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 Public Offenses [Repealed]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 Public Offenses [Repealed] (Refs & Annos)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 Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff.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 Public Offenses [Repealed] (Refs & Annos)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 Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff.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 Public Offenses [Repealed] (Refs & Annos)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 Repealed by Acts 1974 (65 G.A.) ch. 1093, § 92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 Public Offenses [Repealed] (Refs & Annos)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 Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526, eff.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)

Chapter 703. Parties to Crime (Refs & Annos)

703.1. Aiding and abetting


All persons concerned in the commission of a public offense, whether they directly commit the act constituting the offense or aid and abet its commission, shall be charged, tried and punished as principals. The guilt of a person who aids and abets the commission of a crime must be determined upon the facts which show the part the person had in it, and does not depend upon the degree of another person's guilt.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 301, eff. Jan. 1, 1978.


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


I.C.A. § 703.2


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 703. Parties to Crime (Refs & Annos)

703.2. Joint criminal conduct


When two or more persons, acting in concert, knowingly participate in a public offense, each is responsible for the acts of the other done in furtherance of the commission of the offense or escape therefrom, and each person's guilt will be the same as that of the person so acting, unless the act was one which the person could not reasonably expect to be done in the furtherance of the commission of the offense.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 302, eff. Jan. 1, 1978.


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


I.C.A. § 703.3


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 703. Parties to Crime (Refs & Annos)

703.3. Accessory after the fact


Any person having knowledge that a public offense has been committed and that a certain person committed it, and who does not stand in the relation of husband or wife to the person who committed the offense, who harbors, aids or conceals the person who committed the offense, with the intent to prevent the apprehension of the person who committed the offense, commits an aggravated misdemeanor if the public offense committed was a felony, or commits a simple misdemeanor if the public offense was a misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 303, eff. Jan. 1, 1978. Amended by Acts 1981 (69 G.A.) ch. 204, § 1.


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


I.C.A. § 703.4


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 703. Parties to Crime (Refs & Annos)

703.4. Responsibility of employers


An employer or an employer's agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer's control, supervision, or direction in any of the following cases:


1. The person has directed the employee to commit a public offense.


2. The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.


3. The person assigns the employee some duty or duties which the person knows cannot be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 304, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 4, eff. Jan. 1, 1978.


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


I.C.A. § 703.5


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 703. Parties to Crime (Refs & Annos)

703.5. Liability of corporations, partnerships and voluntary associations


A public or private corporation, partnership, or other voluntary association shall have the same level of culpability as an individual committing the crime when any of the following is true:


1. The conduct constituting the offense consists of an omission to discharge a specific duty or an affirmative performance imposed on the accused by law.


2. The conduct or act constituting the offense is committed by an agent, officer, director, or employee of the accused while acting within the scope of the authority of the agent, officer, director or employee and in behalf of the accused and when said act or conduct is authorized, requested, or tolerated by the board of directors or by a high managerial agent.


“High managerial agent” means an officer of the corporation, partner, or other agent in a position of comparable authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 305, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 5, eff. Jan. 1, 1978; Acts 1978 (67 G.A.) ch. 1029, § 45.


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


I.C.A. T. XVI, Subt. 1, Ch. 704, 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 704. Force--Reasonable or Deadly--Defenses



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


I.C.A. § 704.1


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.1. Reasonable force


“Reasonable force” is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 401, eff. Jan. 1, 1978. Amended by Acts 1981 (69 G.A.) ch. 204, § 2.


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


I.C.A. § 704.2


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.2. Deadly force


The term “deadly force” means any of the following:


1. Force used for the purpose of causing serious injury.


2. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result.


3. The discharge of a firearm, other than a firearm loaded with less lethal munitions and discharged by a peace officer, corrections officer, or corrections official in the line of duty, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown.


4. The discharge of a firearm, other than a firearm loaded with less lethal munitions and discharged by a peace officer, corrections officer, or corrections official in the line of duty, at a vehicle in which a person is known to be.


As used in this section, “less lethal munitions” means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 402, eff. Jan. 1, 1978. Amended by Acts 1997 (77 G.A.) ch. 166, §§ 1, 2.


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


I.C.A. § 704.3


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.3. Defense of self or another


A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 403, eff. Jan. 1, 1978.


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


I.C.A. § 704.4


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.4. Defense of property


A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person's possession or other right in property. Nothing in this section authorizes the use of any spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession of or other right in property.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 404, eff. Jan. 1, 1978.


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


I.C.A. § 704.5


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.5. Aiding another in the defense of property


A person is justified in the use of reasonable force to aid another in the lawful defense of the other person's rights in property or in any public property.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 405, eff. Jan. 1, 1978.


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


I.C.A. § 704.6


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.6. When defense not available


The defense of justification is not available to the following:


1. One who is participating in a forcible felony, or riot, or a duel.


2. One who initially provokes the use of force against oneself, with the intent to use such force as an excuse to inflict injury on the assailant.


3. One who initially provokes the use of force against oneself by one's unlawful acts, unless:


a. Such force is grossly disproportionate to the provocation, and is so great that the person reasonably believes that the person is in imminent danger of death or serious injury or


b. The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 406, eff. Jan. 1, 1978.


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


I.C.A. § 704.7


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.7. Resisting forcible felony


A person who knows that a forcible felony is being perpetrated is justified in using, against the perpetrator, reasonable force to prevent the completion of that felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 407, eff. Jan. 1, 1978.


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


I.C.A. § 704.8


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.8. Escape from place of confinement


A correctional officer or peace officer is justified in using reasonable force, including deadly force, which is necessary to prevent the escape of any person from any jail, penal institution, correctional facility, or similar place of confinement, or place of trial or other judicial proceeding, or to prevent the escape from custody of any person who is being transported from any such place of confinement, trial or judicial proceeding to any other such place, except that deadly force may not be used to prevent the escape of one who the correctional officer or peace officer knows is confined on a charge or conviction of any class of misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 408, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 6, eff. Jan. 1, 1978; Acts 2001 (79 G.A.) ch. 131, § 2.


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


I.C.A. § 704.9


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.9. Death


A physician or a person acting on the direct orders of a physician who ceases to provide medical attention to a person who is dead, as death is defined in section 702.8, shall not be criminally liable for such cessation of medical attention.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 409, eff. Jan. 1, 1978.


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


I.C.A. § 704.10


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.10. Compulsion


No act, other than an act by which one intentionally or recklessly causes physical injury to another, is a public offense if the person so acting is compelled to do so by another's threat or menace of serious injury, provided that the person reasonably believes that such injury is imminent and can be averted only by the person doing such act.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 410, eff. Jan. 1, 1978.


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


I.C.A. § 704.11


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.11. Police activity


A peace officer or person acting as an agent of or directed by any police agency who participates in the commission of a crime by another person solely for the purpose of gathering evidence leading to the prosecution of such other person shall not be guilty of that crime or of the crime of solicitation as set forth in section 705.1, provided that all of the following are true:


1. The officer or person is not an instigator of the criminal activity.


2. The officer or person does not intentionally injure a nonparticipant in the crime.


3. The officer or person acts with the consent of superiors, or the necessity of immediate action precludes obtaining such consent.


4. The officer's or person's actions are reasonable under the circumstances.


This section is not intended to preclude the use of undercover or surveillance persons by law enforcement agencies in appropriate circumstances and manner. It is intended to discourage such activity to tempt, urge or persuade the commission of offenses by persons not already disposed to commit offenses of that kind.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 411, eff. Jan. 1, 1978. Amended by Acts 1979 (68 G.A.) ch. 146, § 1.


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


I.C.A. § 704.12


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 704. Force--Reasonable or Deadly--Defenses (Refs & Annos)

704.12. Use of force in making an arrest


A peace officer or other person making an arrest or securing an arrested person may use such force as is permitted by sections 804.8, 804.10, 804.13 and 804.15.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 412, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1029, § 46.


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


I.C.A. T. XVI, Subt. 1, Ch. 705, 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 705. Solicitation



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


I.C.A. § 705.1


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 705. Solicitation (Refs & Annos)

705.1. Solicitation


Any person who commands, entreats, or otherwise attempts to persuade another to commit a particular felony or aggravated misdemeanor, with the intent that such act be done and under circumstances which corroborates that intent by clear and convincing evidence, solicits such other to commit that felony or aggravated misdemeanor. One who solicits another to commit a felony of any class commits a class “D” felony. One who solicits another to commit an aggravated misdemeanor commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 501, eff. Jan. 1, 1978.


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


I.C.A. § 705.2


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 705. Solicitation (Refs & Annos)

705.2. Renunciation


It is a defense to a prosecution for solicitation that the defendant, after soliciting another person to commit a felony or aggravated misdemeanor, persuaded the person not to do so or otherwise prevented the commission of the offense, under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal intent. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by (a) the person's belief that circumstances exist which increase the possibility of detection or apprehension of the defendant or another or which make more difficult the consummation of the offense or (b) the person's decision to postpone the offense until another time or to substitute another victim or another but similar objective.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 502, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 7, 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. 706, 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 706. Conspiracy



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


I.C.A. § 706.1


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 706. Conspiracy (Refs & Annos)

706.1. Conspiracy


1. A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following:


a. Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime.


b. Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.


2. It is not necessary for the conspirator to know the identity of each and every conspirator.


3. A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.


4. A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 601, eff. Jan. 1, 1978. Amended by Acts 1987 (72 G.A.) ch. 129, § 1.


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


I.C.A. § 706.2


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 706. Conspiracy (Refs & Annos)

706.2. Locus of conspiracy


A person commits a conspiracy in any county where the person is physically present when the person makes such agreement or combination, and in any county where the person with whom the person makes such agreement or combination is physically present at such time, whether or not any of the other conspirators are also present in that county or in this state, and in any county in which any criminal act is done by any person pursuant to the conspiracy, whether or not the person is or has ever been present in such county; provided, that a person may not be prosecuted more than once for a conspiracy based on the same agreement or combination.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 602, eff. Jan. 1, 1978.


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


I.C.A. § 706.3


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 706. Conspiracy (Refs & Annos)

706.3. Penalties


A person who commits a conspiracy to commit a forcible felony is guilty of a class “C” felony. A person who commits a conspiracy to commit a felony, other than a forcible felony, is guilty of a class “D” felony. A person who commits a conspiracy to commit a misdemeanor is guilty of a misdemeanor of the same class.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 603, eff. Jan. 1, 1978.


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


I.C.A. § 706.4


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 706. Conspiracy (Refs & Annos)

706.4. Multiple convictions


A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy. A person may not be convicted and sentenced for both the conspiracy and for the public offense.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 604, 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. 706A, 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 706A. Ongoing Criminal Conduct



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


I.C.A. § 706A.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 706A. Ongoing Criminal Conduct (Refs & Annos)

706A.1. Definitions


In this chapter, unless the context otherwise requires:


1. “Criminal network” means any combination of persons engaging, for financial gain on a continuing basis, in conduct which is an indictable offense under the laws of this state regardless of whether such conduct is charged or indicted. As used in this subsection, persons combine if they collaborate or act in concert in carrying on or furthering the activities or purposes of a network even though such persons may not know each other's identity, membership in the network changes from time to time, or one or more members of the network stand in a wholesaler-retailer, service provider, or other arm's length relationship with others as to conduct in the furtherance of the financial goals of the network.


2. “Enterprise” includes any sole proprietorship, partnership, corporation, trust, or other legal entity, or any unchartered union, association, or group of persons associated in fact although not a legal entity, and includes unlawful as well as lawful enterprises.


3. “Proceeds” means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes any property of any kind.


4. “Property” means anything of value, and includes any interest in property, including any benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible, without reduction for expenses incurred for acquisition, maintenance, production, or any other purpose.


5. “Specified unlawful activity” means any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable as an indictable offense under the laws of the state in which it occurred and under the laws of this state.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 26.


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


I.C.A. § 706A.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 706A. Ongoing Criminal Conduct (Refs & Annos)

706A.2. Violations


1. Specified unlawful activity influenced enterprises.


a. It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise.


b. It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity.


c. It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity.


d. It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.


2. Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following:


a. Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation.


b. Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned.


c. Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury.


d. Injuring or damaging another person's body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury.


e. Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person.


f. Making any property available to a member of the criminal network.


g. Making any service other than legal services available to a member of the criminal network.


h. Inducing or committing any act or omission by a public servant in violation of the public servant's official duty.


i. Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions.


j. Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.


3. Money laundering. It is unlawful for a person to commit money laundering in violation of chapter 706B.


4. Acts of specified unlawful activity. It is unlawful for a person to commit specified unlawful activity as defined in section 706A.1.


5. Negligent empowerment of specified unlawful activity.


a. It is unlawful for a person to negligently allow property owned or controlled by the person or services provided by the person, other than legal services, to be used to facilitate specified unlawful activity, whether by entrustment, loan, rent, lease, bailment, or otherwise.


b. Damages for negligent empowerment of specified unlawful activity shall include all reasonably foreseeable damages proximately caused by the specified unlawful activity, including, in a case brought or intervened in by the state, the costs of investigation and criminal and civil litigation of the specified unlawful activity incurred by the government for the prosecution and defense of any person involved in the specified unlawful activity, and the imprisonment, probation, parole, or other expense reasonably necessary to detain, punish, and rehabilitate any person found guilty of the specified unlawful activity, except for the following:


(1) If the person empowering the specified unlawful activity acted only negligently and was without knowledge of the nature of the activity and could not reasonably have known of the unlawful nature of the activity or that it was likely to occur, damages shall be limited to the greater of the following:


(a) The cost of the investigation and litigation of the person's own conduct plus the value of the property or service involved as of the time of its use to facilitate the specified unlawful activity.


(b) All reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person's own conduct.


(2) If the property facilitating the specified unlawful activity was taken from the possession or control of the person without that person's knowledge and against that person's will in violation of the criminal law, damages shall be limited to reasonably foreseeable damages to any person, except persons responsible for the taking or the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person's negligence, if any, in failing to prevent its taking.


(3) If the person was aware of the possibility that the property or service would be used to facilitate some form of specified unlawful activity and acted to prevent the unlawful use, damages shall be limited to reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person's failure, if any, to act reasonably to prevent the unlawful use.


(4) The plaintiff shall carry the burden of proof by a preponderance of the evidence that the specified unlawful activity occurred and was facilitated by the property or services. The defendant shall have the burden of proof by a preponderance of the evidence as to circumstances constituting lack of negligence and on the limitations on damages in this subsection.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 27. Amended by Acts 1998 (77 G.A.) ch. 1074, § 33.


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


I.C.A. § 706A.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 706A. Ongoing Criminal Conduct (Refs & Annos)

706A.3. Civil remedies--actions


1. The prosecuting attorney or an aggrieved person may institute civil proceedings against any person in district court seeking relief from conduct constituting a violation of this chapter or to prevent, restrain, or remedy such violation.


2. The district court has jurisdiction to prevent, restrain, or remedy such violations by issuing appropriate orders. Prior to a determination of liability such orders may include, but are not limited to, entering restraining orders or injunctions, requiring the execution of satisfactory performance bonds, creating receiverships, and enforcing constructive trusts in connection with any property or interest subject to damages, forfeiture, or other remedies or restraints pursuant to this chapter.


3. If the plaintiff in such a proceeding proves the alleged violation by a preponderance of the evidence, the district court, after making due provision for the rights of innocent persons, shall grant relief by entering any appropriate order or judgment, including any of the following:


a. Ordering any defendant to divest the defendant of any interest in any enterprise, or in any real property.


b. Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as any enterprise in which the defendant was engaged in a violation of this chapter.


c. Ordering the dissolution or reorganization of any enterprise.


d. Ordering the payment of all reasonable costs and expenses of the investigation and prosecution of any violation, civil or criminal, including reasonable attorney fees in the trial and appellate courts. Such payments received by the state, by judgment, settlement, or otherwise, shall be considered forfeited property and disposed of pursuant to section 809A.17.


e. Ordering the forfeiture of any property subject to forfeiture under chapter 809A, pursuant to the provisions and procedures of that chapter.


f. Ordering the suspension or revocation of any license, permit, or prior approval granted to any person by any agency of the state.


g. Ordering the surrender of the certificate of existence of any corporation organized under the laws of this state or the revocation of any certificate authorizing a foreign corporation to conduct business within this state, upon finding that for the prevention of future violations, the public interest requires the certificate of the corporation to be surrendered and the corporation dissolved or the certificate revoked.


4. Relief under subsection 3, paragraphs “e”, “f”, and “g”, shall not be granted in civil proceedings instituted by an aggrieved person unless the prosecuting attorney has instituted the proceedings or intervened. In any action under this section brought by the state or in which the state has intervened, the state may employ any of the powers of seizure and restraint of property as are provided for forfeiture actions under chapter 809A, or as are provided for the collection of taxes payable and past due, and whose collection has been determined to be in jeopardy.


5. In a proceeding initiated under this section, injunctive relief shall be granted in conformity with the principles that govern the granting of relief from injury or threatened injury in other civil cases, but no showing of special or irreparable injury is required. Pending final determination of a proceeding initiated under this section, a temporary restraining order or a preliminary injunction may be issued upon a showing of immediate danger of significant injury, including the possibility that a judgment for money damages might be difficult to execute, and, in a proceeding initiated by a nongovernmental aggrieved person, upon the execution of proper bond against injury for an injunction improvidently granted.


6. Any person who is in possession or control of proceeds of any violation of this chapter, is an involuntary trustee and holds the property in constructive trust for the benefit of the person entitled to remedies under this chapter, unless the holder acquired the property as a bona fide purchaser for value who was not knowingly taking part in an illegal transaction.


7. Any person whose business or property is directly or indirectly injured by conduct constituting a violation of this chapter, by any person, may bring a civil action, subject to the in pari delicto defense, and shall recover threefold the actual damages sustained and the costs and expenses of the investigation and prosecution of the action including reasonable attorney fees in the trial and appellate courts. Damages shall not include pain and suffering. Any person injured shall have a claim to any property against which any fine, or against which treble damages under subsection 11 or 12, may be imposed, superior to any right or claim of the state to the property, up to the value of actual damages and costs awarded in an action under this subsection. The state shall have a right of subrogation to the extent that an award made to a person so injured is satisfied out of property against which any fine or civil remedy in favor of the state may be imposed.


8. a. If liability of a legal entity is based on the conduct of another, through respondeat superior or otherwise, the legal entity shall not be liable for more than actual damages and costs, including a reasonable attorney fee, if the legal entity affirmatively shows by a preponderance of the evidence that both of the following apply:


(1) The conduct was not engaged in, authorized, solicited, commanded, or recklessly tolerated by the legal entity, by the directors of the legal entity, or by a high managerial agent of the legal entity acting within the scope of employment.


(2) The conduct was not engaged in by an agent of the legal entity acting within the scope of employment and in behalf of the legal entity.


b. For the purposes of this subsection:


(1) “Agent” means any officer, director, or employee of the legal entity, or any other person who is authorized to act in behalf of the legal entity.


(2) “High managerial agent” means any officer of the legal entity or, in the case of a partnership, a partner, or any other agent in a position of comparable authority with respect to the formulation of policy of the legal entity.


9. Notwithstanding any other provision of law, any pleading, motion, or other paper filed by a nongovernmental aggrieved party in connection with a proceeding or action under subsection 7 shall be verified. If such aggrieved person is represented by an attorney, such pleading, motion, or other paper shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated.


If such pleading, motion, or other paper includes an averment of fraud, coercion, accomplice, respondent superior, conspiratorial, enterprise, or other vicarious accountability, it shall state, insofar as practicable, the circumstances with particularity. The verification and the signature by an attorney required by this subsection shall constitute a certification by the signer that the attorney has carefully read the pleading, motion, or other paper and, based on a reasonable inquiry, believes that all of the following exist:


a. It is well grounded in fact.


b. It is warranted by existing law, or a good faith argument for the extension, modification, or reversal of existing law.


c. It is not made for an improper purpose, including to harass, to cause unnecessary delay, or to impose a needless increase in the cost of litigation.


The court may, after a hearing and appropriate findings of fact, impose upon any person who verified the complaint, cross-claim, or counterclaim, or any attorney who signed it in violation of this subsection, or both, a fit and proper sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the complaint or claim, including reasonable attorney fees. If the court determines that the filing of a complaint or claim under subsection 7 by a nongovernmental party was frivolous in whole or in part, the court shall award double the actual expenses, including attorney fees, incurred because of the frivolous portion of the complaint or claim.


10. Upon the filing of a complaint, cross-claim, or counterclaim under this section, an aggrieved person, as a jurisdictional prerequisite, shall immediately notify the attorney general of its filing and serve one copy of the pleading on the attorney general. Service of the notice on the attorney general does not limit or otherwise affect the right of the state to maintain an action under this section or intervene in a pending action and does not authorize the aggrieved person to name the state or the attorney general as a party to the action. The attorney general, upon timely application, may intervene or appear as amicus curiae in any civil proceeding or action brought under this section if the attorney general certifies that, in the opinion of the attorney general, the proceeding or action is of general public importance. In any proceeding or action brought under this section by an aggrieved person, the state shall be entitled to the same relief as if it had instituted the proceeding or action.


11. a. Any prosecuting attorney may bring a civil action on behalf of a person whose business or property is directly or indirectly injured by conduct constituting a violation of this chapter, and shall recover threefold the damages sustained by such person and the costs and expenses of the investigation and prosecution of the action, including reasonable attorney fees in the trial and appellate courts. The court shall exclude from the amount of monetary relief awarded any amount of monetary relief which is any of the following:


(1) Which duplicates amounts which have been awarded for the same injury.


(2) Which is properly allocable to persons who have excluded their claims under paragraph “c”.


b. In any action brought under this subsection, the prosecuting attorney, at such times, in such manner, and with such content as the court may direct, shall cause notice of the action to be given by publication. If the court finds that notice given solely by publication would deny due process to any person, the court may direct further notice to such person according to the circumstances of the case.


c. A person on whose behalf an action is brought under this subsection may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to the person by filing notice of such election within such time as specified in the notice given under this subsection.


d. A final judgment in an action under this subsection shall preclude any claim under this subsection by a person on behalf of whom such action was brought who fails to give notice of exclusion within the times specified in the notice given under paragraph “b”.


e. An action under this subsection on behalf of a person other than the state shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs.


12. The attorney general may bring a civil action as parens patriae on behalf of the general economy, resources, and welfare of this state, and shall recover threefold the proceeds acquired, maintained, produced, or realized by or on behalf of the defendant by reason of a violation of this chapter, plus the costs and expenses of the investigation and prosecution of the action, including reasonable attorney fees in the trial and appellate courts.


a. A person who has knowingly conducted or participated in the conduct of an enterprise in violation of section 706A.2, subsection 1, paragraph “c”, is also jointly and severally liable for the greater of threefold the damage sustained directly or indirectly by the state by reason of conduct in furtherance of the violation or threefold the total of all proceeds acquired, maintained, produced, or realized by, or on behalf of, any person by reason of participation in the enterprise except for the following:


(1) A person is not liable for conduct occurring prior to the person's first knowing participation in or conduct of the enterprise.


(2) If a person shows that, under circumstances manifesting a voluntary and complete renunciation of culpable intent, the person withdrew from the enterprise by giving a complete and timely warning to law enforcement authorities or by otherwise making a reasonable and substantial effort to prevent the conduct or result which is the criminal objective of the enterprise, the person is not liable for conduct occurring after the person's withdrawal.


b. A person who has facilitated a criminal network in violation of section 706A.2, subsection 2, is also jointly and severally liable for all of the following:


(1) The damages resulting from the conduct in furtherance of the criminal objectives of the criminal network, to the extent that the person's facilitation was of substantial assistance to the conduct.


(2) The proceeds of conduct in furtherance of the criminal objectives of the criminal network, to the extent that the person's facilitation was of substantial assistance to the conduct.


(3) A person who has engaged in money laundering in violation of chapter 706B is also jointly and severally liable for the greater of threefold the damages resulting from the person's conduct or threefold the property that is the subject of the violation.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 28. Amended by Acts 1998 (77 G.A.) ch. 1074, § 34.


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


I.C.A. § 706A.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 706A. Ongoing Criminal Conduct (Refs & Annos)

706A.4. Criminal sanctions


A person who violates section 706A.2, subsection 1, 2, or 4, commits a class “B” felony.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 29.


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


I.C.A. § 706A.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 706A. Ongoing Criminal Conduct (Refs & Annos)

706A.5. Uniformity of construction and application


1. The provisions of this chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this chapter shall be supplemental and not mutually exclusive. Civil remedies under this chapter do not preclude and are not precluded by other provisions of law.


2. The provisions of this chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting the law.


3. The attorney general may enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any state to effectuate the purposes of this chapter.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 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. 706B, 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 706B. Money Laundering



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


I.C.A. § 706B.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 706B. Money Laundering (Refs & Annos)

706B.1. Definitions


In this chapter, unless the context otherwise requires:


1. “Proceeds” means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes any property of any kind.


2. “Property” means anything of value, and includes any interest in property, including any benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible.


3. “Specified unlawful activity” means any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable by confinement of one year or more under the laws of this state, or, if the act occurred outside this state, would be punishable by confinement of one year or more under the laws of the state in which it occurred and under the laws of this state.


4. “Transaction” includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase, or sale of any monetary instrument, use of a safe deposit box, or any other acquisition or disposition of property by whatever means effected.


5. “Unlawful activity” means any act which is chargeable or indictable as a public offense of any degree under the laws of the state in which the act occurred or under federal law and, if the act occurred in a state other than this state, would be chargeable or indictable as a public offense of any degree under the laws of this state or under federal law.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 31.


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


I.C.A. § 706B.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 706B. Money Laundering (Refs & Annos)

706B.2. Money laundering penalty--civil remedies


1. It is unlawful for a person to commit money laundering by doing any of the following:


a. To knowingly transport, receive, or acquire property or to conduct a transaction involving property, knowing that the property involved is the proceeds of some form of unlawful activity, when, in fact, the property is the proceeds of specified unlawful activity.


b. To make property available to another, by transaction, transportation, or otherwise, knowing that it is intended to be used for the purpose of committing or furthering the commission of specified unlawful activity.


c. To conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property or the intent to avoid a transaction-reporting requirement under chapter 529, the Iowa financial transaction reporting Act, or federal law.


d. To knowingly engage in the business of conducting, directing, planning, organizing, initiating, financing, managing, supervising, or facilitating transactions involving property, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, that, in fact, is the proceeds of specified unlawful activity.


2. A person who violates:


a. Subsection 1, paragraph “a”, “b”, or “c”, commits a class “C” felony, and may be fined not more than ten thousand dollars or twice the value of the property involved, whichever is greater, or be imprisoned for not more than ten years, or both.


b. Subsection 1, paragraph “d”, commits a class “D” felony, and may be fined not more than seven thousand five hundred dollars or twice the value of the property involved, whichever is greater, or be imprisoned for not more than five years, or both.


3. A person who violates subsection 1, paragraph “a”, “b”, “c”, or “d”, is subject to a civil penalty of three times the value of the property involved in the transaction, in addition to any criminal sanction imposed.


4. A person who is found guilty of a violation under this section also may be charged with violations of chapter 706A, and property involved in a violation under this chapter is subject to forfeiture under chapter 809A.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 32. Amended by Acts 1998 (77 G.A.) ch. 1074, §§ 35, 36.


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


I.C.A. § 706B.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 706B. Money Laundering (Refs & Annos)

706B.3. Uniformity of construction and application


1. The provisions of this chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this chapter shall be supplemental and not mutually exclusive. The civil remedies do not preclude and are not precluded by other provisions of law.


2. The provisions of this chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting the law.


3. The attorney general may enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any state to effectuate the purposes of this chapter.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1133, § 33.


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


I.C.A. T. XVI, Subt. 1, Ch. 707, 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 707. Homicide and Related Crimes



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


I.C.A. § 707.1


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 707. Homicide and Related Crimes (Refs & Annos)

707.1. Murder defined


A person who kills another person with malice aforethought either express or implied commits murder.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1) § 701, eff. Jan. 1, 1978.


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


I.C.A. § 707.2


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 707. Homicide and Related Crimes (Refs & Annos)

707.2. Murder in the first degree


A person commits murder in the first degree when the person commits murder under any of the following circumstances:


1. The person willfully, deliberately, and with premeditation kills another person.


2. The person kills another person while participating in a forcible felony.


3. The person kills another person while escaping or attempting to escape from lawful custody.


4. The person intentionally kills a peace officer, correctional officer, public employee, or hostage while the person is imprisoned in a correctional institution under the jurisdiction of the Iowa department of corrections, or in a city or county jail.


5. The person kills a child while committing child endangerment under section 726.6, subsection 1, paragraph “b”, or while committing assault under section 708.1 upon the child, and the death occurs under circumstances manifesting an extreme indifference to human life.


6. The person kills another person while participating in an act of terrorism as defined in section 708A.1.


Murder in the first degree is a class “A” felony.


For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 702, eff. Jan. 1, 1978. Amended by Acts 1983 (70 G.A.) ch. 96, § 118, eff. Oct. 1, 1983; Acts 1994 (75 G.A.) ch. 1172, § 42; Acts 2002 (79 G.A.) ch. 1075, § 1; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 48.


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


I.C.A. § 707.3


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 707. Homicide and Related Crimes (Refs & Annos)

707.3. Murder in the second degree


A person commits murder in the second degree when the person commits murder which is not murder in the first degree.


Murder in the second degree is a class “B” felony. However, notwithstanding section 902.9, subsection 2, the maximum sentence for a person convicted under this section shall be a period of confinement of not more than fifty years.


For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 703, eff. Jan. 1, 1978. Amended by Acts 1982 (69 G.A.) ch. 1239, § 1; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 49.


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


I.C.A. § 707.3A


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 707. Homicide and Related Crimes (Refs & Annos)

707.3A. Solicitation to commit murder


1. A person who commands, entreats, or otherwise attempts to persuade another to commit murder as defined in section 707.1, with the intent that such act be done and under circumstances which corroborate that intent by clear and convincing evidence, solicits another to commit that murder.


2. Renunciation, as provided for in section 705.2, is a defense to a prosecution for solicitation under this section.


3. A person who solicits another to commit murder commits a class “C” felony.


CREDIT(S)


Added by Acts 2012 (84 G.A.) ch. 1046, S.F. 2296, § 1.


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


I.C.A. § 707.4


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 707. Homicide and Related Crimes (Refs & Annos)

707.4. Voluntary manslaughter


A person commits voluntary manslaughter when that person causes the death of another person, under circumstances which would otherwise be murder, if the person causing the death acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person and there is not an interval between the provocation and the killing in which a person of ordinary reason and temperament would regain control and suppress the impulse to kill.


Voluntary manslaughter is an included offense under an indictment for murder in the first or second degree.


Voluntary manslaughter is a class “C” felony.


For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 704, eff. Jan. 1, 1978. Amended by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 50.


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


I.C.A. § 707.5


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 707. Homicide and Related Crimes (Refs & Annos)

707.5. Involuntary manslaughter


1. A person commits a class “D” felony when the person unintentionally causes the death of another person by the commission of a public offense other than a forcible felony or escape.


