person report.

CREDIT(S)

Added by Acts 1984 (70 G.A.) ch. 1084, § 4.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.5. Unemancipated minors

1. If a report of missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the national crime information center computer.

2. If a report of missing person involves an unemancipated minor, a law enforcement agency shall not prevent an immediate active investigation on the basis of an agency rule which specifies an automatic time limitation for a missing person investigation.

CREDIT(S)

Added by Acts 1984 (70 G.A.) ch. 1084, § 5.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.6. False information--penalty

A person who knowingly makes a false report of missing person, or knowingly makes a false statement in the report, to a law enforcement agency is guilty of a simple misdemeanor.

CREDIT(S)

Added by Acts 1984 (70 G.A.) ch. 1084, § 6.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.7 to 694.9. Reserved

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.7 to 694.9. Reserved

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.7 to 694.9. Reserved

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 694.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 694. Missing Persons (Refs & Annos)

694.10. Missing person information clearinghouse

1. As used in this section:

a. “Missing person” means a missing person as defined in section 694.1 whose temporary or permanent residence is in Iowa, or is believed to be in Iowa, whose location has not been determined, and who has been reported as missing to a law enforcement agency.

b. “Missing person report” is a report prepared on a form designed by the department of public safety for use by private citizens and law enforcement agencies to report missing person information to the missing person information clearinghouse.

2. The department of public safety shall establish a statewide missing person information clearinghouse. In connection with the clearinghouse, the department shall:

a. Collect, process, maintain, and disseminate information concerning missing persons in Iowa.

b. Develop training programs for local law enforcement personnel concerning appropriate procedures to report missing persons to the clearinghouse and to comply with legal procedures relating to missing person cases.

c. Provide specialized training to law enforcement officers, in conjunction with the law enforcement academy, to enable the officers to more efficiently handle the tracking of missing persons and unidentified bodies on the local level.

d. Develop training programs to assist parents in avoiding child kidnapping.

e. Cooperate with other states and the national crime information center in efforts to locate missing persons.

f. Maintain a toll-free telephone line, available twenty-four hours a day, seven days a week, to receive and disseminate information related to missing persons.

g. Distribute monthly bulletins to all local law enforcement agencies and to media outlets which request missing person information, containing the names, photos, and descriptions of missing persons, information related to the events surrounding the disappearance of the missing persons, the law enforcement agency or person to contact if missing persons are located or if other relevant information is discovered relating to missing persons, and the names of persons reported missing whose locations have been determined and confirmed.

h. Produce, update at least weekly, and distribute public service announcements to media outlets which request missing person information, containing the same or similar information as contained in the monthly bulletins.

i. Encourage and seek both financial and in-kind support from private individuals and organizations in the production and distribution of clearinghouse bulletins and public service announcements under paragraphs “g” and “h”.

j. Maintain a registry of approved prevention and education materials and programs regarding missing and runaway children.

k. Coordinate public and private programs for missing and runaway children.

3. A law enforcement agency shall submit all missing person reports compiled pursuant to section 694.3 and updated information relating to the reports to the clearinghouse.

4. Subsequent to the filing of a complaint of a missing person with a law enforcement agency pursuant to section 694.2, the person filing the complaint may submit information regarding the missing person to the clearinghouse. If the person reported missing is an unemancipated minor, any person may submit information regarding the missing unemancipated minor to the clearinghouse.

5. A person who has filed a missing person complaint with a law enforcement agency shall immediately notify that law enforcement agency when the location of the missing person has been determined.

6. After the location of a person reported missing to the clearinghouse has been determined and confirmed, the clearinghouse shall only release information described in subsection 2, paragraphs “g” and “h” concerning the located person. After the location of a missing person has been determined and confirmed, other information concerning the history of the missing person case shall be disclosed only to law enforcement officers of this state and other jurisdictions when necessary for the discharge of their official duties and to the juvenile court in the county of a formerly missing child's residence. All information relating to a missing person in the clearinghouse shall be purged when the person's location has been determined and confirmed, except that information relating to a missing child shall be purged when the child reaches eighteen years of age and the child's location has been determined and confirmed.