2. A person commits an aggravated misdemeanor when the person unintentionally causes the death of another person by the commission of an act in a manner likely to cause death or serious injury.


Involuntary manslaughter as defined in this section is an included offense under an indictment for murder in the first or second degree or voluntary manslaughter.


For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 705, eff. Jan. 1, 1978. Amended by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 51.


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


I.C.A. § 707.6


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 707. Homicide and Related Crimes (Refs & Annos)

707.6. Civil liability


No person who injures the aggressor through application of reasonable force in defense of the person's person or property may be held civilly liable for such injury.


No person who injures the aggressor through application of reasonable force in defense of a second person may be held civilly liable for such injury.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 706, eff. Jan. 1, 1978.


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


I.C.A. § 707.6A


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 707. Homicide and Related Crimes (Refs & Annos)

707.6A. Homicide or serious injury by vehicle


1. A person commits a class “B” felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited by section 321J.2.


1A. Upon a plea or verdict of guilty of a violation of subsection 1, the defendant shall surrender to the court any Iowa license or permit and the court shall forward the license or permit to the department with a copy of the order of conviction. Upon receipt of the order of conviction, the department shall revoke the defendant's driver's license or nonresident operating privilege for a period of six years. The defendant shall not be eligible for a temporary restricted license for at least two years after the revocation.


1B. Upon a plea or verdict of guilty of a violation of subsection 1, the court shall order the defendant, at the defendant's expense, to do the following:


a. Enroll, attend, and satisfactorily complete a course for drinking drivers, as provided in section 321J.22.


b. Submit to evaluation and treatment or rehabilitation services.


1C. A driver's license or nonresident operating privilege shall not be reinstated until proof of completion of the requirements of subsection 1B is presented to the department.


1D. Where the program is available and appropriate for the defendant, the court shall also order the defendant to participate in a reality education substance abuse prevention program as provided in section 321J.24.


2. A person commits a class “C” felony when the person unintentionally causes the death of another by any of the following means:


a. Driving a motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.


b. Eluding or attempting to elude a pursuing law enforcement vehicle, in violation of section 321.279, if the death of the other person directly or indirectly results from the violation.


3. A person commits a class “D” felony when the person unintentionally causes the death of another while drag racing, in violation of section 321.278.


4. A person commits a class “D” felony when the person unintentionally causes a serious injury, as defined in section 702.18, by any of the means described in subsection 1 or 2.


5. As used in this section, “motor vehicle” includes any vehicle defined as a motor vehicle in section 321.1.


6. Except for the purpose of sentencing under section 321J.2, subsections 3, 4, and 5, a conviction or deferral of judgment for a violation of this section, where a violation of section 321J.2 is admitted or proved, shall be treated as a conviction or deferral of judgment for a violation of section 321J.2 for the purposes of chapters 321, 321A, and 321J, and section 907.3, subsection 1.


7. Notwithstanding the provisions of sections 901.5 and 907.3, the court shall not defer judgment or sentencing, or suspend execution of any part of the sentence applicable to the defendant for a violation of subsection 1, or for a violation of subsection 4 involving the operation of a motor vehicle while intoxicated.


CREDIT(S)


Added by Acts 1986 (71 G.A.) ch. 1220, § 41. Amended by Acts 1989 (73 G.A.) ch. 211, § 1;Acts 1990 (73 G.A.) ch. 1251, § 55; Acts 1994 (75 G.A.) ch. 1069, § 2; Acts 1997 (77 G.A.) ch. 177, §§ 26 to 28; Acts 1998 (77 G.A.) ch. 1073, § 9; Acts 2010 (83 G.A.) ch. 1097, H.F. 2452, § 12; Acts 2010 (83 G.A.) ch. 1124, S.F. 431, § 3, eff. Dec. 1, 2010; Acts 2011 (84 G.A.) ch. 34, S.F. 475, § 145.


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


I.C.A. § 707.7


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 707. Homicide and Related Crimes (Refs & Annos)

707.7. Feticide


1. Any person who intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy where death of the fetus results commits feticide. Feticide is a class “C” felony.


2. Any person who attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy where death of the fetus does not result commits attempted feticide. Attempted feticide is a class “D” felony.


3. Any person who terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, who is not a person licensed to practice medicine and surgery or osteopathic medicine and surgery under the provisions of chapter 148, commits a class “C” felony.


4. This section shall not apply to the termination of a human pregnancy performed by a physician licensed in this state to practice medicine or surgery or osteopathic medicine or surgery when in the best clinical judgment of the physician the termination is performed to preserve the life or health of the pregnant person or of the fetus and every reasonable medical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 707, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 148, § 2, eff. Jan. 1, 1978; Acts 1996 (76 G.A.) ch. 1077, § 1; Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 175.


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


I.C.A. § 707.8


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 707. Homicide and Related Crimes (Refs & Annos)

707.8. Nonconsensual termination--serious injury to a human pregnancy


1. A person who terminates a human pregnancy without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “B” felony.


2. A person who terminates a human pregnancy without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “C” felony.


3. A person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” felony.


4. A person who unintentionally terminates a human pregnancy by any of the means provided pursuant to section 707.6A, subsection 1, is guilty of a class “C” felony.


5. A person who by force or intimidation procures the consent of the pregnant person to a termination of a human pregnancy is guilty of a class “C” felony.


6. A person who unintentionally terminates a human pregnancy while drag racing in violation of section 321.278 is guilty of a class “D” felony.


7. A person who unintentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy is guilty of an aggravated misdemeanor.


8. A person commits an aggravated misdemeanor when the person intentionally causes serious injury to a human pregnancy by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy.


9. A person commits an aggravated misdemeanor when the person unintentionally causes serious injury to a human pregnancy by any of the means described in section 707.6A, subsection 1.


10. A person commits a serious misdemeanor when the person unintentionally causes serious injury to a human pregnancy by the commission of an act in a manner likely to cause the termination of or serious injury to the human pregnancy.


11. For the purposes of this section “serious injury to a human pregnancy” means, relative to the human pregnancy, disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, and includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones.


12. As used in this section, actions which cause the termination of or serious injury to a pregnancy do not apply to any of the following:


a. An act or omission of the pregnant person.


b. A termination of or a serious injury to a pregnancy which is caused by the performance of an approved medical procedure performed by a person licensed in this state to practice medicine and surgery or osteopathic medicine and surgery, irrespective of the duration of the pregnancy and with or without the voluntary consent of the pregnant person when circumstances preclude the pregnant person from providing consent.


c. An act committed in self-defense or in defense of another person or any other act committed if legally justified or excused.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 708, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 8, eff. Jan. 1, 1978; Acts 1996 (76 G.A.) ch. 1077, § 2.


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


I.C.A. § 707.8A


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 707. Homicide and Related Crimes (Refs & Annos)

707.8A. Partial-birth abortion prohibited--exceptions--penalties


1. As used in this section, unless the context otherwise requires:


a. “Abortion” means abortion as defined in section 146.1.


b. “Fetus” means a human fetus.


c. “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living fetus before killing the fetus and completing the delivery.


d. “Vaginally delivers a living fetus before killing the fetus” means deliberately and intentionally delivering into the vagina a living fetus or a substantial portion of a living fetus for the purpose of performing a procedure the person knows will kill the fetus, and then killing the fetus.


2. A person shall not knowingly perform or attempt to perform a partial-birth abortion. This prohibition shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury.


3. This section shall not be construed to create a right to an abortion.


4. a. The mother on whom a partial-birth abortion is performed, the father of the fetus, or, if the mother is less than eighteen years of age or unmarried at the time of the partial-birth abortion, a maternal grandparent of the fetus may bring an action against a person violating subsection 2 to obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the partial-birth abortion.


b. In an action brought under this subsection, appropriate relief may include any of the following:


(1) Statutory damages which are equal to three times the cost of the partial-birth abortion.


(2) Compensatory damages for all injuries, psychological and physical, resulting from violation of subsection 2.


5. A person who violates subsection 2 is guilty of a class “C” felony.


6. A mother upon whom a partial-birth abortion is performed shall not be prosecuted for violation of subsection 2 or for conspiracy to violate subsection 2.


7. a. A licensed physician subject to the authority of the board of medicine who is accused of a violation of subsection 2 may seek a hearing before the board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury.


b. The board's findings concerning the physician's conduct are admissible at the criminal trial of the physician. Upon a motion of the physician, the court shall delay the beginning of the trial for not more than thirty days to permit the hearing before the board of medicine to take place.


CREDIT(S)


Added by Acts 1998 (77 G.A.) ch. 1009, § 1. Amended by Acts 2007 (82 G.A.) ch. 10, S.F. 74, § 181.


VALIDITY


<This statute was found by the Court as a matter of law to be unconstitutional “because it is void for vagueness and violates the plaintiffs' right to privacy”. See Planned Parenthood of Greater Iowa, Inc. v. Miller, 195 F.3d 386 (1999).>


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


I.C.A. § 707.9


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 707. Homicide and Related Crimes (Refs & Annos)

707.9. Murder of fetus aborted alive


A person who intentionally kills a viable fetus aborted alive shall be guilty of a class “B” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 709, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 9, eff. Jan. 1, 1978; Acts 1977 (67 G.A.) ch. 148, § 3, eff. Jan. 1, 1978.


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


I.C.A. § 707.10


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 707. Homicide and Related Crimes (Refs & Annos)

707.10. Duty to preserve the life of the fetus


A person who performs or induces a termination of a human pregnancy and who willfully fails to exercise that degree of professional skill, care, and diligence available to preserve the life and health of a viable fetus shall be guilty of a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 710, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 148, § 4, eff. Jan. 1, 1978.


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


I.C.A. § 707.11


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 707. Homicide and Related Crimes (Refs & Annos)

707.11. Attempt to commit murder


A person commits a class “B” felony when, with the intent to cause the death of another person and not under circumstances which would justify the person's actions, the person does any act by which the person expects to set in motion a force or chain of events which will cause or result in the death of the other person.


It is not a defense to an indictment for attempt to commit murder that the acts proved could not have caused the death of any person, provided that the actor intended to cause the death of some person by so acting, and the actor's expectations were not unreasonable in the light of the facts known to the actor.


For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 711, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 10, eff. Jan. 1, 1978; Acts 1982 (69 G.A.) ch. 1239, § 2; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 52.


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


I.C.A. T. XVI, Subt. 1, Ch. 707A, 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 707A. Assisting Suicide



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


I.C.A. § 707A.1


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 707A. Assisting Suicide (Refs & Annos)

707A.1. Definitions


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


1. “Licensed health care professional” means a physician and surgeon, podiatric physician, osteopathic physician and surgeon, physician assistant, nurse, dentist, or pharmacist required to be licensed under chapter 147.


2. “Suicide” means the act or instance of taking a person's own life voluntarily and intentionally.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1002, § 1. Amended by Acts 1996 (76 G.A.) ch. 1079, § 19; Acts 2008 (82 G.A.) ch. 1088, S.F. 2338, § 141.


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


I.C.A. § 707A.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 707A. Assisting Suicide (Refs & Annos)

707A.2. Assisting suicide


A person commits a class “C” felony if the person intentionally or knowingly assists, solicits, or incites another person to commit or attempt to commit suicide, or participates in a physical act by which another person commits or attempts to commit suicide.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1002, § 2.


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


I.C.A. § 707A.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 707A. Assisting Suicide (Refs & Annos)

707A.3. Acts or omissions not considered assisting suicide


1. A licensed health care professional who administers, prescribes, or dispenses medications or who performs or prescribes procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, does not violate section 707A.2 unless the medications or procedures are intentionally or knowingly administered, prescribed, or dispensed with the primary intention of causing death.


2. A licensed health care professional who withholds or withdraws a life-sustaining procedure in compliance with chapter 144A or 144B does not violate section 707A.2.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1002, § 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. 707B, 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 707B. Human Cloning [Repealed]



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


I.C.A. § 707B.1


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 707B. Human Cloning [Repealed] (Refs & Annos)

707B.1. Repealed by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 5


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


I.C.A. § 707B.2


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 707B. Human Cloning [Repealed] (Refs & Annos)

707B.2. Repealed by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 5


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


I.C.A. § 707B.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 707B. Human Cloning [Repealed] (Refs & Annos)

707B.3. Repealed by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 5


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


I.C.A. § 707B.4


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 707B. Human Cloning [Repealed] (Refs & Annos)

707B.4. Repealed by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 5


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


I.C.A. T. XVI, Subt. 1, Ch. 707C, 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 707C. Human Stem Cell Research and Cloning



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


I.C.A. § 707C.1


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 707C. Human Stem Cell Research and Cloning (Refs & Annos)

707C.1. Title


This chapter shall be known and may be cited as the “Iowa Stem Cell Research and Cures Initiative”.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 1.


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


I.C.A. § 707C.2


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 707C. Human Stem Cell Research and Cloning (Refs & Annos)

707C.2. Purpose


It is the purpose of this chapter to ensure that Iowa patients have access to stem cell therapies and cures and that Iowa researchers may conduct stem cell research and develop therapies and cures in the state, and to prohibit human reproductive cloning.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 2.


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


I.C.A. § 707C.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 707C. Human Stem Cell Research and Cloning (Refs & Annos)

707C.3. Definitions


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


1. “Human reproductive cloning” means human asexual reproduction, using somatic cell nuclear transfer, for implantation or attempted implantation into a woman's uterus or substitute for a woman's uterus. “Human reproductive cloning” does not include somatic cell nuclear transfer performed for the purpose of creating embryonic stem cells.


2. “Human somatic cell” means a diploid cell having a complete set of chromosomes obtained or derived from a living or deceased human body at any stage of development.


3. “Oocyte” means a human ovum.


4. “Somatic cell nuclear transfer” means a technique in which the nucleus of a human somatic cell is injected or transplanted into a fertilized or unfertilized oocyte from which the nucleus has been removed.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 3.


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


I.C.A. § 707C.4


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 707C. Human Stem Cell Research and Cloning (Refs & Annos)

707C.4. Human reproductive cloning--prohibitions--penalty


1. A person shall not intentionally or knowingly do any of the following:


a. Perform or attempt to perform human reproductive cloning.


b. Participate in performing or in an attempt to perform human reproductive cloning.


c. Transfer or receive, in whole or in part, for the purpose of shipping, receiving, or importing, the product of human reproductive cloning.


2. a. A person who violates subsection 1, paragraph “a” or “b”, is guilty of a class “C” felony.


b. A person who violates subsection 1, paragraph “c”, is guilty of an aggravated misdemeanor.


3. A person who violates this section in a manner that results in a pecuniary gain to the person is subject to a civil penalty in an amount that is twice the amount of the gross gain.


4. A person who violates this section and who is licensed pursuant to chapter 148 is subject to revocation of the person's license.


5. A violation of this section is grounds for denial of an application for, denial of renewal of, or revocation of any license, permit, certification, or any other form of permission required to practice or engage in any trade, occupation, or profession regulated by the state.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 6, S.F. 162, § 4. Amended by Acts 2008 (82 G.A.) ch. 1088, S.F. 2338, § 139.


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


I.C.A. T. XVI, Subt. 1, Ch. 708, 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 708. Assault



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


I.C.A. § 708.1


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 708. Assault (Refs & Annos)

708.1. Assault defined


An assault as defined in this section is a general intent crime. A person commits an assault when, without justification, the person does any of the following:


1. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.


2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.


3. Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.


Provided, that where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace, the act shall not be an assault.


Provided, that where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, the act shall not be an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 801, eff. Jan. 1, 1978. Amended by Acts 1995 (76 G.A.) ch. 191, § 49; Acts 2002 (79 G.A.) ch. 1094, § 1.


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


I.C.A. § 708.2


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 708. Assault (Refs & Annos)

708.2. Penalties for assault


1. A person who commits an assault, as defined in section 708.1, with the intent to inflict a serious injury upon another, is guilty of an aggravated misdemeanor.


2. A person who commits an assault, as defined in section 708.1, and who causes bodily injury or mental illness, is guilty of a serious misdemeanor.


3. A person who commits an assault, as defined in section 708.1, and uses or displays a dangerous weapon in connection with the assault, is guilty of an aggravated misdemeanor. This subsection does not apply if section 708.6 or 708.8 applies.


4. A person who commits an assault, as defined in section 708.1, without the intent to inflict serious injury, but who causes serious injury, is guilty of a class “D” felony.


5. A person who commits an assault, as defined in section 708.1, and who uses any object to penetrate the genitalia or anus of another person, is guilty of a class “C” felony.


6. Any other assault, except as otherwise provided, is a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 802, eff. Jan. 1, 1978. Amended by Acts 1981 (69 G.A.) ch. 204, § 3; Acts 1987 (72 G.A.) ch. 154, § 8; Acts 1998 (77 G.A.) ch. 1026, § 1; Acts 1999 (78 G.A.) ch. 65, § 3; Acts 2003 (80 G.A.) ch. 132, § 2; Acts 2010 (83 G.A.) ch. 1072, H.F. 2372, § 2.


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


I.C.A. § 708.2A


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 708. Assault (Refs & Annos)

708.2A. Domestic abuse assault--mandatory minimums, penalties enhanced--extension of no-contact order


1. For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or “d”.


2. On a first offense of domestic abuse assault, the person commits:


a. A simple misdemeanor for a domestic abuse assault, except as otherwise provided.


b. A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness.


c. An aggravated misdemeanor, if the domestic abuse assault is committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in connection with the assault. This paragraph does not apply if section 708.6 or 708.8 applies.


d. An aggravated misdemeanor, if the domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.


3. Except as otherwise provided in subsection 2, on a second domestic abuse assault, a person commits:


a. A serious misdemeanor, if the first offense was classified as a simple misdemeanor, and the second offense would otherwise be classified as a simple misdemeanor.


b. An aggravated misdemeanor, if the first offense was classified as a simple or aggravated misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was classified as a serious or aggravated misdemeanor, and the second offense would otherwise be classified as a simple or serious misdemeanor.


4. On a third or subsequent offense of domestic abuse assault, a person commits a class “D” felony.


5. For a domestic abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury, the person commits a class “D” felony.


6. a. A conviction for, deferred judgment for, or plea of guilty to, a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense.


b. For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of section 708.2 or this section, which were issued on domestic abuse assaults, and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.


c. An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.


7. a. A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence. The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence. This section does not prohibit the court from sentencing and the person from serving the maximum term of confinement or from paying the maximum fine permitted pursuant to chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or sentence pursuant to section 907.3, if the person has not previously received a deferred sentence or judgment for a violation of section 708.2 or this section which was issued on a domestic abuse assault.


b. A person convicted of violating subsection 4 shall be sentenced as provided under section 902.9, subsection 5, and shall be denied parole or work release until the person has served a minimum of one year of the person's sentence. Notwithstanding section 901.5, subsections 1, 3, and 5 and section 907.3, the person cannot receive a suspended or deferred sentence or a deferred judgment; however, the person sentenced shall receive credit for any time the person was confined in a jail or detention facility following arrest.


8. If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.


9. The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 236.5. The clerk shall provide notice and copies of modifications of the judgment in the same manner.


10. In addition to the mandatory minimum term of confinement imposed by subsection 7, paragraph “a”, the court shall order a person convicted under subsection 2 or 3 to participate in a batterers' treatment program as required under section 708.2B. In addition, as a condition of deferring judgment or sentence pursuant to section 907.3, the court shall order the person to participate in a batterers' treatment program. The clerk of the district court shall send a copy of the judgment or deferred judgment to the judicial district department of correctional services.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 154, § 9. Amended by Acts 1991 (74 G.A.) ch. 218, § 27; Acts 1991 (74 G.A.) ch. 219, §§ 19, 20; Acts 1992 (74 G.A.) ch. 1163, § 118; Acts 1993 (75 G.A.) ch. 157, § 9; Acts 1994 (75 G.A.) ch. 1093, § 2; Acts 1995 (76 G.A.) ch. 90, § 1; Acts 1996 (76 G.A.) ch. 1131, § 3; Acts 1997 (77 G.A.) ch. 33, § 14; Acts 1998 (77 G.A.) ch. 1192, § 1; Acts 1999 (78 G.A.) ch. 65, § 4; Acts 1999 (78 G.A.) ch. 114, § 45; Acts 2002 (79 G.A.) ch. 1004, § 4; Acts 2006 (81 G.A.) ch. 1101, H.F. 2652, §§ 13, 14; Acts 2012 (84 G.A.) ch. 1002, S.F. 93, §§ 4, 5.


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


I.C.A. § 708.2B


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 708. Assault (Refs & Annos)

708.2B. Treatment of domestic abuse offenders


As used in this section, “district department” means a judicial district department of correctional services, established pursuant to section 905.2. A person convicted of, or receiving a deferred judgment for, domestic abuse assault as defined in section 708.2A, shall report to the district department in order to participate in a batterers' treatment program for domestic abuse offenders. In addition, a person convicted of, or receiving a deferred judgment for, an assault, as defined in section 708.1, which is domestic abuse, as defined in section 236.2, subsection 2, paragraph “e”, may be ordered by the court to participate in a batterers' treatment program. Participation in the batterers' treatment program shall not require a person to be placed on probation, but a person on probation may participate in the program. The district departments may contract for services in completing the duties relating to the batterers' treatment programs. The district departments shall assess the fees for participation in the program, and shall either collect or contract for the collection of the fees to recoup the costs of treatment, but may waive the fee or collect a lesser amount upon a showing of cause. The fees shall be used by each of the district departments or contract service providers for the establishment, administration, coordination, and provision of direct services of the batterers' treatment programs.


District departments or contract service providers shall receive upon request peace officers' investigative reports regarding persons participating in programs under this section. The receipt of reports under this section shall not waive the confidentiality of the reports under section 22.7.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 218, § 28. Amended by Acts 1991 (74 G.A.) ch. 219, § 35; Acts 1995 (76 G.A.) ch. 180, § 15; Acts 2002 (79 G.A.) ch. 1004, § 5.


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


I.C.A. § 708.2C


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 708. Assault (Refs & Annos)

708.2C. Assault in violation of individual rights--penalties


1. For the purposes of this chapter, “assault in violation of individual rights” means an assault, as defined in section 708.1, which is a hate crime as defined in section 729A.2.


2. A person who commits an assault in violation of individual rights, with the intent to inflict a serious injury upon another, is guilty of a class “D” felony.


3. A person who commits an assault in violation of individual rights, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.


4. A person who commits an assault in violation of individual rights and uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.


5. Any other assault in violation of individual rights, except as otherwise provided, is a serious misdemeanor.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 3. Amended by Acts 1995 (76 G.A.) ch. 90, § 2.


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


I.C.A. § 708.3


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 708. Assault (Refs & Annos)

708.3. Assault while participating in a felony


Any person who commits an assault as defined in section 708.1 while participating in a felony other than a sexual abuse is guilty of a class “C” felony if the person thereby causes serious injury to any person; if no serious injury results, the person is guilty of a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 803, eff. Jan. 1, 1978. Amended by Acts 1981 (69 G.A.) ch. 204, § 4.


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


I.C.A. § 708.3A


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 708. Assault (Refs & Annos)

708.3A. Assaults on persons engaged in certain occupations


1. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, with the knowledge that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter and with the intent to inflict a serious injury upon the peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, is guilty of a class “D” felony.


2. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.


3. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.


4. Any other assault, as defined in section 708.1, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, is a serious misdemeanor.


5. As used in this section, the following definitions apply:


a. “Correctional staff” means a person who is not a peace officer but who is employed by the department of corrections or a judicial district department of correctional services to work at or in a correctional institution, community-based correctional facility, or an institution under the management of the Iowa department of corrections which is used for the purposes of confinement of persons who have committed public offenses.


b. “Employee of the department of human services” means a person who is an employee of an institution controlled by the director of human services that is listed in section 218.1, or who is an employee of the civil commitment unit for sex offenders operated by the department of human services. A person who commits an assault under this section against an employee of the department of human services at a department of human services institution or unit is presumed to know that the person against whom the assault is committed is an employee of the department of human services.


c. “Employee of the department of revenue” means a person who is employed as an auditor, agent, tax collector, or any contractor or representative acting in the same capacity. The employee, contractor, or representative shall maintain current identification indicating that the person is an employee, contractor, or representative of the department.


d. “Health care provider” means an emergency medical care provider as defined in chapter 147A or a person licensed or registered under chapter 148, 148C, 148D, or 152 who is providing or who is attempting to provide emergency medical services, as defined in section 147A.1, or who is providing or who is attempting to provide health services as defined in section 135.61 in a hospital. A person who commits an assault under this section against a health care provider in a hospital, or at the scene or during out-of-hospital patient transportation in an ambulance, is presumed to know that the person against whom the assault is committed is a health care provider.


e. “Jailer” means a person who is employed by a county or other political subdivision of the state to work at a county jail or other facility used for purposes of the confinement of persons who have committed public offenses, but who is not a peace officer.


CREDIT(S)


Added by Acts 1995 (76 G.A.) ch. 90, § 3. Amended by Acts 1996 (76 G.A.) ch. 1069, § 1; Acts 1998 (77 G.A.) ch. 1026, § 2; Acts 1999 (78 G.A.) ch. 64, § 1; Acts 2004 (80 G.A.) ch. 1135 §§ 1, 2; Acts 2005 (81 G.A.) ch. 3, S.F. 113, § 109; Acts 2005 (81 G.A.) ch. 140, S.F. 413, §§ 69, 70; Acts 2008 (82 G.A.) ch. 1088, S.F. 2338, § 140.


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


I.C.A. § 708.3B


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 708. Assault (Refs & Annos)

708.3B. Inmate assaults--bodily fluids or secretions


A person who, while confined in a jail or in an institution or facility under the control of the department of corrections, commits any of the following acts commits a class “D” felony:


1. An assault, as defined under section 708.1, upon an employee of the jail or institution or facility under the control of the department of corrections, which results in the employee's contact with blood, seminal fluid, urine, or feces.


2. An act which is intended to cause pain or injury or be insulting or offensive and which results in blood, seminal fluid, urine, or feces being cast or expelled upon an employee of the jail or institution or facility under the control of the department of corrections.


CREDIT(S)


Added by Acts 1997 (77 G.A.) ch. 79, § 1.


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


I.C.A. § 708.4


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 708. Assault (Refs & Annos)

708.4. Willful injury


Any person who does an act which is not justified and which is intended to cause serious injury to another commits the following:


1. A class “C” felony, if the person causes serious injury to another.


2. A class “D” felony, if the person causes bodily injury to another.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 804, eff. Jan. 1, 1978. Amended by Acts 1999 (78 G.A.) ch. 65, § 5.


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


I.C.A. § 708.5


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 708. Assault (Refs & Annos)

708.5. Administering harmful substances


Any person who administers to another or causes another to take, without the other person's consent or by threat or deception, and for other than medicinal purposes, any poisonous, stupefying, stimulating, depressing, tranquilizing, narcotic, hypnotic, hallucinating, or anesthetic substance in sufficient quantity to have such effect, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 805, eff. Jan. 1, 1978.


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


I.C.A. § 708.6


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 708. Assault (Refs & Annos)

708.6. Intimidation with a dangerous weapon


A person commits a class “C” felony when the person, with the intent to injure or provoke fear or anger in another, shoots, throws, launches, or discharges a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people, and thereby places the occupants or people in reasonable apprehension of serious injury or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out.


A person commits a class “D” felony when the person shoots, throws, launches, or discharges a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people, and thereby places the occupants or people in reasonable apprehension of serious injury or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out.


CREDIT(S)


Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 806, eff. Jan. 1, 1978. Amended by Acts 1981 (69 G.A.) ch. 204, § 5; Acts 1993 (75 G.A.) ch. 112, § 1, eff. May 11, 1993; Acts 2002 (79 G.A.) ch. 1075, § 8.


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


I.C.A. § 708.7


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 708. Assault (Refs & Annos)

708.7. Harassment


1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:


(1) Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.


(2) Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.


(3) Orders merchandise or services in the name of another, or to be delivered to another, without the other person's knowledge or consent.


(4) Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.


b. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, “personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.


2. a. A person commits harassment in the first degree when the person commits harassment involving a threat to commit a forcible felony, or commits harassment and has previously been convicted of harassment three or more times under this section or any similar statute during the preceding ten years.


b. Harassment in the first degree is an aggravated misdemeanor.


3. a. A person commits harassment in the second degree when the person commits harassment involving a threat to commit bodily injury, or commits harassment and has previously been convicted of harassment two times under this section or any similar statute during the preceding ten years.


b. Harassment in the second degree is a serious misdemeanor.


4. a. Any other act of harassment is harassment in the third degree.


b. Harassment in the third degree is a simple misdemeanor.


5. For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 807, eff. Jan. 1, 1978. Amended by Acts 1982 (69 G.A.) ch. 1209, § 19; Acts 1983 (70 G.A.) ch. 96, § 157, eff. July 1, 1983; Acts 1986 (71 G.A.) ch. 1238, § 28; Acts 1987 (72 G.A.) ch. 13, § 4; Acts 1989 (73 G.A.) ch. 226, § 1; Acts 1994 (75 G.A.) ch. 1093, § 3; Acts 2000 (78 G.A.) ch. 1132, § 3; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 53.


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


I.C.A. § 708.8


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 708. Assault (Refs & Annos)

708.8. Going armed with intent


A person who goes armed with any dangerous weapon with the intent to use without justification such weapon against the person of another commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 808, eff. Jan. 1, 1978.


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


I.C.A. § 708.9


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 708. Assault (Refs & Annos)

708.9. Spring guns and traps


Any person who in any place sets a spring gun or a trap which is intended to be sprung by a person and which can cause such person serious injury commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 809, eff. Jan. 1, 1978.


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


I.C.A. § 708.10


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 708. Assault (Refs & Annos)

708.10. Hazing


1. a. A person commits an act of hazing when the person intentionally or recklessly engages in any act or acts involving forced activity which endanger the physical health or safety of a student for the purpose of initiation or admission into, or affiliation with, any organization operating in connection with a school, college, or university. Prohibited acts include, but are not limited to, any brutality of a physical nature such as whipping, forced confinement, or any other forced activity which endangers the physical health or safety of the student.


b. For purposes of this section, “forced activity” means any activity which is a condition of initiation or admission into, or affiliation with, an organization, regardless of a student's willingness to participate in the activity.


2. A person who commits an act of hazing is guilty of a simple misdemeanor.


3. A person who commits an act of hazing which causes serious bodily injury to another is guilty of a serious misdemeanor.


CREDIT(S)


Added by Acts 1989 (73 G.A.) ch. 41, § 1.


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


I.C.A. § 708.11


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 708. Assault (Refs & Annos)

708.11. Stalking


1. As used in this section, unless the context otherwise requires:


a. “Accompanying offense” means any public offense committed as part of the course of conduct engaged in while committing the offense of stalking.


b. “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.


c. “Immediate family member” means a spouse, parent, child, sibling, or any other person who regularly resides in the household of a specific person, or who within the prior six months regularly resided in the household of a specific person.


d. “Repeatedly” means on two or more occasions.