CREDIT(S)

Added by Acts 1985 (71 G.A.) ch. 173, § 29.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 695, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.12

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.13

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.14

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.15

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.16

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.17

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.18

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.19

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.20

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.21

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.22

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.23

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.24

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.25

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.26

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.27

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.28

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 695.29

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 695. Weapons, Firearms and Toy Pistols [Repealed] (Refs & Annos)

695.1 to 695.29. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4) § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 696, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 696. Machine Guns [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 696.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 696. Machine Guns [Repealed] (Refs & Annos)

696.1 to 696.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 697, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 697.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 697. Injuries by Explosives--Bomb Threats [Repealed] (Refs & Annos)

697.1 to 697.11. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 698, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 698. Rape [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 698.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 698. Rape [Repealed] (Refs & Annos)

698.1 to 698.4. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 698.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 698. Rape [Repealed] (Refs & Annos)

698.1 to 698.4. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 698.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 698. Rape [Repealed] (Refs & Annos)

698.1 to 698.4. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 698.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 698. Rape [Repealed] (Refs & Annos)

698.1 to 698.4. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 699, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 699. Forcible Marriage and Defilement [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 699.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 699. Forcible Marriage and Defilement [Repealed] (Refs & Annos)

699.1. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 700, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 700. Seduction [Repealed]

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 700.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 700. Seduction [Repealed] (Refs & Annos)

700.1 to 700.3. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 700.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 700. Seduction [Repealed] (Refs & Annos)

700.1 to 700.3. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 700.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 700. Seduction [Repealed] (Refs & Annos)

700.1 to 700.3. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff. Jan. 1, 1978

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 701, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 701. General Criminal Law Provisions

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.1. Short title

Chapters 701 to 728 shall be known and may be cited as the “Iowa Criminal Code”.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 101, eff. Jan. 1, 1978.

APPLICATION

<For retroactive applicability provisions, see Acts 1976 (66 G.A.) ch. 1245, § 528.>

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.2. Public offense

A public offense is that which is prohibited by statute and is punishable by fine or imprisonment.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 102, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.3. Presumption of innocence

Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless the person's guilt thereof is proved beyond a reasonable doubt.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 103, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.4. Insanity

A person shall not be convicted of a crime if at the time the crime is committed the person suffers from such a diseased or deranged condition of the mind as to render the person incapable of knowing the nature and quality of the act the person is committing or incapable of distinguishing between right and wrong in relation to that act. Insanity need not exist for any specific length of time before or after the commission of the alleged criminal act. If the defense of insanity is raised, the defendant must prove by a preponderance of the evidence that the defendant at the time of the crime suffered from such a deranged condition of the mind as to render the defendant incapable of knowing the nature and quality of the act the defendant was committing or was incapable of distinguishing between right and wrong in relation to the act.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 104, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1320, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.5. Intoxicants or drugs

The fact that a person is under the influence of intoxicants or drugs neither excuses the person's act nor aggravates the person's guilt, but may be shown where it is relevant in proving the person's specific intent or recklessness at the time of the person's alleged criminal act or in proving any element of the public offense with which the person is charged.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 105, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.6. Ignorance or mistake

All persons are presumed to know the law. Evidence of an accused person's ignorance or mistake as to a matter of either fact or law shall be admissible in any case where it shall tend to prove the existence or nonexistence of some element of the crime with which the person is charged.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 106, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.7. Felony defined and classified

A public offense is a felony of a particular class when the statute defining the crime declares it to be a felony. Felonies are class “A” felonies, class “B” felonies, class “C” felonies, and class “D” felonies. Where the statute defining the offense declares it to be a felony but does not state what class of felony it is or provide for a specific penalty, that felony shall be a class “D” felony.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 107, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 2, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.8. Misdemeanor defined and classified

All public offenses which are not felonies are misdemeanors. Misdemeanors are aggravated misdemeanors, serious misdemeanors, or simple misdemeanors. Where an act is declared to be a public offense, crime or misdemeanor, but no other designation is given, such act shall be a simple misdemeanor.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 108, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.9. Merger of lesser included offenses

No person shall be convicted of a public offense which is necessarily included in another public offense of which the person is convicted. If the jury returns a verdict of guilty of more than one offense and such verdict conflicts with this section, the court shall enter judgment of guilty of the greater of the offenses only.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 109, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.10. Civil remedies preserved

The fact that one may be subjected to a criminal prosecution in no way limits the right which anyone may have to a civil remedy.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 110, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 701.11

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.11. Evidence of similar offenses--sexual abuse

1. In a criminal prosecution in which a defendant has been charged with sexual abuse, evidence of the defendant's commission of another sexual abuse is admissible and may be considered for its bearing on any matter for which the evidence is relevant. This evidence, though relevant, may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. This evidence is not admissible unless the state presents clear proof of the commission of the prior act of sexual abuse.

2. If the prosecution intends to offer evidence pursuant to this section, the prosecution shall disclose such evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, ten days prior to the scheduled date of trial. The court may for good cause shown permit disclosure less than ten days prior to the scheduled date of trial.

3. For purposes of this section, “sexual abuse” means any commission of or conviction for a crime defined in chapter 709. “Sexual abuse” also means any commission of or conviction for a crime in another jurisdiction under a statute that is substantially similar to any crime defined in chapter 709.

CREDIT(S)

Added by Acts 2003 (80 G.A.) ch. 132, § 1.

VALIDITY

<This section has been held unconstitutional in the case of State v. Cox, 2010, 781 N.W.2d 757.>

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 702, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 702. Definitions

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.1. Policy of uniformity

Wherever a term, word or phrase is defined in the criminal code, such meaning shall be given wherever it appears in the Code, unless it is being specially defined for a special purpose.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 201, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.1A

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.1A. Computer terminology

For purposes of section 714.1, subsection 8, and section 716.6B:

1. “Computer” means an electronic device which performs logical, arithmetical, and memory functions by manipulation of electronic or magnetic impulses, and includes all input, output, processing, storage, computer software, and communication facilities which are connected or related to the computer in a computer system or computer network.

2. “Computer access” means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network.

3. “Computer data” means a representation of information, knowledge, facts, concepts, or instructions that has been prepared or is being prepared in a formalized manner and has been processed, or is intended to be processed in a computer. Computer data may be in any form including, but not limited to, printouts, magnetic storage media, punched cards, and as stored in the memory of a computer.

4. “Computer network” means a set of related, remotely connected devices and communication facilities including two or more computers with capability to transmit data among them through communication facilities.

5. “Computer program” means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.

6. “Computer services” means the use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage functions.

7. “Computer software” means a set of computer programs, procedures, or associated documentation used in the operation of a computer.

8. “Computer system” means related, connected or unconnected, computers or peripheral equipment.

9. “Loss of property” means the greatest of the following:

a. The retail value of the property involved.

b. The reasonable replacement or repair cost, whichever is less.

10. “Loss of services” means the reasonable value of the damage created by the unavailability or lack of utility of the property or services involved until repair or replacement can be effected.

CREDIT(S)

Added by Acts 2000 (78 G.A.) ch. 1201, § 6.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.2. Act

The term “act” includes a failure to do any act which the law requires one to perform.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 202, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.3. Animal

An “animal” is a nonhuman vertebrate.

CREDIT(S)

Added by Acts 1976 (67 G.A.) ch. 1245 (ch. 1), § 203, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 3, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.4. Brothel

A “brothel” is any building, structure, or part thereof, or other place offering shelter or seclusion, which is principally or regularly used for the purpose of prostitution, with the consent or connivance of the owner, tenant, or other person in possession of it.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 204, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.5. Child

For purposes of Title XVI, [FN1] unless another age is specified, a “child” is any person under the age of fourteen years.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 205, eff. Jan. 1, 1978.

[FN1] The Code Editor for Code 1993 provides the following note: “This provision does not include chapters 709A, 718A, 822, 904, 913, and 914, which were moved into title XVI by the Code editor. Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters.”