2. A person commits stalking when all of the following occur:


a. The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to, or the death of, that specific person or a member of the specific person's immediate family.


b. The person has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to, or the death of, that specific person or a member of the specific person's immediate family by the course of conduct.


c. The person's course of conduct induces fear in the specific person of bodily injury to, or the death of, the specific person or a member of the specific person's immediate family.


3. a. A person who commits stalking in violation of this section commits a class “C” felony for a third or subsequent offense.


b. A person who commits stalking in violation of this section commits a class “D” felony if any of the following apply:


(1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.


(2) The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.


(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.


(4) The offense is a second offense.


c. A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph “b”.


4. Violations of this section and accompanying offenses shall be considered prior offenses for the purpose of determining whether an offense is a second or subsequent offense. A conviction for, deferred judgment for, or plea of guilty to a violation of this section or an accompanying offense which occurred at any time prior to the date of the violation charged shall be considered in determining that the violation charged is a second or subsequent offense. Deferred judgments pursuant to section 907.3 for violations of this section or accompanying offenses and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section or accompanying offenses shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and its accompanying offenses and can therefore be considered corresponding statutes. Each previous violation of this section or an accompanying offense on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be considered and counted as a separate previous offense. In addition, however, accompanying offenses committed as part of the course of conduct engaged in while committing the violation of stalking charged shall be considered prior offenses for the purpose of that violation, even though the accompanying offenses occurred at approximately the same time. An offense shall be considered a second or subsequent offense regardless of whether it was committed upon the same person who was the victim of any other previous offense.


5. Notwithstanding section 804.1, rule of criminal procedure 2.7, Iowa court rules, or any other provision of law to the contrary, upon the filing of a complaint and a finding of probable cause to believe an offense has been committed in violation of this section, or after the filing of an indictment or information alleging a violation of this section, the court shall issue an arrest warrant, rather than a citation or summons. A peace officer shall not issue a citation in lieu of arrest for a violation of this section. Notwithstanding section 804.21 or any other provision of law to the contrary, a person arrested for stalking shall be immediately taken into custody and shall not be released pursuant to pretrial release guidelines, a bond schedule, or any similar device, until after the initial appearance before a magistrate. In establishing the conditions of release, the magistrate may consider the defendant's prior criminal history, in addition to the other factors provided in section 811.2.


6. For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1179, § 1. Amended by Acts 1994 (75 G.A.) ch. 1093, § 4; Acts 1998 (77 G.A.) ch. 1021, § 4; Acts 2002 (79 G.A.) ch. 1119, § 106; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 54.


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


I.C.A. § 708.12


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 708. Assault (Refs & Annos)

708.12. Repealed by Acts 2006 (81 G.A.) ch. 1101, H.F. 2652, § 21


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


I.C.A. § 708.13


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 708. Assault (Refs & Annos)

708.13 Disarming a peace officer of a dangerous weapon


1. A person who knowingly or intentionally removes or attempts to remove a dangerous weapon, as defined in section 702.7, from the possession of a peace officer, as defined in section 724.2A, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be a peace officer, commits the offense of disarming a peace officer.


2. A person who disarms or attempts to disarm a peace officer is guilty of a class “D” felony.


3. A person who discharges the dangerous weapon while disarming or attempting to disarm the peace officer commits a class “C” felony.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 44, § 1.


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


I.C.A. § 708.14


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 708. Assault (Refs & Annos)

708.14. Abuse of a corpse


1. A person commits abuse of a human corpse if the person does any of the following:


a. Mutilates, disfigures, or dismembers a human corpse with the intent to conceal a crime.


b. Hides or buries a human corpse with the intent to conceal a crime.


2. A person who violates this section commits a class “D” felony.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1074, H.F. 2392, § 3.


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


I.C.A. § 708.15


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 708. Assault (Refs & Annos)

708.15. Sexual motivation


A person convicted of any indictable offense under this chapter shall be required to register as a sex offender pursuant to the provisions of chapter 692A, if the offense was committed against a minor and the fact finder makes a determination that the offense was sexually motivated pursuant to section 692A.126.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 15, eff. March 26, 2010.


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


I.C.A. T. XVI, Subt. 1, Ch. 708A, 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 708A. Terrorism



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


I.C.A. § 708A.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 708A. Terrorism (Refs & Annos)

708A.1. Definitions


For purposes of this chapter:


1. “Material support or resources” means knowingly assisting or providing money, financial securities, financial services, lodging, training, safe houses, false documentation or identification, communication equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials, for the purpose of assisting a person in the commission of an act of terrorism.


2. “Renders criminal assistance” means a person who, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, knowingly does any of the following acts:


a. Destroys, alters, conceals, or disguises physical evidence which would be admissible in the trial of another for a public offense, or makes available false evidence or furnishes false information with the intent that it be used in the trial of that case.


b. Induces a witness having knowledge material to the subject at issue to leave the state or hide, or to fail to appear when subpoenaed.


c. Provides concealment or warns of impending apprehension to any person being sought for the subject at issue.


d. Provides a weapon, disguise, transportation, or money to any person being sought for the subject at issue.


e. Prevents or obstructs, by means of force, intimidation, or deception, another person from performing an act which might aid in the apprehension or prosecution or defense of any person.


3. “Terrorism” means an act intended to intimidate or coerce a civilian population, or to influence the policy of a unit of government by intimidation or coercion, or to affect the conduct of a unit of government, by shooting, throwing, launching, discharging, or otherwise using a dangerous weapon at, into, or in a building, vehicle, airplane, railroad engine, railroad car, or boat, occupied by another person, or within an assembly of people. The terms “intimidate”, “coerce”, “intimidation”, and “coercion”, as used in this definition, are not to be construed to prohibit picketing, public demonstrations, and similar forms of expressing ideas or views regarding legitimate matters of public interest protected by the United States and Iowa Constitutions.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1075, § 2.


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


I.C.A. § 708A.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 708A. Terrorism (Refs & Annos)

708A.2. Terrorism


A person who commits or attempts to commit an act of terrorism commits a class “B” felony. However, notwithstanding section 902.9, subsection 2, the maximum sentence for a person convicted under this section shall be a period of confinement of not more than fifty years.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1075, § 3.


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


I.C.A. § 708A.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 708A. Terrorism (Refs & Annos)

708A.3. Value for purposes of material support and resources


The value of property or services is its highest value by any reasonable standard at the time the material support or resources is given. Any reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.


If credit, property, or services are obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the material support or resources are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single act of support or resources and the value may be the total value of all credit, property, and services involved.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1075, § 4.


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


I.C.A. § 708A.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 708A. Terrorism (Refs & Annos)

708A.4. Soliciting or providing material support or resources for terrorism


1. A person who provides material support or resources to a person who commits or attempts to commit terrorism and the value of the material support or resources is in excess of one thousand dollars commits a class “B” felony.


2. A person who provides material support or resources to a person who commits or attempts to commit terrorism and the value of the material support or resources does not exceed one thousand dollars commits a class “C” felony.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1075, § 5.


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


I.C.A. § 708A.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 708A. Terrorism (Refs & Annos)

708A.5. Threat of terrorism


A person who threatens to commit terrorism or threatens to cause terrorism to be committed and who causes a reasonable expectation or fear of the imminent commission of such an act of terrorism commits a class “D” felony.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1075, § 6.


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


I.C.A. § 708A.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 708A. Terrorism (Refs & Annos)

708A.6. Obstruction of terrorism prosecution


1. A person who renders criminal assistance to another person who commits terrorism that results in the murder of a third person while knowing that the other person was engaged in terrorism commits a class “B” felony.


2. A person who renders criminal assistance to another person who commits terrorism while knowing that the other person was engaged in an act of terrorism commits a class “C” felony.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1075, § 7.


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


I.C.A. T. XVI, Subt. 1, Ch. 708B, 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 708B. Biological Agents or Diseases



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


I.C.A. § 708B.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 708B. Biological Agents or Diseases (Refs & Annos)

708B.1. Anthrax


1. Unlawful possession.Any person who knowingly possesses bacillus anthracis or any substance containing bacillus anthracis is guilty of a class “C” felony.


2. Unlawful distribution.Any person who knowingly distributes bacillus anthracis or any substance containing bacillus anthracis to any other person, which may or may not cause exposure to bacillus anthracis, is guilty of a class “B” felony.


3. Exceptions.This section shall not apply to a person who possesses or distributes bacillus anthracis or any substance containing bacillus anthracis which is being used solely for a purpose which is lawfully authorized under federal law.


CREDIT(S)


Transferred from § 126.24 pursuant to Code Editor directive by Acts 2003 (80 G.A.) ch. 44, § 115.


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


I.C.A. T. XVI, Subt. 1, Ch. 709, 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 709. Sexual Abuse



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


I.C.A. § 709.1


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 709. Sexual Abuse (Refs & Annos)

709.1. Sexual abuse defined


Any sex act between persons is sexual abuse by either of the persons when the act is performed with the other person in any of the following circumstances:


1. The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other.


2. Such other person is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.


3. Such other person is a child.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 901, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1188, § 1; Acts 1999 (78 G.A.) ch. 159, § 1.


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


I.C.A. § 709.1A


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 709. Sexual Abuse (Refs & Annos)

709.1A. Incapacitation


As used in this chapter, “incapacitated” means a person is disabled or deprived of ability, as follows:


1. “Mentally incapacitated” means that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.


2. “Physically helpless” means that a person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.


3. “Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person's ability to resist or flee.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 159, § 2.


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


I.C.A. § 709.2


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 709. Sexual Abuse (Refs & Annos)

709.2. Sexual abuse in the first degree


A person commits sexual abuse in the first degree when in the course of committing sexual abuse the person causes another serious injury.


Sexual abuse in the first degree is a class “A” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 902, eff. Jan. 1, 1978.


VALIDITY


<The validity of this section was called into doubt in the case of Graham v. Florida, 130 S.Ct. 2011 (U.S. May 17, 2010). >


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


I.C.A. § 709.3


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 709. Sexual Abuse (Refs & Annos)

709.3. Sexual abuse in the second degree


A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:


1. During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.


2. The other person is under the age of twelve.


3. The person is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person against whom the sex act is committed.


Sexual abuse in the second degree is a class “B” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 903, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1188, § 2; Acts 1999 (78 G.A.) ch. 159, § 3.


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


I.C.A. § 709.4


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 709. Sexual Abuse (Refs & Annos)

709.4. Sexual abuse in the third degree


A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:


1. The act is done by force or against the will of the other person, whether or not the other person is the person's spouse or is cohabiting with the person.


2. The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:


a. The other person is suffering from a mental defect or incapacity which precludes giving consent.


b. The other person is twelve or thirteen years of age.


c. The other person is fourteen or fifteen years of age and any of the following are true:


(1) The person is a member of the same household as the other person.


(2) The person is related to the other person by blood or affinity to the fourth degree.


(3) The person is in a position of authority over the other person and uses that authority to coerce the other person to submit.


(4) The person is four or more years older than the other person.


3. The act is performed while the other person is under the influence of a controlled substance, which may include but is not limited to flunitrazepam, and all of the following are true:


a. The controlled substance, which may include but is not limited to flunitrazepam, prevents the other person from consenting to the act.


b. The person performing the act knows or reasonably should have known that the other person was under the influence of the controlled substance, which may include but is not limited to flunitrazepam.


4. The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless.


Sexual abuse in the third degree is a class “C” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 904, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 12, eff. Jan. 1, 1978; Acts 1978 (67 G.A.) ch. 1029, §§ 47, 48; Acts 1989 (73 G.A.) ch. 138, § 3; Acts 1994 (75 G.A.) ch. 1128, § 1; Acts 1997 (77 G.A.) ch. 78, § 1; Acts 1999 (78 G.A.) ch. 159, § 4.


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


I.C.A. § 709.5


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 709. Sexual Abuse (Refs & Annos)

709.5. Resistance to sexual abuse


Under the provisions of this chapter it shall not be necessary to establish physical resistance by a person in order to establish that an act of sexual abuse was committed by force or against the will of the person. However, the circumstances surrounding the commission of the act may be considered in determining whether or not the act was done by force or against the will of the other.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 905, eff. Jan. 1, 1978. Amended by Acts 1999 (78 G.A.) ch. 159, § 5.


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


I.C.A. § 709.6


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 709. Sexual Abuse (Refs & Annos)

709.6. Jury instructions for offenses of sexual abuse


No instruction shall be given in a trial for sexual abuse cautioning the jury to use a different standard relating to a victim's testimony than that of any other witness to that offense or any other offense.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 906, eff. Jan. 1, 1978.


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


I.C.A. § 709.7


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 709. Sexual Abuse (Refs & Annos)

709.7. Repealed by Acts 2010 (83 G.A.) ch. 1043, H.F. 2286, § 3


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


I.C.A. § 709.8


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 709. Sexual Abuse (Refs & Annos)

709.8. Lascivious acts with a child


It is unlawful for any person sixteen years of age or older to perform any of the following acts with a child with or without the child's consent unless married to each other, for the purpose of arousing or satisfying the sexual desires of either of them:


1. Fondle or touch the pubes or genitals of a child.


2. Permit or cause a child to fondle or touch the person's genitals or pubes.


3. Solicit a child to engage in a sex act or solicit a person to arrange a sex act with a child.


4. Inflict pain or discomfort upon a child or permit a child to inflict pain or discomfort on the person.


Any person who violates a provision of this section involving an act included in subsection 1 or 2 shall, upon conviction, be guilty of a class “C” felony. Any person who violates a provision of this section involving an act included in subsection 3 or 4 shall, upon conviction, be guilty of a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 908, eff. Jan. 1, 1978. Amended by Acts 1985 (71 G.A.) ch. 181, § 1; Acts 1996 (76 G.A.) ch. 1062, § 1; Acts 2000 (78 G.A.) ch. 1165, § 1; Acts 2005 (81 G.A.) ch. 158, H.F. 619, § 35.


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


I.C.A. § 709.9


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 709. Sexual Abuse (Refs & Annos)

709.9. Indecent exposure


A person who exposes the person's genitals or pubes to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if:


1. The person does so to arouse or satisfy the sexual desires of either party; and


2. The person knows or reasonably should know that the act is offensive to the viewer.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245, (ch. 1), § 909, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 13, eff. Jan. 1, 1978.


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


I.C.A. § 709.10


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 709. Sexual Abuse (Refs & Annos)

709.10. Sexual abuse--evidence


1. When an alleged victim of sexual abuse consents to undergo a sexual abuse examination and to having the evidence preserved, a sexual abuse evidence collection kit must be collected and properly stored with the law enforcement agency under whose jurisdiction the offense occurred or with the agency collecting the evidence to ensure that the chain of custody is complete and sufficient.


2. If an alleged victim of sexual abuse has not filed a complaint and a sexual abuse evidence collection kit has been completed, the kit must be stored by the law enforcement agency for a minimum of ten years. In addition, if the alleged victim does not want their name recorded on the sexual abuse collection kit, a case number or other identifying information shall be assigned to the kit in place of the name of the alleged victim.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1055, § 1.


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


I.C.A. § 709.11


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 709. Sexual Abuse (Refs & Annos)

709.11. Assault with intent to commit sexual abuse


Any person who commits an assault, as defined in section 708.1, with the intent to commit sexual abuse is guilty of a class “C” felony if the person thereby causes serious injury to any person and guilty of a class “D” felony if the person thereby causes any person a bodily injury other than a serious injury. The person is guilty of an aggravated misdemeanor if no injury results.


CREDIT(S)


Added by Acts 1981 (69 G.A.) ch. 204, § 6.


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


I.C.A. § 709.12


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 709. Sexual Abuse (Refs & Annos)

709.12. Indecent contact with a child


A person eighteen years of age or older is upon conviction guilty of an aggravated misdemeanor if the person commits any of the following acts with a child, not the person's spouse, with or without the child's consent, for the purpose of arousing or satisfying the sexual desires of either of them:


1. Fondle or touch the inner thigh, groin, buttock, anus, or breast of the child.


2. Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast of the child.


3. Solicit or permit a child to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person.


4. Solicit a child to engage in any act prohibited under section 709.8, subsection 1, 2, or 4.


The provisions of this section shall also apply to a person sixteen or seventeen years of age who commits any of the enumerated acts with a child who is at least five years the person's junior, in which case the juvenile court shall have jurisdiction under chapter 232.


CREDIT(S)


Added by Acts 1981 (69 G.A.) ch. 204, § 7. Amended by Acts 1985 (71 G.A.) ch. 181, § 2; Acts 1988 (72 G.A.) ch. 1252, § 4.


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


I.C.A. § 709.13


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 709. Sexual Abuse (Refs & Annos)

709.13. Child in need of assistance complaints


During or following an investigation into allegations of violations of this chapter or of chapter 726 or 728 involving an alleged victim under the age of eighteen and an alleged offender who is not a person responsible for the care of the child, anyone with knowledge of the alleged offense may file a complaint pursuant to section 232.83 alleging the child to be a child in need of assistance. In all cases, the complaint shall be filed by any peace officer with knowledge of the investigation when the peace officer has reason to believe that the alleged victim may require treatment as a result of the alleged offense and that the child's parent, guardian, or custodian will be unwilling or unable to provide the treatment.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1252, § 5.


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


I.C.A. § 709.14


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 709. Sexual Abuse (Refs & Annos)

709.14. Lascivious conduct with a minor


It is unlawful for a person over eighteen years of age who is in a position of authority over a minor to force, persuade, or coerce a minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them.


Lascivious conduct with a minor is a serious misdemeanor.


CREDIT(S)


Added by Acts 1989 (73 G.A.) ch. 105, § 2.


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


I.C.A. § 709.15


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 709. Sexual Abuse (Refs & Annos)

709.15. Sexual exploitation by a counselor, therapist, or school employee


1. As used in this section:


a. “Counselor or therapist” means a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, member of the clergy, or any other person, whether or not licensed or registered by the state, who provides or purports to provide mental health services.


b. “Emotionally dependent” means that the nature of the patient's or client's or former patient's or client's emotional condition or the nature of the treatment provided by the counselor or therapist is such that the counselor or therapist knows or has reason to know that the patient or client or former patient or client is significantly impaired in the ability to withhold consent to sexual conduct, as described in subsection 2, by the counselor or therapist.


For the purposes of subsection 2, a former patient or client is presumed to be emotionally dependent for one year following the termination of the provision of mental health services.


c. “Former patient or client” means a person who received mental health services from the counselor or therapist.


d. “Mental health service” means the treatment, assessment, or counseling of another person for a cognitive, behavioral, emotional, mental, or social dysfunction, including an intrapersonal or interpersonal dysfunction.


e. “Patient or client” means a person who receives mental health services from the counselor or therapist.


f. “School employee” means a practitioner as defined in section 272.1.


g. “Student” means a person who is currently enrolled in or attending a public or nonpublic elementary or secondary school, or who was a student enrolled in or who attended a public or nonpublic elementary or secondary school within thirty days of any violation of subsection 3.


2. Sexual exploitation by a counselor or therapist occurs when any of the following are found:


a. A pattern or practice or scheme of conduct to engage in any of the conduct described in paragraph “b” or “c”.


b. Any sexual conduct, with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client, which includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.


c. Any sexual conduct with a patient or client or former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the patient or client or former patient or client which includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.


Sexual exploitation by a counselor or therapist does not include touching which is part of a necessary examination or treatment provided a patient or client by a counselor or therapist acting within the scope of the practice or employment in which the counselor or therapist is engaged.


3. Sexual exploitation by a school employee occurs when any of the following are found:


a. A pattern or practice or scheme of conduct to engage in any of the conduct described in paragraph “b”.


b. Any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the school employee or the student. Sexual conduct includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.


Sexual exploitation by a school employee does not include touching that is necessary in the performance of the school employee's duties while acting within the scope of employment.


4. a. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph “a”, commits a class “D” felony.


b. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph “b”, commits an aggravated misdemeanor.


c. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph “c”, commits a serious misdemeanor. In lieu of the sentence provided for under section 903.1, subsection 1, paragraph “b”, the offender may be required to attend a sexual abuser treatment program.


5. a. A school employee who commits sexual exploitation in violation of subsection 3, paragraph “a”, commits a class “D” felony.


b. A school employee who commits sexual exploitation in violation of subsection 3, paragraph “b”, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 130, § 2. Amended by Acts 1992 (74 G.A.) ch. 1163, § 119; Acts 1992 (74 G.A.) ch. 1199, §§ 2 to 6; Acts 2003 (80 G.A.) ch. 180, § 65; Acts 2004 (80 G.A.) ch. 1086, § 102.


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


I.C.A. § 709.16


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 709. Sexual Abuse (Refs & Annos)

709.16. Sexual misconduct with offenders and juveniles


1. An officer, employee, contractor, vendor, volunteer, or agent of the department of corrections, or an officer, employee, or agent of a judicial district department of correctional services, who engages in a sex act with an individual committed to the custody of the department of corrections or a judicial district department of correctional services commits an aggravated misdemeanor.


2. An officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such facility commits an aggravated misdemeanor.


For purposes of this subsection, a “juvenile placement facility” means any of the following:


a. A child foster care facility licensed under section 237.4.


b. Institutions controlled by the department of human services listed in section 218.1.


c. Juvenile detention and juvenile shelter care homes approved under section 232.142.


d. Psychiatric medical institutions for children licensed under chapter 135H.


e. Substance abuse facilities as defined in section 125.2.


3. An officer, employee, contractor, vendor, volunteer, or agent of a county who engages in a sex act with a prisoner incarcerated in a county jail commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 219, § 21. Amended by Acts 1998 (77 G.A.) ch. 1094, § 1.


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


I.C.A. § 709.17


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 709. Sexual Abuse (Refs & Annos)

709.17. Repealed by Acts 1998 (77 G.A.) ch. 1090, § 80, eff. Jan. 1, 1999


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


I.C.A. § 709.18


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 709. Sexual Abuse (Refs & Annos)

709.18. Sexual abuse of a corpse


1. A person commits sexual abuse of a human corpse if the person knowingly and intentionally engages in a sex act, as defined in section 702.17, with a human corpse.


2. A person who violates this section commits a class “D” felony.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1006, § 1. Amended by Acts 2007 (82 G.A.) ch. 91, H.F. 432, § 2; Acts 2010 (83 G.A.) ch. 1074, H.F. 2392, § 4.


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


I.C.A. § 709.19


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 709. Sexual Abuse (Refs & Annos)

709.19. No-contact order upon defendant's release from jail or prison


1. Upon the filing of an affidavit by a victim, or a parent or guardian on behalf of a minor who is a victim, of a crime that is a sexual offense in violation of section 709.2, 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, or 709.16, that states that the presence of or contact with the defendant whose release from jail or prison is imminent or who has been released from jail or prison continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim's immediate family, the court shall enter a temporary no-contact order which shall require the defendant to have no contact with the victim, persons residing with the victim, or members of the victim's immediate family.


2. A temporary restraining order issued under this section shall expire at such time as the court directs, not to exceed ten days from the date of issuance. The court, for good cause shown before expiration of the order, may extend the expiration date of the order for up to ten days, or for a longer period agreed to by the adverse party.


3. Upon motion of the party, the court shall issue a no-contact order which shall require the defendant to have no contact with the victim, persons residing with the victim, or members of the victim's immediate family if the court, after a hearing, finds by a preponderance of the evidence, that the defendant poses a threat to the safety of the victim, persons residing with the victim, or members of the victim's immediate family.


4. A no-contact order shall set forth the reasons for the issuance of the order, be specific in terms, and describe in reasonable detail the purpose of the order.


5. The court shall set the duration of the no-contact order for the period it determines is necessary to protect the safety of the victim, persons residing with the victim, or members of the victim's immediate family, but the duration shall not be set for a period in excess of one year from the date of the issuance of the order. The victim, at any time within ninety days before the expiration of the order, may apply for a new no-contact order under this section.


6. Violation of a no-contact order issued under this section constitutes contempt of court and may be punished by contempt proceedings.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1085, § 1. Amended by Acts 2003 (80 G.A.) ch. 108, § 113.


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


I.C.A. § 709.20


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 709. Sexual Abuse (Refs & Annos)

709.20. Repealed by Acts 2006 (81 G.A.) ch. 1101, H.F. 2652, § 21


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


I.C.A. § 709.21


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 709. Sexual Abuse (Refs & Annos)

709.21. Invasion of privacy--nudity


1. A person who knowingly views, photographs, or films another person, for the purpose of arousing or gratifying the sexual desire of any person, commits invasion of privacy if all of the following apply:


a. The other person does not have knowledge about and does not consent or is unable to consent to being viewed, photographed, or filmed.


b. The other person is in a state of full or partial nudity.


c. The other person has a reasonable expectation of privacy while in a state of full or partial nudity.


2. As used in this section:


a. “Full or partial nudity” means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.


b. “Photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.


3. A person who violates this section commits a serious misdemeanor.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1099, § 1.


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


I.C.A. § 709.22


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 709. Sexual Abuse (Refs & Annos)

709.22. Prevention of further sexual assault--notification of rights


1. If a peace officer has reason to believe that a sexual assault as defined in section 915.40 has occurred, the officer shall use all reasonable means to prevent further violence including but not limited to the following:


a. If requested, remaining on the scene of the alleged sexual assault as long as there is a danger to the victim's physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit or residence when it is the scene of the alleged sexual assault, or if unable to remain on the scene, assisting the victim in leaving the scene.


b. Assisting a victim in obtaining medical treatment necessitated by the sexual assault, including providing assistance to the victim in obtaining transportation to the emergency room of the nearest hospital.


c. Providing a victim with immediate and adequate notice of the victim's rights. The notice shall consist of handing the victim a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains a copy of the following statement written in English and Spanish; asking the victim to read the statement; and asking whether the victim understands the rights:


(1) You have the right to ask the court for help with any of the following on a temporary basis:


(a) Keeping your attacker away from you, your home, and your place of work.


(b) The right to stay at your home without interference from your attacker.


(c) The right to seek a no-contact order under section 664A.3 or 915.22, if your attacker is arrested for sexual assault.


(2) You have the right to register as a victim with the county attorney under section 915.12.


(3) You have the right to file a complaint for threats, assaults, or other related crimes.


(4) You have the right to seek restitution against your attacker for harm to you or your property.


(5) You have the right to apply for victim compensation.


(6) You have the right to contact the county attorney or local law enforcement to determine the status of your case.


(7) If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.


(8) You have the right to a sexual assault examination performed at state expense.


(9) You have the right to request the presence of a victim counselor, as defined in section 915.20A, at any proceeding related to an assault including a medical examination.


(10) If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and other affected parties can leave or until safety is otherwise ensured.


2. A peace officer is not civilly or criminally liable for actions taken in good faith pursuant to this section.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 158, H.F. 619, § 45. Amended by Acts 2006 (81 G.A.) ch. 1101, H.F. 2652, § 15; Acts 2008 (82 G.A.) ch. 1068, S.F. 2335, § 1; Acts 2009 (83 G.A.) ch. 133, S.F. 449, §§ 176, 177.


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


I.C.A. § 709.23


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 709. Sexual Abuse (Refs & Annos)

709.23 to 709.25. 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. § 709.24


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 709. Sexual Abuse (Refs & Annos)

709.23 to 709.25. 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. § 709.25


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 709. Sexual Abuse (Refs & Annos)

709.23 to 709.25. 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. 709A, 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 709A. Contributing to Juvenile Delinquency



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


I.C.A. § 709A.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 709A. Contributing to Juvenile Delinquency (Refs & Annos)

709A.1. Contributing to delinquency


It shall be unlawful:


1. To encourage any child under eighteen years of age to commit any act of delinquency defined in chapter 232.


2. To knowingly send, cause to be sent, or induce to go, any child under the age of eighteen to any of the following:


a. A brothel or other premises used for the purposes of prostitution, with the intent that the child engage the services of a prostitute.


b. An unlicensed premises where alcoholic liquor, wine, or beer is unlawfully sold or kept for sale.


c. Any premises the use of which constitutes a violation of chapter 717A, or section 725.5 or 725.10.


3. To knowingly encourage, contribute, or in any manner cause such child to violate any law of this state, or any ordinance of any city.


4. To knowingly permit, encourage, or cause such child to be guilty of any vicious or immoral conduct.


5. For a parent willfully to fail to support the parent's child under eighteen years of age whom the parent has a legal obligation to support.


CREDIT(S)


Transferred from § 233.1 by the Code Editor for Code 1993. Amended by Acts 2004 (80 G.A.) ch. 1056, § 2, eff. April 9, 2004; Acts 2004 (80 G.A.) ch. 1056, § 2;Acts 2004 (80 G.A.) ch. 1175, § 389.


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


I.C.A. § 709A.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 709A. Contributing to Juvenile Delinquency (Refs & Annos)

709A.2. Penalty--not a bar


A violation of section 709A.1 is a simple misdemeanor. A conviction does not bar a prosecution of the convicted person for an indictable offense when the acts which caused or contributed to the delinquency or dependency of the child are indictable.


CREDIT(S)


Transferred from § 233.2 by the Code Editor for Code 1993.


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


I.C.A. § 709A.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 709A. Contributing to Juvenile Delinquency (Refs & Annos)

709A.3. Suspension of sentence


Upon said conviction being had, the court may, for a period not exceeding two years, suspend sentence under such conditions as to good behavior as it may prescribe. Should said conditions be fulfilled, the court may at any time enter an order setting said conviction aside and wholly releasing the defendant therefrom. Should said condition be not fulfilled to the satisfaction of the court, an order of sentence may at any time be entered which shall be effective from the date thereof.


CREDIT(S)


Transferred from § 233.3 by the Code Editor for Code 1993.


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


I.C.A. § 709A.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 709A. Contributing to Juvenile Delinquency (Refs & Annos)

709A.4. Preliminary examination


If, in proceedings in juvenile court, it appears probable that an indictable offense has been committed and that the commission thereof caused, or contributed to, the delinquency or dependency of such a child, said court may order the issuance of a warrant for the arrest of such suspected person, and on the appearance of such person said court may proceed to hold a preliminary examination, and in so doing shall exercise all the powers of a committing magistrate.


CREDIT(S)


Transferred from § 233.4 by the Code Editor for Code 1993.


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


I.C.A. § 709A.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 709A. Contributing to Juvenile Delinquency (Refs & Annos)

709A.5. Interpretative clause


For the purposes of this chapter the word “dependency” shall mean all the conditions as enumerated in section 232.2, subsection 6.


CREDIT(S)


Transferred from § 233.5 by the Code Editor for Code 1993.


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


I.C.A. § 709A.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 709A. Contributing to Juvenile Delinquency (Refs & Annos)

709A.6. Using a juvenile to commit certain offenses


1. As used in this section, unless the context otherwise requires, “profit” means a monetary gain, monetary advantage, or monetary benefit.


2. It is unlawful for a person to act with, enter into a common scheme or design with, conspire with, recruit or use a person under the age of eighteen, through threats, monetary payment, or other means, to commit an indictable offense for the profit of the person acting with, entering into the common scheme or design with, conspiring with, recruiting or using the juvenile. A person who violates this section commits a class “C” felony.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1231, § 34. Amended by Acts 1995 (76 G.A.) ch. 191, § 50.


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


I.C.A. T. XVI, Subt. 1, Ch. 709B, 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 709B. Tests for Certain Sexual Offenders [Repealed]



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


I.C.A. § 709B.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 709B. Tests for Certain Sexual Offenders [Repealed] (Refs & Annos)

709B.1 to 709B.3. Repealed by Acts 1998 (77 G.A.) ch. 1090, § 82, eff. Jan. 1, 1999


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


I.C.A. § 709B.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 709B. Tests for Certain Sexual Offenders [Repealed] (Refs & Annos)

709B.1 to 709B.3. Repealed by Acts 1998 (77 G.A.) ch. 1090, § 82, eff. Jan. 1, 1999


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


I.C.A. § 709B.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 709B. Tests for Certain Sexual Offenders [Repealed] (Refs & Annos)

709B.1 to 709B.3. Repealed by Acts 1998 (77 G.A.) ch. 1090, § 82, eff. Jan. 1, 1999


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


I.C.A. T. XVI, Subt. 1, Ch. 709C, 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 709C. Criminal Transmission of Human Immunodeficiency Virus



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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.1. Criminal transmission of human immunodeficiency virus


1. A person commits criminal transmission of the human immunodeficiency virus if the person, knowing that the person's human immunodeficiency virus status is positive, does any of the following:


a. Engages in intimate contact with another person.


b. Transfers, donates, or provides the person's blood, tissue, semen, organs, or other potentially infectious bodily fluids for transfusion, transplantation, insemination, or other administration to another person.


c. Dispenses, delivers, exchanges, sells, or in any other way transfers to another person any nonsterile intravenous or intramuscular drug paraphernalia previously used by the person infected with the human immunodeficiency virus.


2. For the purposes of this section:


a. “Human immunodeficiency virus” means the human immunodeficiency virus identified as the causative agent of acquired immune deficiency syndrome.


b. “Intimate contact” means the intentional exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of the human immunodeficiency virus.


c. “Intravenous or intramuscular drug paraphernalia” means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into or withdrawing a bodily fluid from the human body.


3. Criminal transmission of the human immunodeficiency virus is a class “B” felony.


4. This section shall not be construed to require that an infection with the human immunodeficiency virus has occurred for a person to have committed criminal transmission of the human immunodeficiency virus.


5. It is an affirmative defense that the person exposed to the human immunodeficiency virus knew that the infected person had a positive human immunodeficiency virus status at the time of the action of exposure, knew that the action of exposure could result in transmission of the human immunodeficiency virus, and consented to the action of exposure with that knowledge.


CREDIT(S)


Added by Acts 1998 (77 G.A.) ch. 1087, § 7.


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. § 709C.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 709C. Criminal Transmission of Human Immunodeficiency Virus (Refs & Annos)

709C.2 to 709C.12. Repealed by Acts 1996 (76 G.A.) ch. 1082, §§ 7 to 8


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


I.C.A. T. XVI, Subt. 1, Ch. 710, 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 710. Kidnapping and Related Offenses



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


I.C.A. § 710.1


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.1. Kidnapping defined


A person commits kidnapping when the person either confines a person or removes a person from one place to another, knowing that the person who confines or removes the other person has neither the authority nor the consent of the other to do so; provided, that to constitute kidnapping the act must be accompanied by one or more of the following:


1. The intent to hold such person for ransom.


2. The intent to use such person as a shield or hostage.


3. The intent to inflict serious injury upon such person, or to subject the person to a sexual abuse.


4. The intent to secretly confine such person.


5. The intent to interfere with the performance of any government function.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1001, eff. Jan. 1, 1978.


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


I.C.A. § 710.2


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.2. Kidnapping in the first degree


Kidnapping is kidnapping in the first degree when the person kidnapped, as a consequence of the kidnapping, suffers serious injury, or is intentionally subjected to torture or sexual abuse.


Kidnapping in the first degree is a class “A” felony.


For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1002, eff. Jan. 1, 1978. Amended by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 55.


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


I.C.A. § 710.3


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.3. Kidnapping in the second degree


Kidnapping where the purpose is to hold the victim for ransom or where the kidnapper is armed with a dangerous weapon is kidnapping in the second degree. Kidnapping in the second degree is a class “B” felony.


For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1003, eff. Jan. 1, 1978. Amended by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 56.


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


I.C.A. § 710.4


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.4. Kidnapping in the third degree


All other kidnappings are kidnappings in the third degree. Kidnapping in the third degree is a class “C” felony.


For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1004, eff. Jan. 1, 1978. Amended by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 57.


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


I.C.A. § 710.5


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.5. Child stealing


A person commits a class “C” felony when, knowing that the person has no authority to do so, the person forcibly or fraudulently takes, decoys, or entices away any child with intent to detain or conceal such child from its parents or guardian, or other persons or institution having the lawful custody of such child, unless the person is a relative of such child, and the person's sole purpose is to assume custody of such child.


For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1005, eff. Jan. 1, 1978. Amended by Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 58.


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


I.C.A. § 710.6


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.6. Violating custodial order


A relative of a child who, acting in violation of an order of any court which fixes, permanently or temporarily, the custody or physical care of the child in another, takes and conceals the child, within or outside the state, from the person having lawful custody or physical care, commits a class “D” felony.


A parent of a child living apart from the other parent who conceals that child or causes that child's whereabouts to be unknown to a parent with visitation rights or parental time in violation of a court order granting visitation rights or parental time and without the other parent's consent, commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1006, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1029, § 49; Acts 1985 (71 G.A.) ch. 132, § 1; Acts 1986 (71 G.A.) ch. 1145, § 1.


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


I.C.A. § 710.7


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.7. False imprisonment


A person commits false imprisonment when, having no reasonable belief that the person has any right or authority to do so, the person intentionally confines another against the other's will. A person is confined when the person's freedom to move about is substantially restricted by force, threat, or deception. False imprisonment is a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1007, eff. Jan. 1, 1978.


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


I.C.A. § 710.8


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.8. Harboring a runaway child prohibited--penalty


1. As used in this section and section 710.9 unless the context otherwise requires:


a. “Criminal act” means the violation of any federal or state law.


b. “Harbor” means to provide aid, support, or shelter.


c. “Runaway child” means a person under eighteen years of age who is voluntarily absent from the person's home without the consent of the person's parent, guardian, or custodian.


2. A person shall not harbor a runaway child with the intent of committing a criminal act involving the child or with the intent of enticing or forcing the runaway child to commit a criminal act.


3. A person shall not harbor a runaway child with the intent of allowing the runaway child to remain away from home against the wishes of the child's parent, guardian, or custodian. However, the provisions of this subsection do not apply to a shelter care home which is licensed or approved by the department of human services.


4. A person convicted of a violation of this section is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1985 (71 G.A.) ch. 183, § 1. Amended by Acts 1996 (76 G.A.) ch. 1219, § 75.


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


I.C.A. § 710.9


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.9. Civil liability for harboring a runaway child


A parent, guardian, or custodian of a runaway child has a right of action against a person who harbored the runaway child in violation of section 710.8 for expenses sustained in the search for the child, for damages sustained due to physical or emotional distress due to the absence of the child, and for punitive damages.


CREDIT(S)


Added by Acts 1985 (71 G.A.) ch. 183, § 2.


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


I.C.A. § 710.10


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.10. Enticing a minor


1. A person commits a class “C” felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed to be under the age of thirteen.


2. A person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen.


3. A person commits a class “D” felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen.


4. A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice a person reasonably believed to be under the age of sixteen. A person convicted under this subsection shall not be subject to the registration requirements under chapter 692A unless the finder of fact determines that the illegal act was sexually motivated.


5. A person shall not be convicted of a violation of this section unless the person commits an overt act evidencing a purpose to entice.


6. For purposes of determining jurisdiction under section 803.1, an offense is considered committed in this state if the communication to entice or attempt to entice a person believed to be a minor who is present in this state originates from another state, or the communication to entice or attempt to entice a person believed to be a minor is sent from this state.


CREDIT(S)


Added by Acts 1985 (71 G.A.) ch. 183, § 3. Amended by Acts 1986 (71 G.A.) ch. 1238, § 29; Acts 1996 (76 G.A.) ch. 1082, § 2; Acts 2001 (79 G.A.) ch. 17, § 3; Acts 2010 (83 G.A.) ch. 1129, H.F. 2438, § 1.


VALIDITY


A prior version of this section was held unconstitutional in the case of State v. Quinn, 2005, 691 N.W.2d 403, rehearing denied.


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


I.C.A. § 710.11


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.11. Purchase or sale of individual


A person commits a class “C” felony when the person purchases or sells or attempts to purchase or sell an individual to another person. This section does not apply to a surrogate mother arrangement. For purposes of this section, a “surrogate mother arrangement” means an arrangement whereby a female agrees to be artificially inseminated with the semen of a donor, to bear a child, and to relinquish all rights regarding that child to the donor or donor couple.


CREDIT(S)


Added by Acts 1989 (73 G.A.) ch. 116, § 1.


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


I.C.A. § 710.12


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.12 to 710.14. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526


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


I.C.A. § 710.13


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.12 to 710.14. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526


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


I.C.A. § 710.14


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 710. Kidnapping and Related Offenses (Refs & Annos)

710.12 to 710.14. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 526


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


I.C.A. T. XVI, Subt. 1, Ch. 710A, 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 710A. Human Trafficking



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


I.C.A. § 710A.1


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 710A. Human Trafficking (Refs & Annos)

710A.1. Definitions


As used in this chapter:


1. “Commercial sexual activity” means any sex act or sexually explicit performance for which anything of value is given, promised to, or received by any person and includes, but is not limited to, prostitution, participation in the production of pornography, and performance in strip clubs.


2. “Debt bondage” means the status or condition of a debtor arising from a pledge of the debtor's personal services or a person under the control of a debtor's personal services as a security for debt if the reasonable value of such services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.


3. “Forced labor or services” means labor or services that are performed or provided by another person and that are obtained or maintained through any of the following:


a. Causing or threatening to cause serious physical injury to any person.


b. Physically restraining or threatening to physically restrain another person.


c. Abusing or threatening to abuse the law or legal process.


d. Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.


4. a. “Human trafficking” means participating in a venture to recruit, harbor, transport, supply provisions, or obtain a person for any of the following purposes:


(1) Forced labor or service that results in involuntary servitude, peonage, debt bondage, or slavery.


(2) Commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of eighteen, the commercial sexual activity need not involve force, fraud, or coercion.


b. “Human trafficking” also means knowingly purchasing or attempting to purchase services involving commercial sexual activity from a victim or another person engaged in human trafficking.


5. “Involuntary servitude” means a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint or the threatened abuse of legal process.


6. “Labor” means work of economic or financial value.


7. “Maintain” means, in relation to labor and services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of services.


8. “Obtain” means, in relation to labor or services, to secure performance thereof.


9. “Peonage” means a status or condition of involuntary servitude based upon real or alleged indebtedness.


10. “Services” means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor, including commercial sexual activity and sexually explicit performances.


11. “Sexually explicit performance” means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.


12. “Venture” means any group of two or more persons associated in fact, whether or not a legal entity.


13. “Victim” means a person subjected to human trafficking.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1074, S.F. 2219, § 2. Amended by Acts 2009 (83 G.A.) ch. 19, S.F. 27, § 1; Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, § 2.


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


I.C.A. § 710A.2


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 710A. Human Trafficking (Refs & Annos)

710A.2. Human trafficking


1. A person who knowingly engages in human trafficking is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” felony.


2. A person who knowingly engages in human trafficking by causing or threatening to cause serious physical injury to another person is guilty of a class “C” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “B” felony.


3. A person who knowingly engages in human trafficking by physically restraining or threatening to physically restrain another person is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” felony.


4. A person who knowingly engages in human trafficking by soliciting services or benefiting from the services of a victim is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” felony.


5. A person who knowingly engages in human trafficking by abusing or threatening to abuse the law or legal process is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” felony.


6. A person who knowingly engages in human trafficking by knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of a victim is guilty of a class “D” felony, except that if that other person is under the age of eighteen, the person is guilty of a class “C” felony.


7. A person who benefits financially or by receiving anything of value from knowing participation in human trafficking is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” felony.


8. A person's ignorance of the age of the victim or a belief that the victim was older is no defense to a violation of this section.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1074, S.F. 2219, § 3. Amended by Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, § 3.


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


I.C.A. § 710A.2A


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 710A. Human Trafficking (Refs & Annos)

710A.2A. Solicitation of commercial sexual activity


A person shall not entice, coerce, or recruit, or attempt to entice, coerce, or recruit, either a person under the age of eighteen or a law enforcement officer or agent representing oneself to be under the age of eighteen, to engage in a commercial sexual activity. A person who violates this section commits a class “D” felony.


CREDIT(S)


Added by Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, § 4.


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


I.C.A. § 710A.3


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 710A. Human Trafficking (Refs & Annos)

710A.3. Affirmative defense


It shall be an affirmative defense, in addition to any other affirmative defenses for which the victim might be eligible, to a prosecution for a criminal violation directly related to the defendant's status as a victim of a crime that is a violation of section 710A.2, that the defendant committed the violation under compulsion by another's threat of serious injury, provided that the defendant reasonably believed that such injury was imminent.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1074, S.F. 2219, § 4.


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


I.C.A. § 710A.4


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 710A. Human Trafficking (Refs & Annos)

710A.4. Restitution


The gross income of the defendant or the value of labor or services performed by the victim to the defendant shall be considered when determining the amount of restitution.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1074, S.F. 2219, § 5.


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


I.C.A. § 710A.5


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 710A. Human Trafficking (Refs & Annos)

710A.5. Certification


A law enforcement agency investigating a crime described in section 710A.2 shall notify the attorney general in writing about the investigation. Upon request of the attorney general, such law enforcement agency shall provide copies of any investigative reports describing the immigration status and cooperation of the victim. The attorney general shall certify in writing to the United States department of justice or other federal agency that an investigation or prosecution under this chapter has begun and that the person who is a likely victim of a crime described in section 710A.2 is willing to cooperate or is cooperating with the investigation to enable the person, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of a minor victim of a crime described in section 710A.2. This certification shall be made available to the victim and the victim's designated legal representative.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1074, S.F. 2219, § 6.


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


I.C.A. T. XVI, Subt. 1, Ch. 711, 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 711. Robbery and Extortion



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


I.C.A. § 711.1


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 711. Robbery and Extortion (Refs & Annos)

711.1. Robbery defined


A person commits a robbery when, having the intent to commit a theft, the person does any of the following acts to assist or further the commission of the intended theft or the person's escape from the scene thereof with or without the stolen property:


1. Commits an assault upon another.


2. Threatens another with or purposely puts another in fear of immediate serious injury.


3. Threatens to commit immediately any forcible felony.


It is immaterial to the question of guilt or innocence of robbery that property was or was not actually stolen.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1101, eff. Jan. 1, 1978.


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


I.C.A. § 711.2


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 711. Robbery and Extortion (Refs & Annos)

711.2. Robbery in the first degree


A person commits robbery in the first degree when, while perpetrating a robbery, the person purposely inflicts or attempts to inflict serious injury, or is armed with a dangerous weapon. Robbery in the first degree is a class “B” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1102, eff. Jan. 1, 1978.


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


I.C.A. § 711.3


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 711. Robbery and Extortion (Refs & Annos)

711.3. Robbery in the second degree


All robbery which is not robbery in the first degree is robbery in the second degree. Robbery in the second degree is a class “C” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1103, eff. Jan. 1, 1978.


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


I.C.A. § 711.4


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 711. Robbery and Extortion (Refs & Annos)

711.4. Extortion


A person commits extortion if the person does any of the following with the purpose of obtaining for oneself or another anything of value, tangible or intangible, including labor or services:


1. Threatens to inflict physical injury on some person, or to commit any public offense.


2. Threatens to accuse another of a public offense.


3. Threatens to expose any person to hatred, contempt, or ridicule.


4. Threatens to harm the credit or business or professional reputation of any person.


5. Threatens to take or withhold action as a public officer or employee, or to cause some public official or employee to take or withhold action.


6. Threatens to testify or provide information or to withhold testimony or information with respect to another's legal claim or defense.


7. Threatens to wrongfully injure the property of another.


It is a defense to a charge of extortion that the person making a threat other than a threat to commit a public offense, reasonably believed that the person had a right to make such threats in order to recover property, or to receive compensation for property or services, or to recover a debt to which the person has a good faith claim.


Extortion is a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1104, eff. Jan. 1, 1978.


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


I.C.A. § 711.5


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 711. Robbery and Extortion (Refs & Annos)

711.5. Chapter--application


This chapter does not apply if section 714.3A applies.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1125, S.F. 2250, § 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. 712, 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 712. Arson



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


I.C.A. § 712.1


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 712. Arson (Refs & Annos)

712.1. Arson defined


1. Causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged, is arson, whether or not any such property is actually destroyed or damaged. Provided, that where a person who owns said property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consented to the defendant's acts, and where no insurer has been exposed fraudulently to any risk, and where the act was done in such a way as not to unreasonably endanger the life or property of any other person the act shall not be arson.


2. Causing a fire or explosion that damages or destroys property while manufacturing or attempting to manufacture a controlled substance in violation of section 124.401 is arson. Even if a person who owns property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consents to the defendant's act, and even if an insurer has not been exposed fraudulently to any risk, and even if the act was done in such a way as not to unreasonably endanger the life or property of any person, the act constitutes arson.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1201, eff. Jan. 1, 1978. Amended by Acts 2004 (80 G.A.) ch. 1125, § 13.


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


I.C.A. § 712.2


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 712. Arson (Refs & Annos)

712.2. Arson in the first degree


Arson is arson in the first degree when the presence of one or more persons can be reasonably anticipated in or near the property which is the subject of the arson, or the arson results in the death of a fire fighter, whether paid or volunteer.


Arson in the first degree is a class “B” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1202, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1064, § 1; Acts 2004 (80 G.A.) ch. 1125, § 14.


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


I.C.A. § 712.3


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 712. Arson (Refs & Annos)

712.3. Arson in the second degree


Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class “C” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1203, eff. Jan. 1, 1978. Amended by Acts 2004 (80 G.A.) ch. 1125, § 15.


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


I.C.A. § 712.4


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 712. Arson (Refs & Annos)

712.4. Arson in the third degree


Arson which is not arson in the first degree or arson in the second degree is arson in the third degree. Arson in the third degree is an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1204, eff. Jan. 1, 1978.


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


I.C.A. § 712.5


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 712. Arson (Refs & Annos)

712.5. Reckless use of fire or explosives


Any person who shall so use fire or any incendiary or explosive device or material as to recklessly endanger the property or safety of another shall be guilty of a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1205, eff. Jan. 1, 1978.


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


I.C.A. § 712.6


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 712. Arson (Refs & Annos)

712.6. Explosive or incendiary materials or devices


1. A person who possesses any incendiary or explosive device or material with the intent to use such device or material to commit a public offense shall be guilty of a class “C” felony.


2. a. A person who possesses any incendiary or explosive device or material shall be guilty of an aggravated misdemeanor.


b. This subsection does not apply to a person holding a valid commercial license or user's permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit.


3. A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated incendiary device in or near an occupied structure as defined in section 702.12, is guilty of a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1206, eff. Jan. 1, 1978. Amended by Acts 2004 (80 G.A.) ch. 1125, § 16; Acts 2008 (82 G.A.) ch. 1147, H.F. 2266, § 4.


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


I.C.A. § 712.7


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 712. Arson (Refs & Annos)

712.7. False reports


A person who, knowing the information to be false, conveys or causes to be conveyed to any person any false information concerning the placement of any incendiary or explosive device or material or other destructive substance or device in any place where persons or property would be endangered commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1207, eff. Jan. 1, 1978.


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


I.C.A. § 712.8


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 712. Arson (Refs & Annos)

712.8. Threats


Any person who threatens to place or attempts to place any incendiary or explosive device or material, or any destructive substance or device in any place where it will endanger persons or property, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1208, eff. Jan. 1, 1978.


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


I.C.A. § 712.9


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 712. Arson (Refs & Annos)

712.9. Violations of individual rights--penalties


A violation of sections 712.3 through 712.8, which is also a hate crime as defined in section 729A.2, shall be classified and punished as an offense one degree higher than the underlying offense.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 4.


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


I.C.A. T. XVI, Subt. 1, Ch. 713, 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 713. Burglary



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


I.C.A. § 713.1


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 713. Burglary (Refs & Annos)

713.1. Burglary defined


Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license or privilege to do so, enters an occupied structure, such occupied structure not being open to the public, or who remains therein after it is closed to the public or after the person's right, license or privilege to be there has expired, or any person having such intent who breaks an occupied structure, commits burglary.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1301, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1247, § 2.


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


I.C.A. § 713.2


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 713. Burglary (Refs & Annos)

713.2. Attempted burglary defined


Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license, or privilege to do so, attempts to enter an occupied structure, the occupied structure not being open to the public, or who attempts to remain therein after it is closed to the public or after the person's right, license, or privilege to be there has expired, or any person having such intent who attempts to break an occupied structure, commits attempted burglary.


CREDIT(S)


Added by Acts 1981 (69 G.A.) ch. 204, § 8. Amended by Acts 1984 (70 G.A.) ch. 1247, § 3.


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


I.C.A. § 713.3


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 713. Burglary (Refs & Annos)

713.3. Burglary in the first degree


1. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply:


a. The person has possession of an explosive or incendiary device or material.


b. The person has possession of a dangerous weapon.


c. The person intentionally or recklessly inflicts bodily injury on any person.


d. The person performs or participates in a sex act with any person which would constitute sexual abuse under section 709.1.


2. Burglary in the first degree is a class “B” felony.


3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A for violations of subsection 1, paragraphs “a”, “b”, or “c”, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1303, eff. Jan. 1, 1978. Amended by Acts 1990 (73 G.A.) ch. 1233, § 41; Acts 1992 (74 G.A.) ch. 1231, § 57; Acts 1994 (75 G.A.) ch. 1107, § 15; Acts 1998 (77 G.A.) ch. 1059, § 1; Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 16, eff. March 26, 2010.


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


I.C.A. § 713.4


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 713. Burglary (Refs & Annos)

713.4. Attempted burglary in the first degree


1. A person commits attempted burglary in the first degree if, while perpetrating an attempted burglary in or upon an occupied structure in which one or more persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or intentionally or recklessly inflicts bodily injury on any person.


2. Attempted burglary in the first degree is a class “C” felony.


3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1981 (69 G.A.) ch. 204, § 8. Amended by Acts 1992 (74 G.A.) ch. 1231, § 58; Acts 1994 (75 G.A.) ch. 1107, § 16; Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 17, eff. March 26, 2010.


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


I.C.A. § 713.5


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 713. Burglary (Refs & Annos)

713.5. Burglary in the second degree


1. A person commits burglary in the second degree in either of the following circumstances:


a. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person.


b. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.


2. Burglary in the second degree is a class “C” felony.


3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1303, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1231, § 59; Acts 1994 (75 G.A.) ch. 1107, § 17; Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 18, eff. March 26, 2010.


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


I.C.A. § 713.6


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 713. Burglary (Refs & Annos)

713.6. Attempted burglary in the second degree


1. A person commits attempted burglary in the second degree in either of the following circumstances:


a. While perpetrating an attempted burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person.


b. While perpetrating an attempted burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.


2. Attempted burglary in the second degree is a class “D” felony.


3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1981 (69 G.A.) ch. 204, § 8. Amended by Acts 1992 (74 G.A.) ch. 1231, § 60; Acts 1994 (75 G.A.) ch. 1107, § 18; Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 19, eff. March 26, 2010.


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


I.C.A. § 713.6A


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 713. Burglary (Refs & Annos)

713.6A. Burglary in the third degree


1. All burglary which is not burglary in the first degree or burglary in the second degree is burglary in the third degree. Burglary in the third degree is a class “D” felony, except as provided in subsection 2.


2. Burglary in the third degree involving a burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.2, is an aggravated misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1.


3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1231, § 61. Amended by Acts 2001 (79 G.A.) ch. 165, § 1; Acts 2002 (79 G.A.) ch. 1050, § 53; Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 20, eff. March 26, 2010.


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


I.C.A. § 713.6B


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 713. Burglary (Refs & Annos)

713.6B. Attempted burglary in the third degree


1. All attempted burglary which is not attempted burglary in the first degree or attempted burglary in the second degree is attempted burglary in the third degree. Attempted burglary in the third degree is an aggravated misdemeanor, except as provided in subsection 2.


2. Attempted burglary in the third degree involving an attempted burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.2, is a serious misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1.


3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1231, § 62. Amended by Acts 2001 (79 G.A.) ch. 165, § 2; Acts 2002 (79 G.A.) ch. 1050, § 54; Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 21, eff. March 26, 2010.


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


I.C.A. § 713.7


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 713. Burglary (Refs & Annos)

713.7. Possession of burglar's tools


Any person who possesses any key, tool, instrument, device or any explosive, with the intent to use it in the perpetration of a burglary, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1304, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1231, § 63.


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


I.C.A. § 713.8


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.9


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.10


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.11


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.12


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.13


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.14


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.15


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.16


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 713. Burglary (Refs & Annos)

713.8 to 713.16. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.17


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 713. Burglary (Refs & Annos)

713.17 to 713.21. Repealed by Acts 1970 (63 G.A.) ch. 1255, § 16, eff. Jan. 1, 1971


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


I.C.A. § 713.18


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 713. Burglary (Refs & Annos)

713.17 to 713.21. Repealed by Acts 1970 (63 G.A.) ch. 1255, § 16, eff. Jan. 1, 1971


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


I.C.A. § 713.19


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 713. Burglary (Refs & Annos)

713.17 to 713.21. Repealed by Acts 1970 (63 G.A.) ch. 1255, § 16, eff. Jan. 1, 1971


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


I.C.A. § 713.20


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 713. Burglary (Refs & Annos)

713.17 to 713.21. Repealed by Acts 1970 (63 G.A.) ch. 1255, § 16, eff. Jan. 1, 1971


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


I.C.A. § 713.21


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 713. Burglary (Refs & Annos)

713.17 to 713.21. Repealed by Acts 1970 (63 G.A.) ch. 1255, § 16, eff. Jan. 1, 1971


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


I.C.A. § 713.22


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 713. Burglary (Refs & Annos)

713.22, 713.23. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.23


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 713. Burglary (Refs & Annos)

713.22, 713.23. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.24


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 713. Burglary (Refs & Annos)

713.24. Transferred to § 714.16 by the Code Editor for Code 1979


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


I.C.A. § 713.25


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 713. Burglary (Refs & Annos)

713.25. Repealed by Acts 1965 (61 G.A.) ch. 438, § 2


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


I.C.A. § 713.26


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.27


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.28


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.29


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.30


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.31


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.32


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.33


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.34


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.35


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.36


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.37


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.38


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.39


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.40


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.41


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.42


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.43


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 713. Burglary (Refs & Annos)

713.26 to 713.43. Repealed by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 525, eff. Jan. 1, 1978


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


I.C.A. § 713.44


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 713. Burglary (Refs & Annos)

713.44, 713.45. Transferred to 714.15 by the Code Editor for Code 1979


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


I.C.A. § 713.45


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 713. Burglary (Refs & Annos)

713.44, 713.45. Transferred to 714.15 by the Code Editor for Code 1979


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


I.C.A. T. XVI, Subt. 1, Ch. 713A, 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 713A. Advertising and Selling Courses of Instruction [Transferred]



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


I.C.A. § 713A.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 713A. Advertising and Selling Courses of Instruction [Transferred] (Refs & Annos)

713A.1 to 713A.6. Transferred to §§ 714.17 to 714.22 by the Code Editor for Code 1979


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


I.C.A. § 713A.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 713A. Advertising and Selling Courses of Instruction [Transferred] (Refs & Annos)

713A.1 to 713A.6. Transferred to §§ 714.17 to 714.22 by the Code Editor for Code 1979


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


I.C.A. § 713A.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 713A. Advertising and Selling Courses of Instruction [Transferred] (Refs & Annos)

713A.1 to 713A.6. Transferred to §§ 714.17 to 714.22 by the Code Editor for Code 1979


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


I.C.A. § 713A.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 713A. Advertising and Selling Courses of Instruction [Transferred] (Refs & Annos)

713A.1 to 713A.6. Transferred to §§ 714.17 to 714.22 by the Code Editor for Code 1979


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


I.C.A. § 713A.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 713A. Advertising and Selling Courses of Instruction [Transferred] (Refs & Annos)

713A.1 to 713A.6. Transferred to §§ 714.17 to 714.22 by the Code Editor for Code 1979


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


I.C.A. § 713A.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 713A. Advertising and Selling Courses of Instruction [Transferred] (Refs & Annos)

713A.1 to 713A.6. Transferred to §§ 714.17 to 714.22 by the Code Editor for Code 1979


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


I.C.A. T. XVI, Subt. 1, Ch. 713B, 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 713B. Door-To-Door Sales [Transferred]



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


I.C.A. § 713B.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 713B. Door-To-Door Sales [Transferred] (Refs & Annos)

713B.1 to 713B.6. Transferred to §§ 82.1 to 82.6 by the Code Editor for Code 1979 and transferred to §§ 555A.1 to 555A.6 by the Code Editor for Code 1993


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


I.C.A. § 713B.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 713B. Door-To-Door Sales [Transferred] (Refs & Annos)

713B.1 to 713B.6. Transferred to §§ 82.1 to 82.6 by the Code Editor for Code 1979 and transferred to §§ 555A.1 to 555A.6 by the Code Editor for Code 1993


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


I.C.A. § 713B.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 713B. Door-To-Door Sales [Transferred] (Refs & Annos)

713B.1 to 713B.6. Transferred to §§ 82.1 to 82.6 by the Code Editor for Code 1979 and transferred to §§ 555A.1 to 555A.6 by the Code Editor for Code 1993


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


I.C.A. § 713B.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 713B. Door-To-Door Sales [Transferred] (Refs & Annos)

713B.1 to 713B.6. Transferred to §§ 82.1 to 82.6 by the Code Editor for Code 1979 and transferred to §§ 555A.1 to 555A.6 by the Code Editor for Code 1993


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


I.C.A. § 713B.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 713B. Door-To-Door Sales [Transferred] (Refs & Annos)

713B.1 to 713B.6. Transferred to §§ 82.1 to 82.6 by the Code Editor for Code 1979 and transferred to §§ 555A.1 to 555A.6 by the Code Editor for Code 1993


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


I.C.A. § 713B.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 713B. Door-To-Door Sales [Transferred] (Refs & Annos)

713B.1 to 713B.6. Transferred to §§ 82.1 to 82.6 by the Code Editor for Code 1979 and transferred to §§ 555A.1 to 555A.6 by the Code Editor for Code 1993


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


I.C.A. T. XVI, Subt. 1, Ch. 714, 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 714. Theft, Fraud, and Related Offenses



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


I.C.A. § 714.1


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.1. Theft defined


A person commits theft when the person does any of the following:


1. Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof.