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.6

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.6. Controlled substance

The term “controlled substance” means controlled substance as that term is defined and used in chapter 124.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 206, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.7

Effective: July 1, 2008

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.7. Dangerous weapon

A “dangerous weapon” is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include but are not limited to any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 207, eff. Jan. 1, 1978. Amended by Acts 1988 (72 G.A.) ch. 1164, § 1; Acts 2008 (82 G.A.) ch. 1151, H.F. 2628, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.8

Effective: July 1, 2008

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.8. Death

“Death” means the condition determined by the following standard: A person will be considered dead if in the announced opinion of a physician licensed pursuant to chapter 148, a physician assistant licensed pursuant to chapter 148C, or a registered nurse or a licensed practical nurse licensed pursuant to chapter 152, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a person will be considered dead if in the announced opinion of two physicians, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous brain functions. Death will have occurred at the time when the relevant functions ceased.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 208, eff. Jan. 1, 1978. Amended by Acts 2001 (79 G.A.) ch. 113, § 5; Acts 2008 (82 G.A.) ch. 1088, S.F. 2338, § 137.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.9. Deception

“Deception” consists of knowingly doing any of the following:

1. Creating or confirming another's belief or impression as to the existence or nonexistence of a fact or condition which is false and which the actor does not believe to be true.

2. Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition which the actor previously has created or confirmed.

3. Preventing another from acquiring information pertinent to the disposition of the property involved in any commercial or noncommercial transaction or transfer.

4. Selling or otherwise transferring or encumbering property and failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record.

5. Promising payment, the delivery of goods, or other performance which the actor does not intend to perform or knows the actor will not be able to perform. Failure to perform, standing alone, is not evidence that the actor did not intend to perform.

6. Inserting anything other than lawful money or authorized token into the money slot of any machine which dispenses goods or services.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 209, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.10

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.10. Dwelling

A “dwelling” is any building or structure, permanent or temporary, or any land, water or air vehicle, adapted for overnight accommodation of persons, and actually in use by some person or persons as permanent or temporary sleeping quarters, whether such person is present or not.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 210, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.11

Effective: July 1, 2012

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.11. Forcible felony

1. A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree.

2. Notwithstanding subsection 1, the following offenses are not forcible felonies:

a. Willful injury in violation of section 708.4, subsection 2.

b. Sexual abuse in the third degree committed between spouses.

c. Sexual abuse in violation of section 709.4, subsection 2, paragraph “c”, subparagraph (4).

d. Sexual exploitation by a counselor, therapist, or school employee in violation of section 709.15.

e. Child endangerment subject to penalty under section 726.6, subsection 6.

f. Assault in violation of section 708.2, subsection 4.

g. Domestic abuse assault in violation of section 708.2A, subsection 5.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 211, eff. Jan. 1, 1978. Amended by Acts 1985 (71 G.A.) ch. 180, § 2; Acts 1989 (73 G.A.) ch. 138, § 2; Acts 1991 (74 G.A.) ch. 130, § 1; Acts 1992 (74 G.A.) ch. 1163, § 117; Acts 1994 (75 G.A.) ch. 1023, § 69; Acts 1999 (78 G.A.) ch. 65, § 2; Acts 2001 (79 G.A.) ch. 3, § 1; Acts 2001 (79 G.A.) ch. 176, § 79; Acts 2003 (80 G.A.) ch. 180, § 64; Acts 2004 (80 G.A.) ch. 1151, § 2; Acts 2010 (83 G.A.) ch. 1072, H.F. 2372, § 1; Acts 2012 (84 G.A.) ch. 1002, S.F. 93, § 3.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.12

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.12. Occupied structure

An “occupied structure” is any building, structure, appurtenances to buildings and structures, land, water or air vehicle, or similar place adapted for overnight accommodation of persons, or occupied by persons for the purpose of carrying on business or other activity therein, or for the storage or safekeeping of anything of value. Such a structure is an “occupied structure” whether or not a person is actually present. However, for purposes of chapter 713, a box, chest, safe, changer, or other object or device which is adapted or used for the deposit or storage of anything of value but which is too small or not designed to allow a person to physically enter or occupy it is not an “occupied structure”.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 212, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1247, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.13

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.13. Participating in a public offense