2. Misappropriates property which the person has in trust, or property of another which the person has in the person's possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner's rights in such property, or conceals found property, or appropriates such property to the person's own use, when the owner of such property is known to the person.


a. Failure by a bailee or lessee of personal property to return the property within seventy-two hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation.


b. If a time is not specified in the written agreement of lease or bailment for the expiration or termination of the lease or bailment or for the return of the personal property, failure by a lessee or bailee to return the property within five days after proper notice to the lessee or bailee shall be evidence of misappropriation. For the purposes of this paragraph, “proper notice” means a written notice of the expiration or termination of the lease or bailment agreement sent to the lessee or bailee by certified or restricted certified mail at the address of the lessee or bailee specified in the agreement. The notice shall be considered effective on the date of the mailing of the notice regardless of whether or not the lessee or bailee signs a receipt for the notice.


3. Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception. Where compensation for goods and services is ordinarily paid immediately upon the obtaining of such goods or the rendering of such services, the refusal to pay or leaving the premises without payment or offer to pay or without having obtained from the owner or operator the right to pay subsequent to leaving the premises gives rise to an inference that the goods or services were obtained by deception.


4. Exercises control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen, unless the person's purpose is to promptly restore it to the owner or to deliver it to an appropriate public officer. The fact that the person is found in possession of property which has been stolen from two or more persons on separate occasions, or that the person is a dealer or other person familiar with the value of such property and has acquired it for a consideration which is far below its reasonable value, shall be evidence from which the court or jury may infer that the person knew or believed that the property had been stolen.


5. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party.


6. Makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person, or corporation, and obtains property, the use of property, including rental property, or service in exchange for such instrument, if the person knows that such check, share draft, draft, or written order will not be paid when presented.


Whenever the drawee of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon within ten days of the maker's receipt of notice from the holder that payment has been refused by the drawee, the court or jury may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail, or by personal service in the manner prescribed for serving original notices.


Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court or jury may infer from such fact that the maker knew that the instrument would not be paid on presentation.


7. Obtains gas, electricity or water from a public utility or obtains cable television or telephone service from an unauthorized connection to the supply or service line or by intentionally altering, adjusting, removing or tampering with the metering or service device so as to cause inaccurate readings.


8. Knowingly and without authorization accesses or causes to be accessed a computer, computer system, or computer network, or any part thereof, for the purpose of obtaining computer services, information, or property or knowingly and without authorization and with the intent to permanently deprive the owner of possession, takes, transfers, conceals, or retains possession of a computer, computer system, or computer network or any computer software or computer program, or computer data contained in a computer, computer system, or computer network.


9. a. Obtains the temporary use of video rental property with the intent to deprive the owner of the use and possession of the video rental property without the consent of the owner.


b. Lawfully obtains the temporary use of video rental property and fails to return the video rental property by the agreed time with the intent to deprive the owner of the use and possession of the video rental property without the consent of the owner. The aggregate value of the video rental property involved shall be the original retail value of the video rental property.


10. Any act that is declared to be theft by any provision of the Code.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1401, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 14, eff. Jan. 1, 1978; Acts 1979 (68 G.A.) ch. 130, § 10, eff. April 13, 1979; Acts 1985 (71 G.A.) ch. 164, § 1; Acts 1989 (73 G.A.) ch. 170, § 1; Acts 1997 (77 G.A.) ch. 167, § 1; Acts 2000 (78 G.A.) ch. 1201, § 9; Acts 2005 (81 G.A.) ch. 84, H.F. 745, § 1.


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


I.C.A. § 714.2


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.2. Degrees of theft


1. The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property which has been removed from a building because of a physical disaster, riot, bombing, or the proximity of battle, is theft in the first degree. Theft in the first degree is a class “C” felony.


2. The theft of property exceeding one thousand dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand dollars in value, is theft in the second degree. Theft in the second degree is a class “D” felony. However, for purposes of this subsection, “motor vehicle” does not include a motorized bicycle as defined in section 321.1, subsection 40, paragraph “b”.


3. The theft of property exceeding five hundred dollars but not exceeding one thousand dollars in value, or the theft of any property not exceeding five hundred dollars in value by one who has before been twice convicted of theft, is theft in the third degree. Theft in the third degree is an aggravated misdemeanor.


4. The theft of property exceeding two hundred dollars in value but not exceeding five hundred dollars in value is theft in the fourth degree. Theft in the fourth degree is a serious misdemeanor.


5. The theft of property not exceeding two hundred dollars in value is theft in the fifth degree. Theft in the fifth degree is a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1402, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 15, eff. Jan. 1, 1978; Acts 1981 (69 G.A.) ch. 204, § 9; Acts 1983 (70 G.A.) ch. 134, § 1; Acts 1992 (74 G.A.) ch. 1060, § 1; Acts 1999 (78 G.A.) ch. 153, § 11.


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


I.C.A. § 714.3


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.3. Value


The value of property is its highest value by any reasonable standard at the time that it is stolen. Reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.


If money or property is stolen from the same person or location by two or more acts, or from different persons by two or more acts which occur in approximately the same location or time period, or from different locations by two or more acts within a thirty-day period, so that the thefts are attributable to a single scheme, plan, or conspiracy, these acts may be considered a single theft and the value may be the total value of all the property stolen.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1403, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1162, § 1; Acts 1985 (71 G.A.) ch. 195, § 60; Acts 2004 (80 G.A.) ch. 1087, § 1.


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


I.C.A. § 714.3A


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.3A. Aggravated theft


1. A person commits aggravated theft when the person commits an assault as defined in section 708.1, subsection 1, that is punishable as a simple misdemeanor under section 708.2, subsection 6, after the person has removed or attempted to remove property not exceeding two hundred dollars in value which has not been purchased from a store or mercantile establishment, or has concealed such property of the store or mercantile establishment, either on the premises or outside the premises of the store or mercantile establishment.


2. a. A person who commits aggravated theft is guilty of an aggravated misdemeanor.


b. A person who commits aggravated theft, and who has previously been convicted of an aggravated theft, robbery in the first degree in violation of section 711.2, robbery in the second degree in violation of section 711.3, or extortion in violation of section 711.4, is guilty of a class “D” felony.


3. In determining if a violation is a class “D” felony offense the following shall apply:


a. A deferred judgment entered pursuant to section 907.3 for a violation of any offense specified in subsection 2 shall be counted as a previous offense.


b. A conviction or the equivalent of a deferred judgment for a violation in any other states under statutes substantially corresponding to an offense specified in subsection 2 shall be counted as a previous offense. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses specified in this section and can therefore be considered corresponding statutes.


4. Aggravated theft is not an included offense of robbery in the first or second degree.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1125, S.F. 2250, § 2.


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


I.C.A. § 714.4


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.4. Claim of right


No person who takes, obtains, disposes of, or otherwise uses or acquires property, is guilty of theft by reason of such act if the person reasonably believes that the person has a right, privilege or license to do so, or if the person does in fact have such right, privilege or license.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1404, eff. Jan. 1, 1978.


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


I.C.A. § 714.5


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.5. Library materials and equipment--unpurchased merchandise--evidence of intention


The fact that a person has concealed library materials or equipment as defined in section 702.22 or unpurchased property of a store or other mercantile establishment, either on the premises or outside the premises, is material evidence of intent to deprive the owner, and the finding of library materials or equipment or unpurchased property concealed upon the person or among the belongings of the person, is material evidence of intent to deprive and, if the person conceals or causes to be concealed library materials or equipment or unpurchased property, upon the person or among the belongings of another, the finding of the concealed materials, equipment or property is also material evidence of intent to deprive on the part of the person concealing the library materials, equipment or goods.


The fact that a person fails to return library materials for two months or more after the date the person agreed to return the library materials, or fails to return library equipment for one month or more after the date the person agreed to return the library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment. Notices stating the provisions of this section and of section 808.12 with regard to library materials or equipment shall be posted in clear public view in all public libraries, in all libraries of educational, historical or charitable institutions, organizations or societies, in all museums and in all repositories of public records.


After the expiration of three days following the due date, the owner of borrowed library equipment may request the assistance of a dispute resolution center, mediation center or appropriate law enforcement agency in recovering the equipment from the borrower.


The owner of library equipment may require deposits by borrowers and in the case of late returns the owner may impose graduated penalties of up to twenty-five percent of the value of the equipment, based upon the lateness of the return.


In the case of lost library materials or equipment, arrangements may be made to make a monetary settlement.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1405, eff. Jan. 1, 1978. Amended by Acts 1979 (68 G.A.) ch. 145, § 2, eff. Jan. 1, 1980; Acts 1985 (71 G.A.) ch. 187, § 2; Acts 1987 (72 G.A.) ch. 56, § 1.


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


I.C.A. § 714.6


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.6. Land


The mere trespass on or occupation of land, contrary to the rights of the owner thereof, is not theft.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1406, eff. Jan. 1, 1978.


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


I.C.A. § 714.6A


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.6A. Video rental property theft--evidence of intention--affirmative defense


1. The fact that a person obtains possession of video rental property by means of deception, including but not limited to furnishing a false name, address, or other identification to the owner, is evidence that possession was obtained with intent to knowingly deprive the owner of the use and possession of the video rental property.


2. The fact that a person, having lawfully obtained possession of video rental property, fails to pay the owner the fair market value of the video rental property or to return or make arrangements acceptable to the owner to return the video rental property to the owner within forty-eight hours after receipt of written notice and demand from the owner is evidence of an intent to knowingly deprive the owner of the use and possession of the video rental property.


3. It shall be an affirmative defense to a prosecution under section 714.1, subsection 9, paragraph “a”, if the defendant in possession of video rental property pays the owner the fair market value of the video rental property or returns the property to the owner within forty-eight hours of arrest, together with any standard overdue charges for the period that the owner was unlawfully deprived of possession, but not to exceed one hundred twenty days, and the value of the damage to the property, if any.


CREDIT(S)


Added by Acts 2000 (78 G.A.) ch. 1201, § 10.


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


I.C.A. § 714.7


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.7. Operating vehicle without owner's consent


Any person who shall take possession or control of any railroad vehicle, or any self-propelled vehicle, aircraft, or motor boat, the property of another, without the consent of the owner of such, but without the intent to permanently deprive the owner thereof, shall be guilty of an aggravated misdemeanor. A violation of this section may be proved as a lesser included offense on an indictment or information charging theft.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1407, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 16, eff. Jan. 1, 1978.


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


I.C.A. § 714.7A


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.7A. Transferred to § 35B.16A by the Code Editor for Code 2007 pursuant to Acts 2006 (81 G.A.) ch. 1107, S.F. 2333, § 3


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


I.C.A. § 714.7B


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.7B. Theft detection devices--shield or removal prohibited


1. A person shall not intentionally manufacture or attempt to manufacture, sell or attempt to sell, possess, use, distribute or attempt to distribute, a theft detection shielding device.


2. A person shall not remove or attempt to remove a theft detection device with the intent of committing a theft and without the permission of the merchant who is displaying or selling the goods, wares, or merchandise.


3. A person shall not possess any tool, instrument, or device with the intent to use it in the unlawful removal of a theft detection device.


4. For purposes of this section, “theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise from detection by an electronic or magnetic theft alarm system or any other system designed to alert a person of a possible theft. “Theft detection device” means any electronic or other device attached to goods, wares, or merchandise on display or for sale by a merchant.


5. A person who violates subsection 1 or 3 commits a serious misdemeanor.


6. A person who violates subsection 2 commits the following:


a. A simple misdemeanor if the value of the goods, wares, or merchandise does not exceed two hundred dollars.


b. A serious misdemeanor if the value of the goods, wares, or merchandise exceeds two hundred dollars.


CREDIT(S)


Added by Acts 2000 (78 G.A.) ch. 1108, § 1.


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


I.C.A. § 714.7C


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.7C. Theft of pseudoephedrine--enhancement


Notwithstanding section 714.2, subsection 5, a person who commits a simple misdemeanor theft of a product containing pseudoephedrine from a retailer as defined in section 126.23A commits a serious misdemeanor.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1127, § 3. Amended by Acts 2005 (81 G.A.) ch. 15, S.F. 169, § 6, eff. May 21, 2005.


APPLICATION


<For retailer compliance with these provisions, see Acts 2005 (81 G.A.) ch. 15, S.F. 169, § 12.>


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


I.C.A. § 714.7D


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.7D. Retail motor fuel


Upon a second or subsequent conviction of a person under section 714.2, subsection 5, for theft of motor fuel from a retail dealer as defined in section 214A.1, the court may order the state department of transportation to suspend the driver's license or nonresident operating privilege of the convicted person for up to thirty days in lieu of, or in addition to, a fine or imprisonment.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 141, H.F. 440, § 3.


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


I.C.A. § 714.8


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.8. Fraudulent practices defined


A person who does any of the following acts is guilty of a fraudulent practice:


1. Makes, tenders or keeps for sale any warehouse receipt, bill of lading, or any other instrument purporting to represent any right to goods, with knowledge that the goods represented by such instrument do not exist.


2. Knowingly attaches or alters any label to any goods offered or kept for sale so as to materially misrepresent the quality or quantity of such goods, or the maker or source of such goods.


3. Knowingly executes or tenders a false certification under penalty of perjury, false affidavit, or false certificate, if the certification, affidavit, or certificate is required by law or given in support of a claim for compensation, indemnification, restitution, or other payment.


4. Makes any entry in or alteration of any public records, or any records of any corporation, partnership, or other business enterprise or nonprofit enterprise, knowing the same to be false.


5. Removes, alters or defaces any serial or other identification number, or any owners' identification mark, from any property not the person's own.


6. For the purpose of soliciting assistance, contributions, or other thing of value, falsely represents oneself to be a veteran of the armed forces of the United States, or a member of any fraternal, religious, charitable, or veterans organization, or any pretended organization of a similar nature, or to be acting on behalf of such person or organization.


7. Manufactures, sells, or keeps for sale any token or device suitable for the operation of a coin-operated device or vending machine, with the intent that such token or device may be so used, or with the representation that they can be so used; provided, that the owner or operator of any coin-operated device or vending machine may sell slugs or tokens for use in the person's own devices.


8. Manufactures or possesses any false or counterfeit label, with the intent that it be placed on merchandise to falsely identify its origin or quality, or who sells any such false or counterfeit label with the representation that it may be so used.


9. Alters or renders inoperative or inaccurate any meter or measuring device used in determining the value of or compensation for the purchase, use or enjoyment of property, with the intent to defraud any person.


10. Does any act expressly declared to be a fraudulent practice by any other section of the Code.


11. Removes, defaces, covers, alters, or destroys any component part number as defined in section 321.1, vehicle identification number as defined in section 321.1, or product identification number as defined in section 321.1, for the purpose of concealing or misrepresenting the identity or year of manufacture of the component part or vehicle.


12. Knowingly transfers or assigns a legal or equitable interest in property, as defined in section 702.14, for less than fair consideration, with the intent to obtain public assistance under chapters 16, 35B, 35D, and 347B, or Title VI, subtitles 2 through 6, or accepts a transfer of or an assignment of a legal or equitable interest in property, as defined in section 702.14, for less than fair consideration, with the intent of enabling the party transferring the property to obtain public assistance under chapters 16, 35B, 35D, and 347B, or Title VI, subtitles 2 through 6. A transfer or assignment of property for less than fair consideration within one year prior to an application for public assistance benefits shall be evidence of intent to transfer or assign the property in order to obtain public assistance for which a person is not eligible by reason of the amount of the person's assets. If a person is found guilty of a fraudulent practice in the transfer or assignment of property under this subsection the maximum sentence shall be the penalty established for a serious misdemeanor and sections 714.9, 714.10, and 714.11 shall not apply.


13. Fraudulent practices in connection with targeted small business programs.


a. (1) Knowingly transfers or assigns assets, ownership, or equitable interest in property of a business to a woman or minority person primarily for the purpose of obtaining benefits under targeted small business programs if the transferor would otherwise not be qualified for such programs.


(2) Solicits and is awarded a state contract on behalf of a targeted small business for the purpose of transferring the contract to another for a percentage if the person transferring or intending to transfer the work had no intention of performing the work.


(3) Knowingly falsifying information on an application for the purpose of obtaining benefits under targeted small business programs.


b. A violation under this subsection is grounds for decertification of the targeted small business connected with the violation. Decertification shall be in addition to any penalty otherwise authorized by this section.


14. a. Makes payment pursuant to an agreement with a dealer or market agency for livestock held by the dealer or market agency by use of a financial instrument which is a check, share draft, draft, or written order on any financial institution, as defined in section 203.1, if after seven days from the date that possession of the livestock is transferred pursuant to the purchase, the financial institution refuses payment on the instrument because of insufficient funds in the maker's account.


b. This subsection is not applicable if the maker pays the holder of the instrument the amount due on the instrument within one business day from a receipt of notice by certified mail from the holder that payment has been refused by the financial institution.


c. As used in this subsection, “dealer” means a person engaged in the business of buying or selling livestock, either on the person's own account, or as an employee or agent of a vendor or purchaser. “Market agency” means a person engaged in the business of buying or selling livestock on a commission basis.


15. Obtains or attempts to obtain the transfer of possession, control, or ownership, of the property of another by deception through communications conducted primarily by telephone and involving direct or implied claims that the other person contacted has won or is about to win a prize, or involving direct or implied claims that the other person contacted may be able to recover any losses suffered by such other person in connection with a prize promotion.


16. Knowingly provides false information to the treasurer of state when claiming, pursuant to section 556.19, an interest in unclaimed property held by the state, or knowingly provides false information to a person or fails to disclose the nature, value, and location of unclaimed property prior to entering into a contract to receive compensation to recover or assist in the recovery of property reported as unclaimed pursuant to section 556.11.


17. A packer who includes a confidentiality provision in a contract with a livestock seller in violation of section 202A.4.


18. a. Manufactures, creates, reproduces, alters, possesses, uses, transfers, or otherwise knowingly contributes to the production or use of a fraudulent retail sales receipt or universal product code label with intent to defraud another person engaged in the business of retailing.


b. For purposes of this subsection:


(1) “Retail sales receipt” means a document intended to evidence payment for goods or services.


(2) “Universal product code label” means the unique ten-digit bar code placed on the packaging of an item that may be used for purposes including but not limited to tracking inventory, maintaining price information in a computerized database, and serving as proof of purchase of a particular item.


19. A contractor who enforces a provision in a production contract that provides that information contained in the production contract is confidential as provided in section 202.3.


20. A contract seller who intentionally provides inaccurate information with regard to any matter required to be disclosed under section 558.70, subsection 1, or section 558A.4.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1408, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 17, eff. Jan. 1, 1978; Acts 1977 (67 G.A.) ch. 149, § 3, eff. Jan. 1, 1978; Acts 1978 (67 G.A.) ch. 1029, § 51; Acts 1980 (68 G.A.) ch. 1189, § 1; Acts 1984 (70 G.A.) ch. 1048, § 2; Acts 1985 (71 G.A.) ch. 195, § 61; Acts 1990 (73 G.A.) ch. 1158, § 12; Acts 1991 (74 G.A.) ch. 15, § 1; Acts 1991 (74 G.A.) ch. 258, § 65; Acts 1994 (75 G.A.) ch. 1023, § 70; Acts 1994 (75 G.A.) ch. 1185, § 1; Acts 1996 (76 G.A.) ch. 1038, § 2; Acts 1999 (78 G.A.) ch. 88, § 9, eff. April 29, 1999; Acts 1999 (78 G.A.) ch. 107, § 1; Acts 1999 (78 G.A.) ch. 108, § 11; Acts 1999 (78 G.A.) ch. 169, § 21, eff. May 24, 1999; Acts 2002 (79 G.A.) ch. 1136, § 5; Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 178; Acts 2011 (84 G.A.) ch. 34, S.F. 475, § 146.


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


I.C.A. § 714.9


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.9. Fraudulent practice in the first degree


Fraudulent practice in the first degree is a fraudulent practice where the amount of money or value of property involved exceeds ten thousand dollars.


Fraudulent practice in the first degree is a class “C” felony.


CREDIT(S)


Added by Acts 1977 (67 G.A.) ch. 149, § 4, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 2.


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


I.C.A. § 714.10


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.10. Fraudulent practice in the second degree


Fraudulent practice in the second degree is the following:


1. A fraudulent practice where the amount of money or value of property or services involved exceeds one thousand dollars but does not exceed ten thousand dollars.


2. A fraudulent practice where the amount of money or value of property or services involved does not exceed one thousand dollars by one who has been convicted of a fraudulent practice twice before.


Fraudulent practice in the second degree is a class “D” felony.


CREDIT(S)


Added by Acts 1977 (67 G.A.) ch. 149, § 4, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 3.


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


I.C.A. § 714.11


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.11. Fraudulent practice in the third degree


Fraudulent practice in the third degree is the following:


1. A fraudulent practice where the amount of money or value of property or service involved exceeds five hundred dollars but does not exceed one thousand dollars.


2. A fraudulent practice as set forth in section 714.8, subsections 2, 8 and 9.


3. A fraudulent practice where it is not possible to determine an amount of money or value of property and service involved.


Fraudulent practice in the third degree is an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1977 (67 G.A.) ch. 149, § 4, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 4.


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


I.C.A. § 714.12


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.12. Fraudulent practice in the fourth degree


Fraudulent practice in the fourth degree is a fraudulent practice where the amount of money or value of property or services involved exceeds two hundred dollars but does not exceed five hundred dollars.


Fraudulent practice in the fourth degree is a serious misdemeanor.


CREDIT(S)


Added by Acts 1977 (67 G.A.) ch. 149, § 4, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 5; Acts 1999 (78 G.A.) ch. 153, § 12.


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


I.C.A. § 714.13


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.13. Fraudulent practice in the fifth degree


Fraudulent practice in the fifth degree is a fraudulent practice where the amount of money or value of property or services involved does not exceed two hundred dollars.


Fraudulent practice in the fifth degree is a simple misdemeanor.


CREDIT(S)


Added by Acts 1977 (67 G.A.) ch. 149, § 4, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 6; Acts 1999 (78 G.A.) ch. 153, § 13.


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


I.C.A. § 714.14


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.14. Value for purposes of fraudulent practices


The value of property or service is its highest value by any reasonable standard at the time the fraudulent practice is committed. Reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.


If money or property or service is obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the fraudulent practices are attributable to a single scheme, plan, or conspiracy, these acts may be considered as a single fraudulent practice and the value may be the total value of all money, property, and service involved.


CREDIT(S)


Added by Acts 1977 (67 G.A.) ch. 149, § 4, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1162, § 2.


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


I.C.A. § 714.15


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.15. Reproduction of sound recordings


For the purposes of this section:


“Person” shall mean person as defined in section 4.1, subsection 20.


“Owner” means any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded, and from which the transferred recorded sounds are derived.


1. Except as provided in subsection 3, it is unlawful for a person knowingly to:


a. Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article without the consent of the owner; or


b. Sell; distribute; circulate; offer for sale, distribution or circulation; possess for the purpose of sale, distribution or circulation; or cause to be sold, distributed, circulated; offered for sale, distribution or circulation; or possessed for sale, distribution or circulation, any article or device on which sounds have been transferred without the consent of the person who owns the master phonograph record, master disc, master tape or other device or article from which the sounds are derived.


2. It is unlawful for a person to sell, distribute, circulate, offer for sale, distribution or circulation or possess for the purposes of sale, distribution or circulation, any phonograph record, disc, wire, tape, film or other article on which sounds have been transferred unless the phonograph record, disc, wire, tape, film or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package.


3. This section does not apply to a person who transfers or causes to be transferred sounds intended for or in connection with radio or television broadcast transmission or related uses, synchronized sound tracks of motion pictures or sound tracks recorded for synchronizing with motion pictures, for archival purposes or for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer.


4. A person who violates the provisions of this section is guilty of theft.


CREDIT(S)


Transferred from §§ 713.44, 713.45, Code 1977.


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


I.C.A. § 714.16


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.16. Consumer frauds


1. Definitions:


a. The term “advertisement” includes the attempt by publication, dissemination, solicitation, or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.


b. “Buyer”, as used in subsection 2, paragraph “h”, means the person to whom the water system is being sold, leased, or rented.


c. “Consumer information pamphlet” means a publication which explains water quality, health effects, quality expectations for drinking water, and the effectiveness of water treatment systems.


d. “Consummation of sale” means completion of the act of selling, leasing, or renting.


e. “Contaminant” means any particulate, chemical, microbiological, or radiological substance in water which has a potentially adverse health effect and for which a maximum contaminant level (MCL) or treatment technique requirement or an action level established in lieu of a maximum contaminant level (MCL), has been specified in the national primary drinking water regulations.


f. “Deception” means an act or practice which has the tendency or capacity to mislead a substantial number of consumers as to a material fact or facts.


g. “Label”, as used in subsection 2, paragraph “h”, means the written, printed, or graphic matter permanently affixed or attached to or printed on the water treatment system.


h. “Manufacturer's performance data sheet” means a booklet, document, or other printed material containing, at a minimum, the information required pursuant to subsection 2, paragraph “h”.


i. The term “merchandise” includes any objects, wares, goods, commodities, intangibles, securities, bonds, debentures, stocks, real estate or services.


j. The term “person” includes any natural person or the person's legal representative, partnership, corporation (domestic and foreign), company, trust, business entity or association, and any agent, employee, salesperson, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof.


k. The term “sale” includes any sale, offer for sale, or attempt to sell any merchandise for cash or on credit.


l. “Seller”, as used in subsection 2, paragraph “h”, means the person offering the water treatment system for sale, lease, or rent.


m. The term “subdivided lands” refers to improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease, whether immediate or future, into five or more lots or parcels; provided, however, it does not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building or commercial building unless an undivided interest in the land is granted as a condition precedent to occupying space in said structure.


n. “Unfair practice” means an act or practice which causes substantial, unavoidable injury to consumers that is not outweighed by any consumer or competitive benefits which the practice produces.


o. “Water treatment system” means a device or assembly for which a claim is made that it will improve the quality of drinking water by reducing one or more contaminants through mechanical, physical, chemical, or biological processes or combinations of the processes. As used in this paragraph and in subsection 2, paragraph “h”, each model of a water treatment system shall be deemed a distinct water treatment system.


2. a. The act, use or employment by a person of an unfair practice, deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of a material fact with intent that others rely upon the concealment, suppression, or omission, in connection with the lease, sale, or advertisement of any merchandise or the solicitation of contributions for charitable purposes, whether or not a person has in fact been misled, deceived, or damaged, is an unlawful practice.


It is deceptive advertising within the meaning of this section for a person to represent in connection with the lease, sale, or advertisement of any merchandise that the advertised merchandise has certain performance characteristics, accessories, uses, or benefits or that certain services are performed on behalf of clients or customers of that person if, at the time of the representation, no reasonable basis for the claim existed. The burden is on the person making the representation to demonstrate that a reasonable basis for the claim existed.


A retailer who uses advertising for a product, other than a drug or other product claiming to have a health related benefit or use, prepared by a supplier shall not be liable under this section unless the retailer participated in the preparation of the advertisement; knew or should have known that the advertisement was deceptive, false, or misleading; refused to withdraw the product from sales upon the request of the attorney general pending a determination of whether the advertisement was deceptive, false, or misleading; refused upon the request of the attorney general to provide the name and address of the supplier; or refused to cooperate with the attorney general in an action brought against the supplier under this section.


“Material fact” as used in this subsection does not include repairs of damage to or adjustments on or replacements of parts with new parts of otherwise new merchandise if the repairs, adjustments or replacements are made to achieve compliance with factory specifications and are made before sale of the merchandise at retail and the actual cost of any labor and parts charged to or performed by a retailer for any such repairs, adjustments and parts does not exceed three hundred dollars or ten percent of the actual cost to a retailer including freight of the merchandise, whichever is less, providing that the seller posts in a conspicuous place notice that repairs, adjustments or replacements will be disclosed upon request. The exemption provided in this paragraph does not apply to the concealment, suppression or omission of a material fact if the purchaser requests disclosure of any repair, adjustment or replacement.


b. The advertisement for sale, lease or rent, or the actual sale, lease, or rental of any merchandise at a price or with a rebate or payment or other consideration to the purchaser which is contingent upon the procurement of prospective customers provided by the purchaser, or the procurement of sales, leases, or rentals to persons suggested by the purchaser, is declared to be an unlawful practice rendering any obligation incurred by the buyer in connection therewith, completely void and a nullity. The rights and obligations of any contract relating to such contingent price, rebate, or payment shall be interdependent and inseverable from the rights and obligations relating to the sale, lease, or rental.


c. It is an unlawful practice for any person to advertise the sale of merchandise at reduced rates due to the cessation of business operations and after the date of the first such advertisement remain in business under the same or substantially the same ownership, or under the same or substantially the same trade name, or to continue to offer for sale the same type of merchandise at the same location for more than one hundred twenty days. As used in this paragraph “person” includes a person who acquires an ownership interest in the business either within sixty days before the initial advertisement of the sale or at any time after the initial advertisement of the sale. In addition, a person acquiring an ownership interest shall comply with paragraph “g” if the person adds additional merchandise to the sale.


d. (1) No person shall offer or advertise within this state for sale or lease, any subdivided lands without first filing with the real estate commission true and accurate copies of all road plans, plats, field notes, and diagrams of water, sewage, and electric power lines as they exist at the time of the filing, however, this filing is not required for a subdivision subject to section 306.21 or chapter 354. A filing shall be accompanied by a fee of fifty dollars for each subdivision included, payable to the real estate commission.


(2) False or misleading statements filed pursuant to subparagraph (1) or section 306.21 or chapter 354, and advertising, offers to sell, or contracts not in substantial conformity with the filings made pursuant to section 306.21 or chapter 354 are unlawful.


e. Any violations of chapter 123 or any other provisions of law by a manufacturer, distiller, vintner, importer, or any other person participating in the distribution of alcoholic liquor or beer as defined in chapter 123.


f. A violation of a provision of sections 535C.1 through 535C.10 is an unlawful practice.


g. It is an unlawful practice for a person to acquire directly or indirectly an interest in a business which has either gone out of business or is going out of business and conduct or continue a going-out-of-business sale where additional merchandise has been added to the merchandise of the liquidating business for the purposes of the sale, unless the person provides a clear and conspicuous notice in all advertisements that merchandise has been added. The advertisement shall also state the customary retail price of the merchandise that has been added or brought in for the sale. The person acquiring the interest shall obtain a permit to hold the sale before commencing the sale. If the sale is to be held in a city which has an ordinance regulating going-out-of-business sales, then the permit shall be obtained from the city. If the sale is to be located outside of a city or in a city which does not have an ordinance regulating going-out-of-business sales, then the permit shall be obtained from the county in which the proposed sale is to be held. The county board of supervisors shall prescribe the procedures necessary to obtain the permit. The permit shall state the percentage of merchandise for sale that was obtained from the liquidating business and the percentage of merchandise for sale that was added from other sources. The permit or an accurate reproduction of the permit shall be clearly and conspicuously posted at all entrances to the site of the sale and at all locations where sales are consummated. A person who violates this paragraph, including any misrepresentation of the presence and the percentage of additional merchandise that had been added to that of the liquidating company, is liable for a civil penalty of not to exceed one thousand dollars for each day of each violation. The civil penalties collected shall be deposited in the general fund of the political entity which prosecutes the violation. The civil penalty is in addition to and not in lieu of any criminal penalty. A political entity enforcing this paragraph may obtain a preliminary injunction without posting a bond to enjoin a violation of paragraph “c” and this paragraph pending a hearing.


This paragraph does not prohibit a city or county from adopting an ordinance prohibiting the conducting of a going-out-of-business sale in which additional merchandise is added to the merchandise of the liquidating business for the purposes of the sale.


h. It is an unlawful practice for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system in this state, for which claims or representations of removing health-related contaminants are made, unless the water treatment system:


(1) Has been performance tested by a third-party testing agency that has been authorized by the Iowa department of public health. Alternatively, in lieu of third-party performance testing of the manufacturer's water treatment system, the manufacturer may rely upon the manufacturer's own test data after approval of the data by an accepted third-party evaluator as provided in this subparagraph. The Iowa department of public health shall review the qualifications of a third-party evaluator proposed by the manufacturer. The department may accept or reject a proposed third-party evaluator based upon the required review. If a third-party evaluator, accepted by the Iowa department of public health, finds that the manufacturer's test data is reliable, adequate, and fairly presented, the manufacturer may rely upon that data to satisfy the requirements of this subparagraph after filing a copy of the test data and the report of the third-party evaluator with the Iowa department of public health. The testing agency shall use, or the evaluator shall review for the use of, approved methods of performance testing determined to be appropriate by the state hygienic laboratory.


(2) Has met the performance testing requirements specified in the testing protocol.


(3) Bears a conspicuous and legible label stating, “IMPORTANT NOTICE--Read the Manufacturer's Performance Data Sheet” and is accompanied by a manufacturer's performance data sheet.


The manufacturer's performance data sheet shall be given to the buyer and shall be signed and dated by the buyer and the seller prior to the consummation of the sale of the water treatment system. The manufacturer's performance data sheet shall contain information including, but not limited to:


(a) The name, address, and telephone number of the seller.


(b) The name, brand, or trademark under which the unit is sold, and its model number.


(c) Performance and test data including, but not limited to, the list of contaminants certified to be reduced by the water treatment system; the test influent concentration level of each contaminant or surrogate for that contaminant; the percentage reduction or effluent concentration of each contaminant or surrogate; where applicable, the maximum contaminant level (MCL) or a treatment technique requirement or an action level established in lieu of a maximum contaminant level (MCL) specified in the national primary drinking water regulations; where applicable, the approximate capacity in gallons; where applicable, the period of time during which the unit is effective in reducing contaminants based upon the contaminant or surrogate influent concentrations used for the performance tests; where applicable, the flow rate, pressure, and operational temperature of the water during the performance tests.


(d) Installation instructions.


(e) The recommended operational procedures and requirements necessary for the proper operation of the unit including, but not limited to, electrical requirements; maximum and minimum pressure; flow rate; temperature limitations; maintenance requirements; and where applicable, replacement frequencies.


(f) The seller's limited warranty.


(4) Is accompanied by the consumer information pamphlet compiled by the Iowa department of public health.


The consumer information pamphlet provided to the buyer of a water treatment system shall be compiled by the Iowa department of public health, reviewed annually, and updated as necessary. The consumer information pamphlet shall be distributed to persons selling water treatment systems and the costs of the consumer information pamphlet shall be borne by persons selling water treatment systems. The Iowa department of public health shall adopt rules pursuant to chapter 17A and charge all fees necessary to administer this section.


i. It is an unlawful practice for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system in this state for which false or deceptive claims or representations of removing health-related contaminants are made.


j. It is an unlawful practice for a person to make any representation or claim that the seller's water treatment system has been approved or endorsed by any agency of the state.


k. It is an unlawful practice for a supplier to commit a deceptive act or practice under chapter 537B.


l. It is an unlawful practice for a repair facility or manufacturer or distributor of aftermarket crash parts, as defined in section 537B.4, to commit a deceptive act or practice under chapter 537B.


m. It is an unlawful practice for a person to advertise the sale of wood products without disclosing information which may affect the price of the product.


An advertisement for all plywood and dimension lumber products shall include the grade and species, in accordance with federal products standards 1 and 20, and the measure. The products advertised shall also be labeled according to the federal products standards.


An advertisement for any other wood product shall include the grade and species, according to the applicable federal product standards, and the measure. These products need not be labeled.


An advertisement for any wood products must also include the following:


(1) The condition of the wood product, including but not limited to the following designations:


(a) Green.


(b) Kiln-dried.


(c) Air-dried or partially air-dried.


(2) Whether the wood product consists of seconds, culls, shop grade, or ungraded material.


Use of any contrived or unrecognized grading standard is prohibited, and any factors affecting the final delivered price of the products shall be disclosed and displayed in a conspicuous place.


This paragraph applies only to persons who offer wood products for sale in the ordinary course of business, except that this paragraph does not apply to any person who produces rough-sawed lumber, commonly referred to as native lumber, in this state. For purposes of this paragraph:


“Dimension lumber” means softwood lumber nominally referred to as “two inch by four inch” or greater.


“Labeling” means all labels and other written, printed, branded, or graphic matter upon any building material.


“Plywood” means a structural material consisting of sheets or chips of wood glued or cemented together.


“Wood products” means any wood products derived from trees as a result of any work or manufacturing process upon the wood, and intended primarily for use as a building material.


n. (1) It is an unlawful practice for a person to misrepresent the geographic location of a supplier of a service or product by listing a fictitious business name or an assumed business name in a local telephone directory or directory assistance database if all of the following apply:


(a) The name purportedly represents the geographic location of the supplier.


(b) The listing does not identify the address, including the city and state, of the supplier.


(c) Calls made to a local telephone number are routinely forwarded to or otherwise transferred to a business location that is outside the local calling area covered by the local telephone directory or directory assistance database.


(2) A telephone company, provider of directory assistance, publisher of a local telephone directory, or officer, employee, or agent of such company, provider, or publisher shall not be liable in a civil action under this section for publishing in any directory or directory assistance database the listing of a fictitious or assumed business name of a person in violation of subparagraph (1) unless the telephone company, directory assistance provider, directory publisher, or officer, employee, or agent of the company, provider, or publisher is the person committing such violation.


(3) For purposes of this paragraph:


(a) “Local telephone directory” means a telephone classified advertising directory or the business section of a telephone directory that is distributed free of charge to some or all telephone subscribers in a local area.


(b) “Local telephone number” means a telephone number that has a three-number prefix used by the provider of telephone service for telephone customers physically located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers or 800, 888, or 900 exchange numbers listed in the telephone directory.


3. When it appears to the attorney general that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by this section or when the attorney general believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in or is about to engage in, any such practice, the attorney general may:


a. Require such person to file on such forms as the attorney general may prescribe a statement or report in writing under oath or otherwise, as to all the facts and circumstances concerning the sale or advertisement of merchandise by such person, and such other data and information as the attorney general may deem necessary;


b. Examine under oath any person in connection with the sale or advertisement of any merchandise;


c. Examine any merchandise or sample thereof, record, book, document, account or paper as the attorney general may deem necessary; and


d. Pursuant to an order of a district court impound any record, book, document, account, paper, or sample of merchandise that is produced in accordance with this section, and retain the same in the attorney general's possession until the completion of all proceedings in connection with which the same are produced.


4. a. To accomplish the objectives and to carry out the duties prescribed by this section, the attorney general, in addition to other powers conferred upon the attorney general by this section, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such rules as may be necessary, which rules shall have the force of law.


b. Subject to paragraph “c”, information, documents, testimony, or other evidence provided to the attorney general by a person pursuant to paragraph “a” or subsection 3, or provided by a person as evidence in any civil action brought pursuant to this section, shall not be admitted in evidence, or used in any manner whatsoever, in any criminal prosecution or forfeiture proceeding against that person. If a criminal prosecution or forfeiture proceeding is initiated in a state court against a person who has provided information pursuant to paragraph “a” or subsection 3, the state shall have the burden of proof that the information provided was not used in any manner to further the criminal investigation, prosecution, or forfeiture proceeding.


c. Paragraph “b” does not apply unless the person has first asserted a right against self-incrimination and the attorney general has elected to provide the person with a written statement that the information, documents, testimony, or other evidence at issue are subject to paragraph “b”. After a person has been provided with such a written statement by the attorney general, a claim of privilege against self-incrimination is not a defense to any action or proceeding to obtain the information, documents, testimony, or other evidence. The limitation on the use of evidence in a criminal proceeding contained in this section does not apply to any prosecution or proceeding for perjury or contempt of court committed in the course of the giving or production of the information, documents, testimony, or other evidence.


5. Service by the attorney general of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made personally within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner:


a. Personal service thereof without this state; or


b. The mailing thereof by registered mail to the last known place of business, residence or abode within or without this state of such person for whom the same is intended; or


c. As to any person other than a natural person, in the manner provided in the Rules of Civil Procedure as if a petition had been filed; or


d. Such service as a district court may direct in lieu of personal service within this state.


6. If a person fails or refuses to file a statement or report, or obey any subpoena issued by the attorney general, the attorney general may, after notice, apply to the Polk county district court or the district court for the county in which the person resides or is located and, after hearing, request an order:


a. Granting injunctive relief, restraining the sale or advertisement of any merchandise by such persons.


b. Dissolving a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits, or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice.


c. Granting such other relief as may be required until the person files the statement or report, or obeys the subpoena.


7. A civil action pursuant to this section shall be by equitable proceedings. If it appears to the attorney general that a person has engaged in, is engaging in, or is about to engage in a practice declared to be unlawful by this section, the attorney general may seek and obtain in an action in a district court a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the person from continuing the practice or engaging in the practice or doing an act in furtherance of the practice. The court may make orders or judgments as necessary to prevent the use or employment by a person of any prohibited practices, or which are necessary to restore to any person in interest any moneys or property, real or personal, which have been acquired by means of a practice declared to be unlawful by this section, including the appointment of a receiver in cases of substantial and willful violation of this section. If a person has acquired moneys or property by any means declared to be unlawful by this section and if the cost of administering reimbursement outweighs the benefit to consumers or consumers entitled to the reimbursement cannot be located through reasonable efforts, the court may order disgorgement of moneys or property acquired by the person by awarding the moneys or property to the state to be used by the attorney general for the administration and implementation of this section. Except in an action for the concealment, suppression, or omission of a material fact with intent that others rely upon it, it is not necessary in an action for reimbursement or an injunction, to allege or to prove reliance, damages, intent to deceive, or that the person who engaged in an unlawful act had knowledge of the falsity of the claim or ignorance of the truth. A claim for reimbursement may be proved by any competent evidence, including evidence that would be appropriate in a class action.


In addition to the remedies otherwise provided for in this subsection, the attorney general may request and the court may impose a civil penalty not to exceed forty thousand dollars per violation against a person found by the court to have engaged in a method, act, or practice declared unlawful under this section; provided, however, a course of conduct shall not be considered to be separate and different violations merely because the conduct is repeated to more than one person. In addition, on the motion of the attorney general or its own motion, the court may impose a civil penalty of not more than five thousand dollars for each day of intentional violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under authority of this section. A penalty imposed pursuant to this subsection is in addition to any penalty imposed pursuant to section 537.6113. Civil penalties ordered pursuant to this subsection shall be paid to the treasurer of state to be deposited in the general fund of the state.


8. When a receiver is appointed by the court pursuant to this section, the receiver shall have the power to sue for, collect, receive and take into possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any practice declared to be illegal and prohibited by this section, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful practices and submits proof to the satisfaction of the court that the person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.


9. Subject to an order of the court terminating the business affairs of any person after receivership proceedings held pursuant to this section, the provisions of this section shall not bar any claim against any person who has acquired any moneys or property, real or personal, by means of any practice herein declared to be unlawful.


10. A civil action pursuant to this section may be commenced in the county in which the person against whom it is brought resides, has a principal place of business, or is doing business, or in the county where the transaction or any substantial portion of the transaction occurred, or where one or more of the victims reside.


11. In an action brought under this section, the attorney general is entitled to recover costs of the court action and any investigation which may have been conducted, including reasonable attorneys' fees, for the use of this state.


12. If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions of applications of the section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable.


13. The attorney general or the designee of the attorney general is deemed to be a regulatory agency under chapter 692 for the purpose of receiving criminal intelligence data relating to violations of this section.


14. This section does not apply to the newspaper, magazine, publication, or other print media in which the advertisement appears, or to the radio station, television station, or other electronic media which disseminates the advertisement if the newspaper, magazine, publication, radio station, television station, or other print or electronic media has no knowledge of the fraudulent intent, design, or purpose of the advertiser at the time the advertisement is accepted; and provided, further, that nothing herein contained shall apply to any advertisement which complies with the rules and regulations of, and the statutes administered by the federal trade commission.


15. The attorney general may bring an action on behalf of the residents of this state, or as parens patriae, under the federal Telemarketing and Consumer Fraud and Abuse Prevention Act, Pub. L. No. 103-297, and pursue any and all enforcement options available under that Act. Subsequent amendments to that Act which do not substantially alter its structure and purpose shall not be construed to affect the authority of the attorney general to pursue an action pursuant to this section, except to the extent the amendments specifically restrict the authority of the attorney general.


CREDIT(S)


Transferred from § 713.24, Code 1977. Amended by Acts 1979 (68 G.A.) ch. 148, § 1, eff. Jan. 1, 1980; Acts 1983 (70 G.A.) ch. 146, § 12; Acts 1985 (71 G.A.) ch. 16, §§ 1, 2; Acts 1987 (72 G.A.) ch. 164, §§ 1 to 7; Acts 1988 (72 G.A.) ch. 1016, §§ 1, 2; Acts 1989 (73 G.A.) ch. 93, § 7; Acts 1989 (73 G.A.) ch. 129, § 1; Acts 1990 (73 G.A.) ch. 1010, § 6; Acts 1990 (73 G.A.) ch. 1236, § 53; Acts 1991 (74 G.A.) ch. 212, § 1; Acts 1992 (74 G.A.) ch. 1062, § 3, eff. April 13, 1992; Acts 1994 (75 G.A.) ch. 1142, § 5; Acts 1998 (77 G.A.) ch. 1200, §§ 1 to 3; Acts 2000 (78 G.A.) ch. 1079, § 1; Acts 2000 (78 G.A.) ch. 1232, § 85; Acts 2001 (79 G.A.) ch. 58, §§ 15, 16; Acts 2002 (79 G.A.) ch. 1119, § 194, eff. July 1, 2000.


APPLICATION


<For provisions relating to retroactive application of amendment to subsec. 2, par. n, see Acts 2002 (79 G.A.) ch. 1119, § 203, subsec. 2.>


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


I.C.A. § 714.16A


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.16A. Additional civil penalty for consumer frauds committed against elderly--fund established


1. If a person violates section 714.16, and the violation is committed against an older person, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of section 714.16, regardless of whether an action has been filed pursuant to section 714.16.


A civil penalty imposed by a court or determined and accepted by the attorney general pursuant to this section shall be paid to the treasurer of state, who shall deposit the money in the elderly victim fund, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state. An award of reimbursement pursuant to section 714.16 has priority over a civil penalty imposed by the court pursuant to this subsection.


2. In determining whether to impose a civil penalty under subsection 1, and the amount of any such penalty, the court shall consider the following:


a. Whether the defendant's conduct was in willful disregard of the rights of the older person.


b. Whether the defendant knew or should have known that the defendant's conduct was directed to an older person.


c. Whether the older person was substantially more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.


d. Any other factors the court deems appropriate.


3. As used in this section, “older person” means a person who is sixty-five years of age or older.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 102, § 1. Amended by Acts 1994 (75 G.A.) ch. 1142, § 6; Acts 1998 (77 G.A.) ch. 1200, § 4.


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


I.C.A. § 714.16B


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.16B. Identity theft--civil cause of action


In addition to any other remedies provided by law, a person as defined under section 714.16, subsection 1, suffering a pecuniary loss as a result of an identity theft by another person under section 715A.8, or a financial institution on behalf of an account holder suffering a pecuniary loss as a result of an identity theft by another person under section 715A.8, may bring an action against such other person to recover all of the following:


1. Five thousand dollars or three times the actual damages, whichever is greater.


2. Reasonable costs incurred due to the violation of section 715A.8, including all of the following:


a. Costs for repairing the victim's credit history or credit rating.


b. Costs incurred for bringing a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim.


c. Punitive damages, attorney fees, and court costs.


For purposes of this section, “financial institution” means the same as defined in section 527.2, and includes an insurer organized under Title XIII, subtitle 1, [FN1] of this Code, or under the laws of any other state or the United States.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 47, § 1. Amended by Acts 2005 (81 G.A.) ch. 18, S.F. 270, § 2.


[FN1] See § 505.1 et seq.


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


I.C.A. § 714.16C


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.16C. Consumer education and litigation fund


1. A consumer education and litigation fund is created as a separate fund in the state treasury to be administered by the attorney general. Moneys credited to the fund shall include amounts received as a result of a state or federal civil consumer fraud judgment or settlement, civil penalties, costs, or attorney fees, and amounts which are specifically directed to the credit of the fund by the judgment or settlement, and amounts which are designated by the judgment or settlement for use by the attorney general for consumer litigation or education purposes. Moneys designated for consumer reimbursement shall not be credited to the fund, except to the extent that such moneys are permitted to be used for enforcement of section 714.16.


2. For each fiscal year, not more than one million one hundred twenty-five thousand dollars is appropriated from the fund to the department of justice to be used for public education relating to consumer fraud and for enforcement of section 714.16 and federal consumer laws, and not more than seventy-five thousand dollars is appropriated from the fund to the department of justice to be used for investigation, prosecution, and consumer education relating to consumer and criminal fraud committed against older Iowans.


3. Notwithstanding section 8.33, moneys credited to the fund shall not revert to any other fund. Notwithstanding section 12C.7, interest or earnings on the moneys in the fund shall be credited to the fund.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 213, S.F. 575, § 24.


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


I.C.A. § 714.17


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.17. Unlawful advertising and selling of educational courses


It shall be unlawful for any person, firm, association, or corporation maintaining, advertising, or conducting in Iowa any educational course for profit, or for tuition charge, whether by classroom instructions, by correspondence, or by other delivery method to:


1. Falsely advertise or represent to any person any matter material to an educational course. All advertising of such courses shall adhere to and comply with the applicable rules and regulations of the federal trade commission.


2. Collect tuition or other charges in excess of one hundred fifty dollars in the case of educational courses offered by correspondence, in advance of the receipt and approval by the pupil of the first assignment or lesson of such course. Any contract providing for advance payment of more than one hundred fifty dollars shall be voidable on the part of the pupil or any person liable for the tuition provided for in the contract.


3. Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by an educational course, unless the promisor or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a period of not less than one hundred twenty days in a business or other enterprise regularly conducted by the promisor or guarantor and in which such information, training, or skill is a normal condition of employment.


CREDIT(S)


Transferred from § 713A.1, Code 1977. Amended by Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, § 10.


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


I.C.A. § 714.18


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.18. Evidence of financial responsibility


1. Except as otherwise provided in subsection 2, every person, firm, association, or corporation maintaining or conducting in Iowa any educational course by classroom instruction or by correspondence or by other delivery method, or soliciting in Iowa the sale of such course, shall file with the college student aid commission all of the following:


a. A continuous corporate surety bond to the state of Iowa in the sum of fifty thousand dollars conditioned on the faithful performance of all contracts and agreements with students made by such person, firm, association, or corporation, or their salespersons; but the aggregate liability of the surety for all breaches of the conditions of the bond shall not exceed the sum of the bond. The surety on the bond may cancel the bond upon giving thirty days' written notice to the college student aid commission and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation.


b. A statement designating a resident agent for the purpose of receiving service in civil actions. In the absence of such designation, service may be had upon the secretary of state if service cannot otherwise be made in this state.


c. A copy of any catalog, prospectus, brochure, or other advertising material intended for distribution in Iowa. Such material shall state the cost of the educational course offered, the schedule of tuition refunds for portions of the educational course not completed, and if no refunds are to be paid, the material shall so state. Any contract induced by advertising materials not previously filed as provided in this chapter shall be voidable on the part of the pupil or any person liable for the tuition provided for in the contract.


2. A school licensed under the provisions of section 157.8 or 158.7 shall file with the college student aid commission the following:


a. (1) A continuous corporate surety bond to the state of Iowa in the sum of fifty thousand dollars or ten percent of the total annual tuition collected, whichever is less, conditioned on the faithful performance of all contracts and agreements with students made by such school. A school desiring to file a surety bond based on a percentage of annual tuition shall provide to the college student aid commission, in the form prescribed by the commission, a notarized statement attesting to the total amount of tuition collected in the preceding twelve-month period. The commission shall determine the sufficiency of the statement and the amount of the bond. Tuition information submitted pursuant to this subparagraph shall be kept confidential.


(2) If the school has filed a performance bond with an agency of the United States government pursuant to federal law, the college student aid commission shall reduce the bond required by this paragraph “a” by an amount equal to the amount of the federal bond.


(3) The aggregate liability of the surety for all breaches of the conditions of the bond shall not exceed the sum of the bond. The surety on the bond may cancel the bond upon giving thirty days' written notice to the college student aid commission and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation.


(4) The college student aid commission may accept a letter of credit issued by a bank in lieu of and for the amount of the corporate surety bond required by subparagraphs (1) through (3), as applicable.


b. The statement required in subsection 1, paragraph “b”.


c. The materials required in subsection 1, paragraph “c”.


CREDIT(S)


Transferred from § 713A.2, Code 1977. Amended by Acts 1985 (71 G.A.) ch. 212, § 21; Acts 1989 (73 G.A.) ch. 240, § 6; Acts 1990 (73 G.A.) ch. 1222, §§ 1, 2; Acts 2002 (79 G.A.) ch. 1140, §§ 40 to 42; Acts 2009 (83 G.A.) ch. 12, S.F. 270, § 15; Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, §§ 11, 12.


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


I.C.A. § 714.19


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.19. Nonapplicability


The provisions of sections 714.17 to 714.21 shall not apply to the following:


1. Colleges or universities authorized by the laws of Iowa or any other state or foreign country to grant degrees.


2. Schools of nursing accredited by the board of nursing or an equivalent public board of another state or foreign country.


3. Public schools.


4. Private and nonprofit schools recognized by the department of education or a local school board for the purpose of complying with chapter 299 and employing certified teachers.


5. Nonprofit schools exclusively engaged in training persons with disabilities in the state of Iowa.


6. Schools and educational programs conducted by firms, corporations, or persons for which no fee is charged.


7. Seminars, refresher courses, and schools of instruction conducted by professional, business, or farming organizations or associations for the members and employees of members of such organizations or associations. A person who provides instruction under this subsection who is not a member or an employee of a member of the organization or association shall not be eligible for this exemption.


8. Private business schools accredited by an accrediting agency recognized by the United States department of education or the council for higher education accreditation.


9. Private college preparatory schools accredited or probationally accredited under section 256.11, subsection 13.


10. Private, nonprofit schools that meet the criteria established under section 261.9, subsection 1.


CREDIT(S)


Transferred from § 713A.3, Code 1977. Amended by Acts 1986 (71 G.A.) ch. 1245, § 1498; Acts 1989 (73 G.A.) ch. 240, § 7; Acts 1996 (76 G.A.) ch. 1129, § 108; Acts 2001 (79 G.A.) ch. 24, § 59; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 19; Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, §§ 13 to 15.


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


I.C.A. § 714.20


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.20. One contract per person


It shall be unlawful to sell more than one lifetime contract to any one person.


CREDIT(S)


Transferred from § 713A.4, Code 1977.


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


I.C.A. § 714.21


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.21. Penalty


Violation of any of the provisions of section 714.17, 714.18 or 714.20 shall be a serious misdemeanor.


CREDIT(S)


Transferred from § 713A.5, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 52.


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


I.C.A. § 714.21A


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.21A. Civil enforcement


A violation of chapter 261B, or section 714.17, 714.18, 714.20, 714.23, or 714.25 constitutes an unlawful practice pursuant to section 714.16.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 12, S.F. 270, § 16.


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


I.C.A. § 714.22


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.22. Repealed by Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, § 20


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


I.C.A. § 714.23


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.23. Refund policies


1. a. For the purposes of this section and section 714.25, “postsecondary educational program” means a series of postsecondary educational courses that lead to a recognized educational credential such as an academic or professional degree, diploma, or license.


b. For the purposes of this section, “school period” means the course, term, payment period, postsecondary educational program, or other period for which the school assessed tuition charges to the student. A school that assesses tuition charges to the student at the beginning of each course, term, payment period, or other period that is shorter than the postsecondary educational program's length shall base its tuition refund on the amount of tuition costs the school charged for the course, term, or other period in which the student terminated. A school shall not base its tuition refund calculation on any portion of a postsecondary educational program that remains after a student terminates unless the student was charged for that remaining portion of the postsecondary educational program before the student's termination and the student began attendance in the school term or course.


2. A person offering at least one postsecondary educational program, for profit, that is more than four months in length and leads to a recognized educational credential, shall make a pro rata refund of tuition charges to an Iowa resident student who terminates from any of the school's postsecondary educational programs in an amount that is not less than ninety percent of the amount of tuition charged to the student multiplied by the ratio of the number of calendar days remaining in the school period until the date equivalent to the completion of sixty percent of the calendar days in the school period to the total number of calendar days in the school period until the date equivalent to the completion of sixty percent of the calendar days in the school period.


3. Notwithstanding the provisions of subsection 2, the following tuition refund policy shall apply:


a. If a terminating student has completed sixty percent or more of a school period, the person offering the postsecondary educational program is not required to refund tuition charges to the student. However, if, at any time, a student terminates a postsecondary educational program due to the student's physical incapacity or, for a program that requires classroom instruction, due to the transfer of the student's spouse's employment to another city, the terminating student shall receive a refund of tuition charges in an amount that equals the amount of tuition charged to the student multiplied by the ratio of the remaining number of calendar days in the school period to the total number of calendar days in the school period.


b. A school shall provide to a terminating student a refund of tuition charges in an amount that is not less than ninety percent of the amount of tuition charged to the student multiplied by the ratio of the remaining number of calendar days in the school period to the total number of calendar days in the school period. This paragraph “b” applies to those persons offering at least one postsecondary educational program of more than four months in length, for profit, whose cohort default rate for students under the Stafford loan program as reported by the United States department of education for the most recent federal fiscal year is more than one hundred ten percent of the national average cohort default rate of all schools for the same federal fiscal year or six percent, whichever is higher.


4. In the case of a program in which student progress is measured only in clock hours, all occurrences of “calendar days” in subsections 2 and 3 shall be replaced with “scheduled clock hours”.


5. A refund of tuition charges shall be provided to the student within forty-five days following the date of the school's determination that a student has terminated from a postsecondary educational program.


6. A student who terminates a postsecondary educational program shall not be charged any fee or other monetary penalty for terminating the postsecondary educational program, other than a reduction in tuition refund as specified in this section.


7. A violation of this section is a simple misdemeanor.


CREDIT(S)


Added by Acts 1985 (71 G.A.) ch. 220, § 1. Amended by Acts 1990 (73 G.A.) ch. 1222, § 3; Acts 1991 (74 G.A.) ch. 97, § 61; Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, §§ 16, 17.


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


I.C.A. § 714.24


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.24. Additional requirements


1. A required filing of evidence of financial responsibility pursuant to section 714.18 must be completed at least once every two years.


2. An entity that claims an exemption under section 714.19 or 714.22 [FN1] must file an exemption claim with the commission. The commission may approve or deny the exemption claim. Except for a school that claims an exemption under section 714.19, subsection 1, 3, or 10, a filing of a claim for an exemption pursuant to section 714.19 or 714.22 [FN1] must be completed at least once every two years.


3. An entity that claims an exemption under section 714.19 or 714.22 [FN1] must file evidence of financial responsibility pursuant to section 714.18 within sixty calendar days following the date upon which conditions that qualify the entity for an exemption under section 714.19 no longer exist. The commission may grant an entity a longer period to file evidence of financial responsibility based on documentation the entity provides to the commission of its substantial progress to comply with section 714.18, subsection 1, paragraph “a”.


4. An entity that is required to file evidence of financial responsibility under section 714.18, or an entity that files a claim of exemption under section 714.19 or 714.22, [FN1] shall utilize required forms approved and supplied by the commission.


5. The commission may, at its discretion, require a proprietary school that must comply with section 714.23 to submit its tuition refund policy to the commission for its review and approval.


6. The commission and the attorney general may, individually or jointly, adopt rules pursuant to chapter 17A for the implementation of sections 714.18 through 714.25.


7. Except as provided in section 714.18, subsection 2, paragraph “a”, the information submitted under sections 714.18, 714.22, [FN1]714.23, and 714.25 are public records under chapter 22.


CREDIT(S)


Added by Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, § 18.


[FN1] Section 714.22 was repealed by Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, § 20. Per the Iowa Code Editor for Code 2013, corrective legislation is pending.


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


I.C.A. § 714.25


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.25. Disclosure


1. For purposes of this section, “proprietary school” means a person offering a postsecondary educational program, for profit, that is more than four months in length and leads to a recognized educational credential, such as an academic or professional degree, diploma, or license.


2. A proprietary school shall, prior to the time a student is obligated for payment of any moneys, inform the student, the college student aid commission, and in the case of a school licensed under section 157.8, the board of cosmetology arts and sciences or in the case of a school licensed under section 158.7, the board of barbering, of all of the following:


a. The total cost of the postsecondary educational program as charged by the proprietary school.


b. An estimate of any fees which may be charged the student by others which would be required if the student is to successfully complete the postsecondary educational program and obtain a recognized educational credential.


c. The percentage of students who successfully complete the postsecondary educational program, the percentage who terminate prior to completing the postsecondary educational program, and the period of time upon which the proprietary school has based these percentages. The reporting period shall not be less than one year in length and shall not extend more than five years into the past.


d. If claims are made by the proprietary school as to successful placement of students in jobs upon completion of the proprietary school's postsecondary educational programs, the proprietary school shall provide the student with all of the following:


(1) The percentage of graduating students who were placed in jobs in fields related to the postsecondary educational programs.


(2) The percentage of graduating students who went on to further education immediately upon graduation.


(3) The percentage of students who, ninety days after graduation, were without a job and had not gone on to further education.


(4) The period of time upon which the reports required by paragraphs “a” through “c” were based. The reporting period shall not be less than one year in length and shall not extend more than five years into the past.


e. If claims are made by the proprietary school as to income levels of students who have graduated and are working in fields related to the proprietary school's postsecondary educational programs, the proprietary school shall inform the student of the method used to derive such information.


3. The requirements of subsection 2 shall not apply to a proprietary school that is eligible for federal student financial aid under Tit. IV of the federal Higher Education Act of 1965, as amended.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1274, § 47. Amended by Acts 1989 (73 G.A.) ch. 296, § 87; Acts 1990 (73 G.A.) ch. 1222, § 4; Acts 2007 (82 G.A.) ch. 10, S.F. 74, § 182; Acts 2012 (84 G.A.) ch. 1077, S.F. 2267, § 19.