A person is “participating in a public offense,” during part or the entire period commencing with the first act done directly toward the commission of the offense and for the purpose of committing that offense, and terminating when the person has been arrested or has withdrawn from the scene of the intended crime and has eluded pursuers, if any there be. A person is “participating in a public offense” during this period whether the person is successful or unsuccessful in committing the offense.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 213, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.14

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.14. Property

“Property” is anything of value, whether publicly or privately owned, including but not limited to computers and computer data, computer software, and computer programs. The term includes both tangible and intangible property, labor, and services. The term includes all that is included in the terms “real property” and “personal property”.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 214, eff. Jan. 1, 1978. Amended by Acts 2000 (78 G.A.) ch. 1201, § 7.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.15

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.15. Prostitute

A “prostitute” is a person who sells or offers for sale the person's services as a participant in a sex act.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 215, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.16

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.16. Reckless

A person is “reckless” or acts recklessly when the person willfully or wantonly disregards the safety of persons or property.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 216, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.17

Effective: July 1, 2008

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.17. Sex act

The term “sex act” or “sexual activity” means any sexual contact between two or more persons by: penetration of the penis into the vagina or anus; contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person; contact between the finger or hand of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 151, or 152; or by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 217, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1029, § 44; Acts 1989 (73 G.A.) ch. 105, § 1; Acts 1989 (73 G.A.) ch. 296, § 86; Acts 2008 (82 G.A.) ch. 1088, S.F. 2338, § 138.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.18

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.18. Serious injury

1. “Serious injury” means any of the following:

a. Disabling mental illness.

b. Bodily injury which does any of the following:

(1) Creates a substantial risk of death.

(2) Causes serious permanent disfigurement.

(3) Causes protracted loss or impairment of the function of any bodily member or organ.

c. Any injury to a child that requires surgical repair and necessitates the administration of general anesthesia.

2. “Serious injury” includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 218, eff. Jan. 1, 1978. Amended by Acts 1994 (75 G.A.) ch. 1172, § 41; Acts 1999 (78 G.A.) ch. 11, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.19

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.19. Steal

“Steal” means to take by theft.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 219, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.20

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.20. Viability

“Viability” is that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life support systems. The time when viability is achieved may vary with each pregnancy, and the determination of whether a particular fetus is viable is a matter of responsible medical judgment.

CREDIT(S)

Added by Acts 1976 (67 G.A.) ch. 148, § 1, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.20A

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.20A. Video rental property

“Video rental property” means an audiovisual recording, including a videotape, videodisc, or other tangible medium of expression on which an audiovisual work is recorded or otherwise stored, or any equipment or supplies used to view the recording, and which is held out for rental to the public in the ordinary course of business.

CREDIT(S)

Added by Acts 2000 (78 G.A.) ch. 1201, § 8.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.21

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.21. Incendiary device

An “incendiary device” is a device, contrivance, or material causing or designed to cause destruction of property by fire.

CREDIT(S)

Added by Acts 1978 (67 G.A.) ch. 1183, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.22

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.22. Library materials and equipment

1. “Library materials” include books, plates, pictures, photographs, engravings, paintings, drawings, maps, newspapers, magazines, pamphlets, broadsides, manuscripts, documents, letters, public records, microforms, sound recordings, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts, and written or printed materials regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of any of the following:

a. A public library.

b. A library of an educational, historical, or eleemosynary institution, organization, or society.

c. A museum.

d. A repository of public records.

2. “Library equipment” includes audio, visual, or audiovisual machines, machinery or equipment belonging to, on loan to or otherwise in the custody of one of the institutions or agencies listed in subsection 1.

CREDIT(S)

Added by Acts 1979 (68 G.A.) ch. 145, § 1, eff. Jan. 1, 1980. Amended by Acts 1985 (71 G.A.) ch. 187, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 702.23

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 702. Definitions (Refs & Annos)

702.23. Strip search

“Strip search” means having a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical probe of any body cavity.

CREDIT(S)

Added by Acts 1980 (68 G.A.) ch. 1188, § 1.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. T. XVI, Subt. 1, Ch. 703, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 703. Parties to Crime

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 703.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)