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


I.C.A. § 714.26


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.26. Intellectual property counterfeiting


1. Definitions. As used in this section unless the context otherwise requires:


a. “Counterfeit mark” means any unauthorized reproduction or copy of intellectual property, or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without authority of the owner of the intellectual property.


b. “Intellectual property” means any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify the items or services of the person.


c. “Retail value” means the highest value of an item determined by any reasonable standard at the time the item bearing or identified by a counterfeit mark is seized. If a seized item bearing or identified by a counterfeit mark is a component of a finished product, “retail value” also means the highest value, determined by any reasonable standard, of the finished product on which the component would have been utilized. The retail value shall be the retail value of the aggregate quantity of all items seized which bear or are identified by a counterfeit mark. For purposes of this paragraph, “reasonable standard” includes but is not limited to the market value within the community, actual value, replacement value, or the counterfeiter's regular selling price for the item bearing or identified by a counterfeit mark, or the intellectual property owner's regular selling price for an item similar to the item bearing or identified by a counterfeit mark.


2. Criminal offense. A person who knowingly manufactures, produces, displays, advertises, distributes, offers for sale, sells, possesses with intent to sell or distributes any item or knowingly provides service bearing or identified by a counterfeit mark commits intellectual property counterfeiting.


a. A person commits intellectual property counterfeiting in the first degree if any of the following apply:


(1) The person is manufacturing or producing an item bearing or identified by a counterfeit mark.


(2) The offense involves more than one thousand items bearing or identified by a counterfeit mark or the total retail value of such items is equal to or greater than ten thousand dollars.


(3) The offense is a third or subsequent violation of this section.


Intellectual property counterfeiting in the first degree is a class “C” felony.


b. A person commits intellectual property counterfeiting in the second degree if any of the following apply:


(1) The offense involves more than one hundred items but does not involve more than one thousand items bearing or identified by a counterfeit mark or the total retail value of such items is equal to or greater than one thousand dollars but less than ten thousand dollars.


(2) The offense is a second violation of this section.


Intellectual property counterfeiting in the second degree is a class “D” felony.


c. All intellectual property counterfeiting which is not intellectual property counterfeiting in the first degree or second degree is intellectual property counterfeiting in the third degree. Intellectual property counterfeiting in the third degree is an aggravated misdemeanor.


3. Evidence. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of ownership of the intellectual property in dispute.


4. Seizure and disposition. Any items bearing or identified by a counterfeit mark, and all personal property, including but not limited to any items, objects, tools, machines, equipment, instrumentalities, or vehicles used in connection with a violation of this section, shall be seized by any law enforcement agency.


a. All seized personal property shall be disposed of in accordance with section 809.5 or as provided in paragraph “b”.


b. Upon request of the intellectual property owner, all seized items bearing or identified by a counterfeit mark shall be released by the seizing agency to the intellectual property owner for destruction or disposition. If the intellectual property owner does not request release of the seized items, the items shall be destroyed unless the intellectual property owner consents to another disposition.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1112, § 1. Amended by Acts 2004 (80 G.A.) ch. 1175, § 390.


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


I.C.A. § 714.27


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.27. Scrap metal transactions and reporting--penalties


1. For purposes of this section, and unless the context otherwise requires, the following definitions shall apply:


a. “Scrap metal” means any metal suitable for reprocessing. “Scrap metal” does not include a motor vehicle, but does include a catalytic converter detached from a motor vehicle.


b. “Scrap metal dealer” means any person operating a business at a fixed or mobile location that is engaged in one of the following activities:


(1) Buying, selling, procuring, collecting, gathering, soliciting, or dealing in scrap metal.


(2) Operating, managing, or maintaining a scrap metal yard.


c. “Scrap metal yard” means any yard, plot, space, enclosure, building, mobile facility, or other place where scrap metal is collected, gathered together, stored, or kept for shipment, sale, or transfer.


2. a. A person shall not sell scrap metal to a scrap metal dealer in this state unless the person provides to the scrap metal dealer, at or before the time of sale, the person's name, address, and place of business, if any, and presents to the scrap metal dealer a valid driver's license or nonoperator's identification card, military identification card, passport, or other government-issued photo identification.


b. A scrap metal dealer shall not make an initial purchase of scrap metal from a person without demanding and receiving the information required by this subsection. However, after an initial transaction, a scrap metal dealer may only require the person's name and place of business for subsequent purchases, provided the scrap metal dealer retains all information received during the initial transaction.


3. A scrap metal dealer shall keep a confidential register or log of each transaction, including a record of the information required by subsection 2. All records and information kept pursuant to this subsection shall be retained for at least two years, and shall be provided to a law enforcement agency or other officer or employee designated by a county or city to enforce this section upon request during normal business hours when the law enforcement agency or designated officer or employee of a county or city has reasonable grounds to request such information as part of an investigation. A law enforcement agency or designated officer or employee of a county or city shall preserve the confidentiality of the information provided under this subsection and shall not disclose it to a third party, except as may be necessary in enforcement of this section or the prosecution of a criminal violation.


4. All scrap metal transactions, other than those transactions exempt pursuant to subsection 5, in which the total sale price exceeds fifty dollars shall require payment by check or electronic funds transfer.


5. The following scrap metal transactions are exempt from the requirements of this section:


a. Transactions in which the total sale price is fifty dollars or less, except transactions for the sale of catalytic converters.


b. Transactions for the sale of catalytic converters in which the total sale price is seventy-five dollars or less.


c. Transactions in which a scrap metal dealer is selling scrap metal.


d. Transactions in which the person selling the scrap metal is known to the scrap metal dealer purchasing the scrap metal to be the officer, employee, or agent of an established commercial or industrial business, operating from a fixed location, that may reasonably be expected to produce scrap metal during the operation of the business.


6. a. The provisions of this section shall take precedence over and supersede any local ordinance adopted by a political subdivision that regulates scrap metal transactions.


b. Notwithstanding paragraph “a” of this subsection, a city ordinance regarding scrap metal or other scrap material in effect prior to January 1, 2012, in a city with a population exceeding one hundred fifty thousand as shown by the 2010 federal decennial census may continue to be enforced by the city which adopted it.


7. A person who violates subsection 2, paragraph “a”, or a person who conducts a scrap metal transaction by or on behalf of a scrap metal dealer who violates this section shall be subject to a civil penalty as follows:


a. An initial violation shall subject the person to a civil penalty in the amount of one hundred dollars.


b. A second violation within two years shall subject the person to a civil penalty in the amount of five hundred dollars.


c. A third or subsequent violation within two years shall subject the person to a civil penalty in the amount of one thousand dollars.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 51, H.F. 299, § 1. Amended by Acts 2012 (84 G.A.) ch. 1021, S.F. 2285, § 112; Acts 2012 (84 G.A.) ch. 1099, H.F. 2399, § 1.


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


I.C.A. § 714.28


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.29


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.30


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.31


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.32


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.33


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.34


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.35


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.36


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.37


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.38


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.39


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.40


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.41


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. § 714.42


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 714. Theft, Fraud, and Related Offenses (Refs & Annos)

714.28 to 714.42. 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. 714A, 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 714A. Pay-Per-Call Service



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


I.C.A. § 714A.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 714A. Pay-Per-Call Service (Refs & Annos)

714A.1. Definitions


As used in this chapter:


1. “Advertisement” means advertisement as defined in section 714.16, subsection 1, paragraph “a”. However, for purposes of this chapter, advertisement does not include a residential listing or a listing in any section of the directory in which businesses or professions are listed alphabetically rather than grouped by subject category, or a standard listing in the subject category section of a telephone directory. Advertisement also does not include a display advertisement or a listing which is made to appear more conspicuous than other listings in the subject category section of a telephone directory, provided that such display advertisement or listing includes a conspicuous disclosure that the call is a pay-per-call service and refers a reader in a clear and conspicuous manner to a page number of the directory where the reader may find an explanation of pay-per-call services. Such explanation of pay-per-call services shall include all of the following:


a. The disclosure and preamble requirements under the law.


b. The availability and costs of blocking options, if any.


c. Whether a consumer's phone service may be terminated for failure to pay for pay-per-call services.


d. The procedures for handling consumer inquiries and complaints.


2. “Amount of time necessary to complete a call” means for purposes of a fixed length call, the total length of the call in minutes, and for purposes of a variable length call, a reasonable, good faith estimate in minutes of the likely length of the call.


3. “Merchandise” means merchandise as defined in section 714.16, subsection 1, paragraph “i”.


4. a. “Pay-per-call service” means electronic communications products and services which are provided to end users by information or service providers, and which meet all of the following requirements:


(1) The end users send or receive information, services, or communications whose general subject matter is determined or influenced by the service provider.


(2) The end users send or receive the information, services, or communications via a telephone connection using audio input which is not modulated or demodulated by the end user.


(3) The charge to the end user for the information, services, or communications is determined by the information or service provider and is made on a per-call or per-minute basis.


b. (1) Where the requirements under paragraph “a” are met, pay-per-call service includes, but is not limited to, the following:


(a) Information retrieval from a remote database.


(b) Information collection for polling and data entry.


(c) Services offered for public entertainment in which users participate in or listen to a conversation.


(2) Pay-per-call service does not include electronic communication for the purpose of conducting financial transactions, or any service the price of which is established pursuant to a tariff approved by a regulatory agency.


5. “Person” means person as defined in section 714.16, subsection 1, paragraph “j”, and includes a long distance company and local exchange company as defined in section 477.10.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 171, § 1.


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


I.C.A. § 714A.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 714A. Pay-Per-Call Service (Refs & Annos)

714A.2. Disclosure of charges


With respect to each pay-per-call service, the call shall contain an introductory disclosure message that specifies clearly, and at the same audio volume of the ensuing program, if the charge for the call is on a flat rate basis, the total charge for the call, or if charged on a per-minute basis, the charge per minute for the call, the charge for each additional minute, and the amount of time necessary to complete the call, and all other fees, and which informs the caller of the option to disconnect the call at the end of the introductory message without incurring a charge. However, an introductory message is not required if the total charge for the call is one dollar or less.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 171, § 2.


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


I.C.A. § 714A.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 714A. Pay-Per-Call Service (Refs & Annos)

714A.3. Advertisements


Advertisements for pay-per-call service shall clearly state if the charge for the service is on a flat rate basis, the total charge for the call or, if charged on a per-minute basis, the charge per minute for the call, the charge for each additional minute, and the amount of time necessary to complete the call. Additionally, if in order to obtain the full advertised services or other merchandise, a caller will be required to make any payments in addition to the cost of the initial call, that fact shall be disclosed, along with the amounts of such additional payments. If the advertisement is oral, all cost information must be disclosed clearly and at the same audio volume of the ensuing program prior to providing the pay-per-call number and each time the number is mentioned.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 171, § 3.


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


I.C.A. § 714A.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 714A. Pay-Per-Call Service (Refs & Annos)

714A.4. Billing and collection


A person shall not bill or collect for a pay-per-call service if such person has actual knowledge of the failure of the pay-per-call service to comply with the requirements of this chapter. A person shall cease billing and collecting for a pay-per-call service which fails to comply with the requirements of this chapter as soon as practicable, but in no event more than thirty days, after acquiring knowledge of the noncompliance. Billing and collection contracts shall contain a provision which refers the pay-per-call service to chapter 714A, which provides for an introductory disclosure message and the requirements for such message.


Additionally, a person shall not bill or collect a charge for a pay-per-call service unless the call for which the charge is being made is completed.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 171, § 4.


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


I.C.A. § 714A.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 714A. Pay-Per-Call Service (Refs & Annos)

714A.5. Enforcement


A violation of this chapter is an unfair or deceptive trade practice and is subject to the provisions of section 714.16, except that the remedies and penalties provided pursuant to that section shall not be applied to a newspaper, magazine, publication, directory, or other print media in which an advertisement appears, or to a radio station, television station, or other electronic media which disseminates the advertisement, and no other penalty or cause of action under this chapter shall accrue against the media in or by which the advertisement appears or is disseminated, where the particular advertisement is not sponsored by the media, unless the media also performs the billing or collecting for the pay-per-call service.


CREDIT(S)


Added by Acts 1991 (74 G.A.) ch. 171, § 5.


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


I.C.A. T. XVI, Subt. 1, Ch. 714B, 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 714B. Prize Promotions



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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.1. Definitions


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


1. “Advertisement” means as defined in section 714.16, subsection 1.


2. “Merchandise” means as defined in section 714.16, subsection 1.


3. “Person” means as defined in section 714.16, subsection 1.


4. “Prize” means a gift, award, cash award, or other merchandise of value that is offered or awarded to a person in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process.


5. “Retail value” of a prize means the following:


a. A price at which the sponsor of the prize can substantiate that a substantial number of the items of merchandise have been sold to the public in the year preceding the date of the written prize notice in the regular course of business other than through a prize promotion.


b. No more than one and one-half times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller, if the sponsor is unable to substantiate a price pursuant to paragraph “a”.


6. “Sponsor” means a person who awards another person a prize or who allows the person to receive, use, compete for, or obtain information about a prize.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 2.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.2. Written prize notice--content--form


1. a. A sponsor of a prize shall not require a person to purchase merchandise or pay or donate money as a condition of awarding a prize or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, unless the person has first received a written prize notice which satisfies the requirements of subsections 2 and 3. A sponsor shall not create the reasonable impression that such a purchase, payment, or donation is required, unless the person has first received a written prize notice which satisfies the requirements of subsections 2 and 3.


b. For purposes of this chapter, a sponsor is deemed to have created the reasonable impression that a payment, purchase, or donation is required as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, if the sponsor does any of the following:


(1) Fails to clearly and conspicuously disclose that a purchase, payment, or donation is not required in immediate proximity to, and in the same type and boldness as, each written reference to a purchase, payment, or donation, or in immediate proximity to, and in the same audio volume as, each verbal reference to a purchase, payment, or donation.


(2) Uses a verbal or written solicitation, or other advertisement which contains any express or implied representations that a participant's likelihood of receiving a prize or other favorable treatment is enhanced by making a purchase, payment, or donation.


(3) Uses a verbal or written solicitation, course of solicitation, or other advertisement which when considered in its totality creates an overall impression that a participant's likelihood of receiving a prize or other favorable treatment is enhanced by making a purchase, payment, or donation.


c. A written prize notice satisfying the requirements of subsections 2 and 3 must precede every verbal advertisement by a sponsor which requires a person to purchase merchandise or pay or donate money, or gives the reasonable impression that such a purchase, payment, or donation is required, as a condition of awarding a prize, or as a condition of allowing a person to receive, use, compete for, or obtain information about a prize.


d. Each written advertisement by a sponsor which requires a person to purchase merchandise or pay or donate money, or gives the reasonable impression that such a purchase, payment, or donation is required as a condition of awarding a prize or as a condition of allowing a person to receive, use, compete for, or obtain information about a prize, must satisfy the requirements of subsections 2 and 3.


2. A written prize notice must contain each of the following:


a. The true name or names of the sponsor and the street address of the sponsor's actual principal place of business.


b. The retail value of each prize the person receiving the notice has been selected to receive or may be eligible to receive.


c. A statement of the odds the person has of receiving each prize identified in the notice.


d. Any requirement that the person pay shipping or handling fees, or any other charges to obtain or use a prize, including the nature and amount of the charge.


e. A statement that a restriction applies and a description of the restriction, if receipt of the prize is subject to a restriction.


f. Any limitations on eligibility to receive a prize.


g. If a sponsor represents that a person is a winner or finalist, has been specially selected, is in first place, or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize; or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a single winner or select group of winners will receive a prize, and if the notice is not prohibited under section 714B.3, subsection 1, paragraph “c”, a statement of the maximum number of persons in the group or purported group with this enhanced likelihood of receiving a prize.


h. Any requirement or invitation for the person to view, hear, or attend a sales presentation in order to claim a prize, a good faith estimate of the length of the sales presentation, a description of the merchandise that is the subject of the sales presentation, and the total cost of such merchandise.


3. The information required in the written prize notice pursuant to subsection 2 must be provided as follows:


a. The retail value and the statement of odds required under subsection 2 must be stated in immediate proximity to each identification of a prize on the written notice, and must be in the same size and boldness of type as the reference to the prize.


b. The retail value must be stated in Arabic numerals, and must be in the following form:


Retail value: $___.


c. The statement of odds must include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be distributed. The number of prizes and written prize notices must be stated in Arabic numerals. The statement of odds must be in the following form:


___ (number of prizes) out of ___ (notices distributed).


d. If a person is required to pay shipping or handling fees or any other charges to obtain a prize, to be eligible to obtain a prize, or to participate in a contest, a statement must appear in immediate proximity to each listing of the prize in the written prize notice in not less than ten point boldface type as follows:


YOU MUST PAY $___ IN ORDER TO RECEIVE OR USE THIS ITEM, or, YOU MUST PAY $___ IN ORDER TO COMPETE FOR THIS ITEM, as applicable.


e. The information required under subsection 2, paragraphs “e”, “f”, and “h” must be on the first page of the written prize notice in not less than ten point boldface type.


f. A statement required under subsection 2, paragraph “g”, must appear in immediate proximity to each representation that the person is among a group of persons with an enhanced likelihood of receiving a prize, and must be in the same type size and boldness as the representation.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 3.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.3. Prohibited practices


1. A sponsor of a prize shall not do any of the following:


a. Deliver a written prize notice, or an envelope containing a written prize notice, that contains language, or is designed in a manner, that would have the tendency or capacity to mislead intended recipients as to the source of the written prize notice. This prohibition includes, but is not limited to, a written prize notice or envelope which indicates that the notice or envelope originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm, unless the written prize notice or envelope originates from such source.


b. Represent directly or by implication that the number of persons eligible for the prize is limited or that a person has been selected to receive a particular prize, unless the representation is true.


c. Represent that a person is a winner or finalist, has been specially selected, is in first place, or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise, from which a single winner or select group of winners will receive a prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers and all or a substantial number of those receiving the notice are awarded the same prize.


d. Represent directly or by implication that a person will have an increased chance of receiving a prize by making multiple or duplicate purchases, payments or donations, or by entering a game, drawing, sweepstakes, or other contest more than one time, unless the representation is true. A sponsor is deemed to have made such representation if the sponsor delivers one or more prize notices to a person after the person has already made a purchase, payment, or donation to the sponsor for the same promotion, or has already entered the same game, drawing, sweepstakes, or other contest, unless the sponsor can demonstrate a bona fide error even though the sponsor has implemented procedures reasonably designed to prevent such duplication.


e. Represent directly or by implication that a person is being notified a second or final time of the opportunity to receive or compete for a prize, unless the representation is true.


f. Represent directly or by implication that a prize notice is urgent, or otherwise convey an impression of urgency by use of description, narrative copy, phrasing on an envelope, or similar method, unless there is a limited time period in which the recipient must take some action to claim or be eligible to receive a prize, and the date by which such action is required appears in immediate proximity to each representation of urgency and in the same type size and boldness as each representation of urgency.


g. Knowingly sell, rent, exchange, transfer, or otherwise furnish to or purchase from other persons, financial data regarding Iowans disclosed in connection with a prize promotion not in compliance with this chapter. For purposes of this chapter, financial data includes credit card numbers, bank account numbers, other payment device numbers, and dollars spent on prize promotions which are not in compliance with this chapter.


h. Request an individual to disclose the individual's phone number, age, birthdate, credit card ownership, or financial data in connection with a prize promotion which is not in compliance with this chapter.


2. If a written prize notice requires or invites a person to view, hear, or attend a sales presentation in order to claim a prize, the sales presentation shall not begin until the sponsor does all of the following:


a. Informs the person of the prize, if any, that has been awarded to the person.


b. If the person is awarded a prize, delivers to the person the prize or the item selected by the person as provided in section 714B.4, if the prize awarded is not available.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 4.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.4. Prize award required


A sponsor of a prize who represents to a person that the person has been awarded a prize shall, no later than thirty days after making the representation, provide the person with the prize; with a voucher, certificate, or other document indicating the person's unconditional right to receive the prize; or with either of the following items as selected by the person:


1. Any other prize listed in the written prize notice that is available and that is of equal or greater value.


2. The retail value of the prize, as stated in the written notice, in the form of cash, a money order, or a certified check.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 5.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.5. Information requested by attorney general


A sponsor shall provide, upon the request of the attorney general made within one year after the termination date of the promotion, a record of the names and addresses of all winners of prizes of one hundred dollars or more.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 6.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.6. Criminal penalties


A person who intentionally violates this chapter is guilty of an aggravated misdemeanor. A person intentionally violates this chapter if the act or acts in violation occur or continue after the attorney general or county attorney has notified the person by certified mail that the person is in violation of this chapter.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 7.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.7. Civil enforcement


A violation of this chapter constitutes a violation of section 714.16, subsection 2, paragraph “a”.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 8.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.8. Private action


In addition to any other remedies, a person suffering pecuniary loss as a result of a violation of this chapter by another person may bring an action against such other person to recover all of the following:


1. The greater of five hundred dollars or twice the amount of the pecuniary loss.


2. Costs and reasonable attorney fees.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 9.


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


I.C.A. § 714B.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 714B. Prize Promotions (Refs & Annos)

714B.9. Compliance with other laws


This chapter shall not be construed to permit an activity prohibited by section 714.16, or rules adopted pursuant to that section, or by chapter 725, or other applicable law.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 10.


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


I.C.A. § 714B.10


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 714B. Prize Promotions (Refs & Annos)

714B.10. Exemptions


This chapter does not apply to the following:


1. Advertising by sponsors registered pursuant to chapter 557B, licensed pursuant to chapter 99B, or regulated pursuant to chapter 99D, 99F, or 99G.


2. Advertising in connection with the sale or purchase of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club which is regulated by the federal trade commission pursuant to 16 C.F.R. pt. 425.1, concerning use of negative option plans by sellers in commerce.


3. Advertising in connection with the sale or purchase of goods ordered through a contractual plan or arrangement such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive the goods and who, after the receipt of the goods, is given an opportunity to examine the goods and to receive a full refund of charges for the goods upon return of the goods undamaged.


4. Advertising in connection with sales by a catalog seller. For purposes of this section, “catalog seller” means a person at least fifty percent of whose annual revenues are derived from the sale of merchandise sold in connection with the distribution of catalogs of at least twenty-four pages, which contain written descriptions or illustrations and sale prices for each item of merchandise and which are distributed in more than one state with a total annual distribution of at least two hundred fifty thousand.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1185, § 11. Amended by Acts 2003 (80 G.A.) ch. 178, § 116, eff. July 1, 2003; Acts 2003 (80 G.A.) ch. 179, § 142, eff. May 30, 2003; Acts 2010 (83 G.A.) ch. 1061, S.F. 2237, § 81.


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


I.C.A. T. XVI, Subt. 1, Ch. 714C, 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 714C. Video Rental Property Theft [Repealed]



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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. § 714C.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 714C. Video Rental Property Theft [Repealed] (Refs & Annos)

714C.1 to 714C.7. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 16


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


I.C.A. T. XVI, Subt. 1, Ch. 714D, 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 714D. Telecommunications Service Provider Fraud



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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.1. Legislative intent


The general assembly finds that customers of telephone services have been subjected to fraud in the sale and advertisement of telephone long distance and local service, as well as other services related to residential and business telephone service. The general assembly further finds that companies acting in a lawful manner have lost customers to companies that obtain customers through fraud and deception.


It is the intent of the general assembly to protect telephone service subscribers from fraud and to provide statutory remedies for the victims of fraud in the sale of telecommunications service. It is the intent of the general assembly to provide the attorney general with additional remedies to address the issue of fraud in the sale of telecommunications service. It is further the intent of the general assembly that this chapter does not limit the rights or remedies that are otherwise available to a consumer or the attorney general under any other law.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 2.


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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.2. Definitions


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


1. “Advertisement” means the same as defined in section 714.16, subsection 1.


2. “Consumer” means a person who is not a telecommunications service provider and who uses telecommunications services.


3. “Deception” means the same as defined in section 714.16, subsection 1.


4. “Person” means the same as defined in section 714.16, subsection 1.


5. “Sweepstakes box” means the box or receptacle into which a person may place an entry form or document used to enter a sweepstakes, contest, or drawing of any description, and promotional materials attached to such entry form or document.


6. “Telecommunications Act” means 47 U.S.C. § 258, a portion of the federal Telecommunications Act of 1996, relating to changes in telephone service, and including regulations adopted pursuant to that section.


7. “Telecommunications service” means local exchange or long distance telephone service, and any additional service or merchandise for which any charge or assessment appears on a billing statement directed to a person by a provider of local exchange or long distance telephone service, but does not include commercial mobile radio service or charges or assessments imposed on consumers of local exchange or long distance telephone service or on such additional service or merchandise by governmental entities.


8. “Telecommunications service provider” means a person who advertises, sells, leases, or provides telecommunications services to another person.


9. “Unfair practice” means the same as defined in section 714.16, subsection 1, and also means any failure of a person to comply with the Telecommunications Act or with any statute or rule enforced by the utilities board within the utilities division of the department of commerce relating to a telecommunications service selection or change.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 3.


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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.3. Unfair and deceptive practices


The act, use, or employment by a person of deception or an unfair practice in connection with the lease, sale, or advertisement of a telecommunications service or the solicitation of authority to provide or execute a change of a telecommunications service is an unlawful practice.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 4.


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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.4. Prohibition of sweepstakes boxes


The use of a sweepstakes box by a person to solicit authority to provide or execute a change of a consumer's telecommunications service is an unlawful practice.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 5.


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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.5. Conditions on use of prize promotions to solicit authority to provide or change telecommunications services


1. It is an unlawful practice for a person to use a form or document which is to be used or intended to be used by another person to enter a sweepstakes, contest, or drawing of any description as written authority to provide or execute a change of a consumer's telecommunications service.


2. It is an unlawful practice for a person to solicit the lease or sale of or to solicit the authority to provide or execute a change of a telecommunications service to another person through or in conjunction with a sweepstakes, contest, or drawing without clearly, conspicuously, and fully disclosing in all direct mail solicitations to the other person the fact that the sweepstakes, contest, or drawing is intended to solicit authority to provide or execute a change of a telecommunications service. The disclosure required shall include, at a minimum, all of the following:


a. A statement that an acceptance or change of telecommunications service is not required to enter the sweepstakes, contest, or drawing.


b. An alternative means by which a person may enter the sweepstakes, contest, or drawing without accepting or authorizing a change in a telecommunications service.


c. The name and telephone number of the entity soliciting the person to accept or to authorize a change of telecommunications service through the use of or in conjunction with the sweepstakes, contest, or drawing.


d. A brief description of the nature of the telecommunications service for which authorization is sought through the use of or in conjunction with the sweepstakes, contest, or drawing.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 6.


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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.6. Private action


1. In addition to any other remedy, a consumer may bring an action against a person who commits an unlawful practice under this chapter to recover from the person all of the following:


a. The amount of any moneys or property acquired by the person from the consumer by means of an unlawful practice under this section, or two hundred dollars, whichever is greater.


b. If a court finds that the consumer prevails in the action and that the unlawful practice was an intentional violation of this chapter, five hundred dollars or twice the amount of the consumer's actual damages, whichever is greater.


c. Costs and reasonable attorney fees.


2. A cause of action under this section shall not apply unless, prior to filing the action, the consumer has submitted a complaint to the utilities board within the utilities division of the department of commerce, the utilities board has failed to resolve the complaint to the consumer's satisfaction within one hundred twenty days of the date the complaint was submitted, and the consumer dismisses the complaint before the utilities board. The requirement that a consumer complaint be submitted to the utilities board and resolved by the utilities board to the consumer's satisfaction within one hundred twenty days of filing before the consumer may file an action pursuant to this section shall not apply to an action by the attorney general to recover moneys for the consumer pursuant to section 714D.7 or any other law. A finding by the utilities board that a respondent has complied with rules governing carrier selection procedures adopted by the utilities board shall be an affirmative defense to any claim brought under this section or section 476.103 or 714D.7 that an unauthorized change in service has occurred.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 7.


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


I.C.A. § 714D.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 714D. Telecommunications Service Provider Fraud (Refs & Annos)

714D.7. Civil enforcement


1. A violation of this chapter or a rule adopted pursuant to this chapter is a violation of section 714.16, subsection 2, paragraph “a”. The remedies and penalties provided by section 714.16, including but not limited to injunctive relief and civil penalties, apply to violations of this chapter.


2. In seeking reimbursement pursuant to section 714.16, subsection 7, from a person who has committed an unlawful practice under this chapter, the attorney general may seek an order from the court that the person pay to the attorney general on behalf of consumers the amounts for which the person would be liable under section 714D.6 for each consumer who has a cause of action pursuant to section 714D.6. Section 714.16, as it relates to consumer reimbursement, applies to amounts recovered by the attorney general as reimbursement under this chapter. However, a consumer who is awarded monetary damages pursuant to section 714D.6 is not eligible for monetary relief under this section for the same unlawful practice.


3. The remedies provided pursuant to this chapter are in addition to any other remedies provided to the state or to a person under other law.


4. The attorney general shall not file a civil enforcement action under this chapter or under section 714.16 against a person for an act which is the subject of an administrative proceeding to impose a civil penalty which has been initiated against the person by the utilities board within the utilities division of the department of commerce. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against a person for violating a prior agreement entered into by the person with the attorney general or a court order obtained by the attorney general against the person. This subsection shall not be construed to limit the authority of the attorney general to file a civil enforcement or other enforcement action against the person for acts which are not the subject of an administrative proceeding which has been initiated against the person by the utilities board.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 16, § 8.


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


I.C.A. T. XVI, Subt. 1, Ch. 714E, 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 714E. Foreclosure Consultants



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


I.C.A. § 714E.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 714E. Foreclosure Consultants (Refs & Annos)

714E.1. Definitions


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


1. “Business day” means any calendar day except Saturday, Sunday, or a public holiday including a holiday observed on a Monday.


2. “Contract” means an agreement, or a term in an agreement, between a foreclosure consultant and an owner for the rendition of a service.


3. a. “Foreclosure consultant” means a person who, directly or indirectly, makes a solicitation, representation, or offer to an owner to perform for compensation or who, for compensation, performs a service which the person in any manner represents will do any of the following:


(1) Stop or postpone a foreclosure, foreclosure sale, forfeiture, sheriff's sale, or tax sale.


(2) Obtain a forbearance, modification, or repayment plan for a beneficiary or mortgagee.


(3) Assist the owner to exercise the right of redemption, cure the mortgage default, cure the real estate contract default, or redeem the property from a tax sale.


(4) Obtain an extension of the period within which the owner may reinstate the owner's obligation.


(5) Obtain a waiver of an acceleration clause contained in a promissory note or contract secured by a mortgage on a residence in foreclosure or contained in the mortgage.


(6) Assist the owner in foreclosure, foreclosure sale, forfeiture, sheriff's sale, tax sale, or loan default to obtain a loan or advance of funds.


(7) Avoid or ameliorate the impairment of the owner's credit resulting from the recording of a notice of default or the conduct of a foreclosure sale or a forfeiture of a real estate contract.


(8) Save the owner's residence from foreclosure, foreclosure sale, forfeiture, sheriff's sale, or tax sale.


(9) Negotiate or obtain a mortgage loan or real estate contract modification, forbearance, repayment plan, or other loss mitigation for the consumer.


b. “Foreclosure consultant” does not include any of the following:


(1) A person licensed to practice law in this state when the person renders service in the course of the person's practice as an attorney at law.


(2) A person licensed to engage in the business of debt management under chapter 533A, when the person is engaged in the business of debt management.


(3) A person licensed as a real estate broker or salesperson under chapter 543B, when the person engages in acts whose performance requires licensure under that chapter unless the person is engaged in offering services designed to, or purportedly designed to, enable the owner to retain possession of the residence in foreclosure.


(4) A person licensed as an accountant under chapter 542 when the person is acting in any capacity for which the person is licensed under those provisions.


(5) A person or the person's authorized agent acting under the express authority or written approval of the United States department of housing and urban development or other department or agency of the United States or this state to provide services.


(6) A person who holds or is owed an obligation secured by a lien on a residence in foreclosure when the person performs services in connection with the obligation or lien if the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance.


(7) A person or entity doing business under any law of this state, or of the United States, relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee approved by the United States department of housing and urban development, and a subsidiary or affiliate of these persons or entities, and an agent or employee of these persons or entities while engaged in the business of such persons or entities.


(8) A person licensed as a mortgage broker or mortgage banker pursuant to chapter 535B, when acting under the authority of that license.


(9) A person registered as a mortgage broker or mortgage banker or originator pursuant to chapter 535B, when acting under the authority of that registration.


(10) A nonprofit agency or organization that offers counseling or advice to an owner of a residence in foreclosure or loan default if the nonprofit agency or organization does not contract for services with for-profit lenders or foreclosure purchasers.


(11) A judgment creditor of the owner, to the extent that the judgment creditor's claim accrued prior to the personal service of the foreclosure notice required by section 654.2D, but excluding a person who purchased the claim after such personal service.


(12) A foreclosure purchaser as defined in section 714F.1.


4. “Foreclosure reconveyance” means a transaction involving all of the following:


a. The transfer of title to real property by an owner during a foreclosure proceeding, forfeiture proceeding, or tax sale, either by transfer of interest from the owner or by creation of a mortgage or other lien or encumbrance during the foreclosure, forfeiture, or tax sale process that allows the acquirer to obtain title to the property by redeeming the property as a junior lienholder.


b. The subsequent conveyance, or promise of a subsequent conveyance, of an interest back to the owner by the acquirer or a person acting in participation with the acquirer that allows the owner to possess either the residence in foreclosure or any other real property, which interest includes but is not limited to an interest in a contract for deed, purchase agreement, option to purchase, or lease.


5. “Owner” means the record owner or holder of an equitable interest through contract of the residence in foreclosure at the time the notice of pendency was recorded, or at the time the default notice was served.


6. “Person” means the same as defined in section 4.1.


7. “Residence in foreclosure” or “affected residence” means residential real property consisting of one to four family dwelling units, one of which the owner occupies as the owner's principal place of residence, where a delinquency or default on any loan payment or debt is secured by or attached to the residential real property including but not limited to contract for deed payments, real estate contracts, or real estate taxes.


8. “Service” includes but is not limited to any of the following:


a. Debt, budget, or financial counseling of any type.


b. Receiving money for the purpose of distributing the money to creditors in payment or partial payment of an obligation secured by a lien on a residence in foreclosure.


c. Contacting creditors on behalf of an owner of a residence in foreclosure.


d. Arranging or attempting to arrange for an extension of the period within which the owner of a residence in foreclosure, forfeiture, or tax sale may cure the owner's default and reinstate the owner's obligation.


e. Arranging or attempting to arrange for a delay or postponement of the time of sale of the residence in foreclosure, forfeiture, or tax sale.


f. Advising the filing of a document or assisting in any manner in the preparation of a document for filing with a bankruptcy court.


g. Giving advice, explanation, or instruction to an owner of a residence in foreclosure, forfeiture, or tax sale which in any manner relates to the cure of a default in or the reinstatement of an obligation secured by a lien on the affected residence, the full satisfaction of that obligation, or the postponement or avoidance of a sale or loss of the affected residence, pursuant to a power of sale contained in a mortgage.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 1, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 179.


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


I.C.A. § 714E.2


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 714E. Foreclosure Consultants (Refs & Annos)

714E.2. Foreclosure consultant contract


1. A foreclosure consultant contract must be in writing and must fully disclose the exact nature of the foreclosure consultant's services and the total amount and terms of compensation.


2. The following notice, printed in at least fourteen point boldface type and completed with the name of the foreclosure consultant, must be printed immediately above the notice of cancellation statement required pursuant to section 714E.3:


NOTICE REQUIRED BY IOWA LAW


.........................(name) or anyone working for ......................... (name) CANNOT:


(1) Take any money from you or ask you for money until ......................... (name) has completely finished doing everything ......................... (name) said ......................... (name) would do; and


(2) Ask you to sign or have you sign any lien, mortgage, or real estate contract.


3. The contract must be written in the same language as principally used by the foreclosure consultant to describe the foreclosure consultant's services and to negotiate the contract with the consumer. The contract must be dated and signed by the owner, and must contain in immediate proximity to the space reserved in the contract for the owner's signature, a conspicuous statement in a size equal to at least ten point boldface type, as follows:


You, the owner, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.


4. The foreclosure consultant shall provide the owner immediately upon execution of the contract with a copy of the contract along with the notice of cancellation required in section 714E.3.


5. The three business days during which the owner may cancel the contract shall not begin to run until the foreclosure consultant has complied with this section and with section 714E.3.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 2, eff. April 25, 2008. Amended by Acts 2008 (82 G.A.) ch. 1191, H.F. 2700, § 133.


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


I.C.A. § 714E.3


Effective: April 25, 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 714E. Foreclosure Consultants (Refs & Annos)

714E.3. Cancellation of foreclosure consultant contract


1. In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 714E.2.


2. Cancellation occurs when the owner gives written notice of cancellation to the foreclosure consultant at the address specified in the contract.


3. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.


4. Notice of cancellation given by the owner need not take the particular form as provided in the contract and, however expressed, is effective if the notice of cancellation indicates the intention of the owner not to be bound by the contract.


5. The notice of cancellation must contain, and the contract must contain on the first page, in a type size no smaller than that generally used in the body of the document, all of the following:


a. The real name and physical address of the foreclosure consultant to which the notice of cancellation is to be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An electronic mail address may be included, in addition to the physical address.


b. The date the owner signed the contract.


6. Cancellation occurs when the owner delivers, by any means, written notice of cancellation to the address specified in the contract. If cancellation is mailed, delivery is effective upon mailing. If electronically mailed, cancellation is effective upon transmission. The contract must be accompanied by a completed form in duplicate, captioned “notice of cancellation”, which must be attached to the contract, must be easily detachable, and must contain in at least ten point type the following statement written in the same language as used in the contract:


NOTICE OF CANCELLATION


.........................


(enter date of transaction)


You may cancel this transaction, without any penalty or obligation, within three business days from the above date.


To cancel this transaction, you may use any of the following methods: (1) mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation; or (2) e-mail a notice of cancellation to ......................... at


(name of foreclosure consultant)


(physical address of foreclosure consultant's place of business)


(e-mail address of foreclosure consultant's place of business)


Not later than midnight of ............... (date).


I hereby cancel this transaction.


.........................


(date)


(owner's signature)


7. The three business days during which the owner may cancel the contract shall not begin to run until the foreclosure consultant has complied with the requirements of this section and with section 714E.2.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 3, eff. April 25, 2008.


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


I.C.A. § 714E.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 714E. Foreclosure Consultants (Refs & Annos)

714E.4. Violations


It is a violation of this chapter for a foreclosure consultant to do any of the following:


1. Claim, demand, charge, collect, or receive compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented the foreclosure consultant would perform.


2. Claim, demand, charge, collect, or receive a fee, interest, or other compensation for any reason which exceeds eight percent per annum of the amount of any loan which the foreclosure consultant may make to the owner. Such a loan must not, as provided in subsection 3, be secured by the residence in foreclosure or any other real or personal property.


3. Take a wage assignment, a lien of any type on real or personal property, or other security to secure the payment of compensation. Any such security is void and unenforceable.


4. Receive consideration from any third party in connection with services rendered to an owner unless the consideration is first fully disclosed to the owner.


5. Acquire an interest, directly or indirectly, or by means of a subsidiary or affiliate in a residence in foreclosure from an owner with whom the foreclosure consultant has contracted.


6. Take a power of attorney from an owner for any purpose, except to inspect documents as provided by law.


7. Induce or attempt to induce an owner to enter into a contract which does not comply in all respects with the requirements of this chapter.


8. Claim, demand, charge, collect, or receive a fee, interest, or other compensation for promising to negotiate a mortgage loan or real estate contract modification, forbearance, repayment plan, or other loss mitigation for the consumer and fail to successfully negotiate such a modification, forbearance, repayment plan, or other loss mitigation.


9. Prohibit the borrower from contacting any lender, servicer, government entity, attorney, counselor, individual, or company that may seek to help the consumer. Any such provision is void and unenforceable.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 4, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 180.


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


I.C.A. § 714E.5


Effective: April 25, 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 714E. Foreclosure Consultants (Refs & Annos)

714E.5. Waiver not allowed


A waiver by an owner of the provisions of this chapter is void and unenforceable as contrary to public policy. An attempt by a foreclosure consultant to induce an owner to waive the owner's rights is a violation of this chapter.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 5, eff. April 25, 2008.


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


I.C.A. § 714E.6


Effective: April 25, 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 714E. Foreclosure Consultants (Refs & Annos)

714E.6. Remedies


1. A violation of this chapter is an unlawful practice pursuant to section 714.16, and all remedies of section 714.16 are available for such an action. A private cause of action brought under this chapter by an owner is in the public interest. An owner may bring an action against a foreclosure consultant for a violation of this chapter. If the court finds that the foreclosure consultant violated this chapter, the court shall award the owner actual damages, appropriate equitable relief, and the costs of the action, and shall award reasonable fees to the owner's attorney.


2. The rights and remedies provided in subsection 1 are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought by a person other than the attorney general pursuant to this section must be commenced within four years from the date of the alleged violation.


3. The court may award exemplary damages up to one and one-half times the compensation, fees, and interest charged by the foreclosure consultant if the court finds that the foreclosure consultant violated the provisions of section 714E.4, subsection 1, 2, or 4, and the foreclosure consultant acted in bad faith.


4. Notwithstanding any other provision of this section, an action shall not be brought on the basis of a violation of this chapter, except by an owner against whom the violation was committed or by the attorney general. This limitation does not apply to administrative action by either the attorney general or the superintendent of the banking division of the department of commerce.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 6, eff. April 25, 2008.


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


I.C.A. § 714E.7


Effective: April 25, 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 714E. Foreclosure Consultants (Refs & Annos)

714E.7. Criminal penalty


A person who commits any violation described in section 714E.4 commits a serious misdemeanor. Prosecution or conviction for a violation described in section 714E.4 shall not bar prosecution or conviction for any other offenses. These penalties are cumulative to any other remedies or penalties provided.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 7, eff. April 25, 2008.


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


I.C.A. § 714E.8


Effective: April 25, 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 714E. Foreclosure Consultants (Refs & Annos)

714E.8. Provisions severable


If any provision of sections 714E.2 through 714E.7 and 714E.9 or the application of any of these provisions to any person or circumstance is held to be unconstitutional and void, the remainder of sections 714E.2 through 714E.7 and 714E.9 remains valid.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 8, eff. April 25, 2008.


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


I.C.A. § 714E.9


Effective: April 25, 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 714E. Foreclosure Consultants (Refs & Annos)

714E.9. Arbitration prohibited


A provision in a contract which attempts or purports to require arbitration of a dispute arising under sections 714E.2 through 714E.5 is void at the option of the owner.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 9, eff. April 25, 2008.


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


I.C.A. T. XVI, Subt. 1, Ch. 714F, 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 714F. Foreclosure Reconveyances



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


I.C.A. § 714F.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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.1. Definitions


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


1. “Business day” means any calendar day except Saturday, Sunday, or a public holiday including a holiday observed on a Monday.


2. “Foreclosed homeowner” means an owner of residential real property, including a condominium, that is the primary residence of the owner and whose mortgage on the real property is or was in foreclosure, forfeiture, or tax sale.


3. a. “Foreclosure purchaser” means a person that has acted as the acquirer in a foreclosure reconveyance. “Foreclosure purchaser” includes a person that has acted in joint venture or joint enterprise with one or more acquirers in a foreclosure reconveyance.


b. “Foreclosure purchaser” does not include any of the following:


(1) A natural person who shows that the natural person is not in the business of foreclosure purchasing and has a prior personal relationship with the foreclosed homeowner.


(2) A person or entity doing business under any law of this state, or of the United States, relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee or mortgage servicer approved by the United States department of housing and urban development or any other nationally recognized government-sponsored enterprise, and any subsidiary or affiliate of such persons or entities, and any agent or employee of such persons or entities while engaged in the business of such persons or entities.


4. “Foreclosure reconveyance” means a transaction involving both of the following:


a. The transfer of title to real property by a foreclosed homeowner during a foreclosure, forfeiture, or tax sale, either by transfer of interest from the foreclosed homeowner or by creation of a mortgage or other lien or encumbrance during the process that allows the acquirer to obtain title to the property by redeeming the property as a junior lienholder.


b. The subsequent conveyance, or promise of a subsequent conveyance, of an interest back to the foreclosed homeowner by the acquirer or a person acting in participation with the acquirer that allows the foreclosed homeowner to possess either the affected residence or other real property, which interest includes but is not limited to an interest in a contract for deed, purchase agreement, option to purchase, or lease.


5. “Resale” means a bona fide market sale of the property subject to the foreclosure reconveyance by the foreclosure purchaser to an unaffiliated third party.


6. “Resale price” means the gross sale price of the property on resale.


7. “Residence in foreclosure” or “affected residence” means residential real property consisting of one to four family dwelling units, one of which the foreclosed homeowner occupies as the foreclosed homeowner's principal place of residence, where a delinquency or default on any loan payment or debt is secured by or attached to the residential real property, including but not limited to contract for deed payments, real estate contracts, or real estate taxes.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 10, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 41, S.F. 446, § 166.


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


I.C.A. § 714F.2


Effective: April 25, 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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.2. Contract requirement--form and language


A foreclosure purchaser shall enter into a foreclosure reconveyance in the form of a written contract. The contract must be written in letters of a size equal to at least twelve point boldface type, in the same language principally used by the foreclosure purchaser and foreclosed homeowner to negotiate the sale of the residence in foreclosure, and must be fully completed and signed and dated by the foreclosed homeowner and foreclosure purchaser before the execution of any instrument of conveyance of the residence in foreclosure.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 11, eff. April 25, 2008.


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


I.C.A. § 714F.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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.3. Contract terms


1. A contract required by section 714F.2 must contain the entire agreement of the parties and shall include all the following terms:


a. The real name, business address, and the telephone number of the foreclosure purchaser.


b. The address of the residence in foreclosure.


c. The total consideration to be given by the foreclosure purchaser in connection with or incident to the sale.


d. A complete description of the terms of payment or other consideration including but not limited to any services of any nature that the foreclosure purchaser represents the foreclosure purchaser will perform for the foreclosed homeowner before or after the sale.


e. The time at which possession is to be transferred to the foreclosure purchaser.


f. A complete description of the terms of any related agreement designed to allow the foreclosed homeowner to remain in the home including but not limited to a rental agreement, repurchase agreement, contract for deed, or lease with option to buy.


g. A notice of cancellation as provided in section 714F.5.


h. The following notice in at least fourteen point boldface type, if the contract is printed or in capital letters if the contract is typed, and completed with the name of the foreclosure purchaser, immediately above the statement required by section 714F.5:


NOTICE REQUIRED BY IOWA LAW


Until your right to cancel this contract has ended, ......................... (name) or anyone working for ......................... (name) CANNOT ask you to sign or have you sign any deed or any other document.


2. The contract required by section 714F.2 survives delivery of any instrument of conveyance of the residence in foreclosure, but has no effect on persons other than the parties to the contract.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 12, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 181.


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


I.C.A. § 714F.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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.4. Contract cancellation


1. In addition to any other right of recision, the foreclosed homeowner has the right to cancel any contract with a foreclosure purchaser until midnight of the third business day following the day on which the foreclosed homeowner signs a contract that complies with this chapter or until 8:00 a.m. on the last day of the period during which the foreclosed homeowner has a right of redemption, whichever occurs first.


2. Cancellation occurs when the foreclosed homeowner delivers, by any means, written notice of cancellation, provided that, at a minimum, the contract and the notice of cancellation contains a physical address to which notice of cancellation may be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An electronic mail address may be provided in addition to the physical address. If cancellation is mailed, delivery is effective upon mailing. If electronically mailed, cancellation is effective upon transmission.


3. A notice of cancellation given by the foreclosed homeowner need not take the particular form as provided with the contract.


4. Within ten days following receipt of a notice of cancellation given in accordance with this section, the foreclosure purchaser shall return without condition any original contract and any other documents signed by the foreclosed homeowner.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 13, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 41, S.F. 446, § 167.


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


I.C.A. § 714F.5


Effective: April 25, 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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.5. Notice of cancellation


1. The contract must contain in immediate proximity to the space reserved for the foreclosed homeowner's signature a conspicuous statement in a size equal to at least fourteen point boldface type if the contract is printed, or in capital letters if the contract is typed, as follows:


You may cancel this contract for the sale of your house without any penalty or obligation at any time before ............... (date and time of day)


See the attached notice of cancellation form for an explanation of this right.


The foreclosure purchaser shall accurately enter the date and time of day on which the cancellation right ends.


2. The contract must be accompanied by a completed form in duplicate, captioned “notice of cancellation” in a size equal to a twelve point boldface type if the contract is printed, or in capital letters if the contract is typed, followed by a space in which the foreclosure purchaser shall enter the date on which the foreclosed homeowner executes the contract. This form must be attached to the contract, must be easily detachable, and must contain in type of at least ten points if the contract is printed, or in capital letters, if the contract is typed, the following statement written in the same language as used in the contract:


NOTICE OF CANCELLATION


.........................


(enter date contract signed)


You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before


.........................


(enter date and time of day)


To cancel this transaction, you may use any of the following methods: (1) mail or otherwise deliver a signed and dated copy of this cancellation notice; or (2) e-mail a notice of cancellation to ......................... at


(name of purchaser)


(physical address of purchaser's place of business)


(e-mail address of foreclosure consultant's place of business)


Not later than ............... (enter date and time of day)


I hereby cancel this transaction.


(date)


(seller's signature)


3. The foreclosure purchaser shall provide the foreclosed homeowner with a copy of the contract and the attached notice of cancellation at the time the contract is executed by all parties.


4. The three business days during which the foreclosed homeowner may cancel the contract shall not begin to run until all parties to the contract have executed the contract and the foreclosure purchaser has complied with this section.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 14, eff. April 25, 2008.


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


I.C.A. § 714F.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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.6. Waiver


A waiver of the provisions of this chapter is void and unenforceable as contrary to public policy, except a consumer may waive the three-day right to cancel provided in section 714F.4 if the property is subject to a foreclosure sale, tax sale, or contract forfeiture within the three business days and the shortened cancellation period was not caused by the foreclosure purchaser or an agent of the foreclosure purchaser. A waiver of a foreclosed homeowner's right to cancel shall be in a handwritten statement signed by all parties holding title to the foreclosed property.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 15, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 182.


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


I.C.A. § 714F.7


Effective: April 25, 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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.7. Arbitration prohibited


A provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the foreclosed homeowner.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 16, eff. April 25, 2008.


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


I.C.A. § 714F.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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.8. Prohibited practices


A foreclosure purchaser shall not do any of the following:


1. Enter into, or attempt to enter into, a foreclosure reconveyance with a foreclosed homeowner unless all of the following apply:


a. The foreclosure purchaser verifies and can demonstrate that the foreclosed homeowner has a reasonable ability to pay for the subsequent conveyance of an interest back to the foreclosed homeowner. In the case of a lease with an option to purchase, payment ability also includes the reasonable ability to make the lease payments and purchase the property within the term of the option to purchase. A rebuttable presumption arises that a foreclosed homeowner is reasonably able to pay for the subsequent conveyance if the foreclosed homeowner's payments for primary housing expenses and regular principal and interest payments on other personal debt, on a monthly basis, do not exceed sixty percent of the foreclosed homeowner's monthly gross income. For the purposes of this section, “primary housing expenses” means the sum of payments for regular principal, interest, rent, utilities, hazard insurance, real estate taxes, and association dues. A rebuttable presumption arises that the foreclosure purchaser has not verified reasonable payment ability if the foreclosure purchaser has not obtained documents other than a statement by the foreclosed homeowner of assets, liabilities, and income.


b. The foreclosure purchaser and the foreclosed homeowner complete a closing for any foreclosure reconveyance in which the foreclosure purchaser obtains a deed or mortgage from a foreclosed homeowner. For purposes of this section, “closing” means an in-person meeting to complete final documents incident to the sale of the real property or the creation of a mortgage on the real property conducted by a closing agent, who is not employed by or an affiliate of the foreclosure purchaser, or employed by such an affiliate, and who does not have a business or personal relationship with the foreclosure purchaser other than the provision of real estate settlement services.


c. The foreclosure purchaser obtains the written consent of the foreclosed homeowner to a grant by the foreclosure purchaser of any interest in the property during such times as the foreclosed homeowner maintains any interest in the property.


d. The foreclosure purchaser complies with the requirements for disclosure, loan terms, and conduct in the federal Home Ownership Equity Protection Act, 15 U.S.C. § 1639, for any foreclosure reconveyance in which the foreclosed homeowner obtains a vendee interest in a contract for deed, regardless of whether the terms of the contract for deed meet the annual percentage rate or points and fees requirements for a covered loan in 12 C.F.R. § 226.32 (a) and (b).


2. Enter into a foreclosure reconveyance unless the foreclosure purchaser notifies all existing mortgage lien holders of the foreclosure purchaser's intent to accept conveyance of any interest in the property from the foreclosed homeowner, and fully complies with all terms and conditions contained in the mortgage lien documents including but not limited to due-on-sale provisions or meeting all qualification requirements for assuming the repayment of the mortgage.


3. Fail to do any of the following:


a. Ensure that title to the subject dwelling has been reconveyed to the foreclosed homeowner.


b. (1) Make a payment to the foreclosed homeowner such that the foreclosed homeowner has received consideration in an amount of at least eighty-two percent of the fair market value of the property, as the property was when the foreclosed homeowner vacated the property, within ninety days of either the eviction or voluntary relinquishment of possession of the property by the foreclosed homeowner. The foreclosure purchaser shall make a detailed accounting of the basis for the payment amount, or a detailed accounting of the reasons for failure to make a payment, including providing written documentation of expenses, within this ninety-day period. The accounting shall be on a form prescribed by the attorney general, in consultation with the superintendent of the banking division of the department of commerce without being subject to the rulemaking procedures of chapter 17A.


(2) For purposes of this paragraph “b”, all of the following shall apply:


(a) A rebuttable presumption arises that an appraisal by a person licensed or certified by an agency of the federal government or this state to appraise real estate constitutes the fair market value of the property.


(b) The time for determining the fair market value amount shall be determined in the foreclosure reconveyance contract as either at the time of the execution of the foreclosure reconveyance contract or at resale. If the contract states that the fair market value shall be determined at the time of resale, the fair market value shall be the resale price if it is sold within sixty days of the eviction or voluntary relinquishment of the property by the foreclosed homeowner. If the contract states that the fair market value shall be determined at the time of resale, and the resale is not completed within sixty days of the eviction or voluntary relinquishment of the property by the foreclosed homeowner, the fair market value shall be determined by an appraisal conducted within one hundred eighty days of the eviction or voluntary relinquishment of the property by the foreclosed homeowner and payment, if required, shall be made to the foreclosed homeowner, but the fair market value shall be recalculated as the resale price on resale and an additional payment amount, if appropriate, based on the resale price, shall be made to the foreclosed homeowner within fifteen days of resale, and a detailed accounting of the basis for the payment amount, or a detailed accounting of the reasons for failure to make additional payment, shall be made within fifteen days of resale, including providing written documentation of expenses. The accounting shall be on a form prescribed by the attorney general, in consultation with the superintendent of the banking division of the department of commerce, without being subject to the rulemaking procedures of chapter 17A.


(c) “Consideration” means any payment or thing of value provided to the foreclosed homeowner, including payment of unpaid rent or contract for deed payments owed by the foreclosed homeowner prior to the date of eviction or voluntary relinquishment of the property, reasonable costs paid to third parties necessary to complete the foreclosure reconveyance transaction, payment of money to satisfy a debt or legal obligation of the foreclosed homeowner that creates a lien against the affected residence, or the payment of reasonable cost of repairs for damage to the dwelling caused by the foreclosed homeowner; or a payment of a penalty imposed by a court for the filing of a frivolous claim under section 714F.9, subsection 6, but “consideration” shall not include amounts imputed as a down payment or fee to the foreclosure purchaser, or a person acting in participation with the foreclosure purchaser, incident to a contract for deed, lease, or option to purchase entered into as part of the foreclosure reconveyance, except for reasonable costs paid to third parties necessary to complete the foreclosure reconveyance.


4. Enter into repurchase or lease terms as part of the subsequent conveyance that are unfair or commercially unreasonable, or engage in any other unfair conduct.


5. Represent, directly or indirectly, any of the following:


a. The foreclosure purchaser is acting as an advisor or a consultant, or in any other manner represents that the foreclosure purchaser is acting on behalf of the foreclosed homeowner.


b. The foreclosure purchaser has a qualification, certification, or licensure that the foreclosure purchaser does not have, or that the foreclosure purchaser is not a member of a licensed profession if that is untrue.


c. The foreclosure purchaser is assisting the foreclosed homeowner to “save the house” or a substantially similar phrase.


d. The foreclosure purchaser is assisting the foreclosed homeowner in preventing a completed foreclosure, forfeiture, or tax sale if the result of the transaction is that the foreclosed homeowner will not complete a redemption of the property.


6. Make any other statements, directly or by implication, or engage in any other conduct that is false, deceptive, or misleading, or that has the likelihood to cause confusion or misunderstanding, including but not limited to statements regarding the value of the residence in foreclosure, the amount of proceeds the foreclosed homeowner will receive after a foreclosure sale, any contract term, or the foreclosed homeowner's rights or obligations incident to or arising out of the foreclosure reconveyance.


7. Do any of the following until the time during which the foreclosed homeowner may cancel the transaction has fully elapsed:


a. Accept from a foreclosed homeowner an execution of, or induce a foreclosed homeowner to execute, an instrument of conveyance of any interest in the residence in foreclosure.


b. Record with the county recorder or file with the registrar of titles any document including but not limited to an instrument of conveyance, signed by the foreclosed homeowner.


c. Transfer or encumber or purport to transfer or encumber any interest in the residence in foreclosure to any third party.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 17, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 41, S.F. 446, § 168.


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


I.C.A. § 714F.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 714F. Foreclosure Reconveyances (Refs & Annos)

714F.9. Enforcement


1. Remedies. A violation of this chapter is an unlawful practice pursuant to section 714.16, and all the remedies of section 714.16 are available for such an action. A private cause of action brought under this chapter by a foreclosed homeowner is in the public interest. A foreclosed homeowner may bring an action for a violation of this chapter. If the court finds a violation of this chapter, the court shall award to the foreclosed homeowner actual damages, appropriate equitable relief, and the costs of the action, and shall award reasonable fees to the foreclosed homeowner's attorney. Notwithstanding any other provision of this section, an action shall not be brought on the basis of a violation of this chapter except by a foreclosed homeowner against whom the violation was committed or by the attorney general. This limitation does not apply to administrative action by the superintendent of the banking division of the department of commerce.


2. Exemplary damages. In a private right of action for a violation of this chapter, the court may award exemplary damages. If the court determines that an award of exemplary damages is appropriate, the amount of exemplary damages awarded shall not be less than one and one-half times the foreclosed homeowner's actual damages. Any claim for exemplary damages brought pursuant to this section must be commenced within four years after the date of the alleged violation.


3. Remedies cumulative. The remedies provided in this section are cumulative and do not restrict any remedy that is otherwise available. The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law. No action under this section shall affect the rights in the foreclosed property held by a good faith purchaser for value.


4. Criminal penalty. A foreclosure purchaser who engages in a practice which would operate as a fraud or deceit upon a foreclosed homeowner is guilty of a serious misdemeanor. Prosecution or conviction for any one of the violations does not bar prosecution or conviction for any other offenses.


5. Failure of transaction. Failure of the parties to complete the reconveyance transaction, in the absence of additional misconduct, shall not subject a foreclosure purchaser to the criminal penalties under this chapter.


6. Stay of eviction action.


a. A court hearing an eviction action against a foreclosed homeowner must issue an automatic stay, without imposition of a bond, if the foreclosed homeowner makes a prima facie showing that all of the following apply:


(1) The foreclosed homeowner has done any of the following:


(a) Commenced an action concerning a foreclosure reconveyance.


(b) Asserts a defense that the property that is the subject of the eviction action is also the subject of a foreclosure reconveyance in violation of this chapter.


(c) Asserts a claim or affirmative defense of fraud, false pretense, false promise, misrepresentation, misleading statement, or deceptive practice, in connection with a foreclosure reconveyance.


(2) The foreclosed homeowner owned the residence in foreclosure.


(3) The foreclosed homeowner conveyed title to the residence in foreclosure to a third party upon a promise that the foreclosed homeowner would be allowed to occupy the residence in foreclosure or other real property in which the foreclosure purchaser or a person acting in participation with the foreclosure purchaser has an interest and that the residence in foreclosure or other real property would be the subject of a foreclosure reconveyance.


(4) Since the conveyance, the foreclosed homeowner has continuously occupied the residence in foreclosure or other real property in which the foreclosure purchaser or a person acting in participation with the foreclosure purchaser has an interest.


b. For purposes of this subsection, notarized affidavits are acceptable means of proof to meet the foreclosed homeowner's burden. Upon good cause shown, a foreclosed homeowner may request and the court may grant up to an additional two weeks to produce evidence required to make the prima facie showing.


c. A court may award to a plaintiff a penalty of up to five hundred dollars upon a showing that the foreclosed homeowner filed a frivolous claim or asserted a frivolous defense.


d. The automatic stay expires upon the later of any of the following:


(1) The failure of the foreclosed homeowner to commence an action in a court of competent jurisdiction in connection with a foreclosed reconveyance transaction within ninety days after the issuance of the stay.


(2) The issuance of an order lifting the stay by a court hearing claims related to the foreclosure reconveyance.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1125, H.F. 2653, § 18, eff. April 25, 2008. Amended by Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 183.


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


I.C.A. T. XVI, Subt. 1, Ch. 714G, 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 714G. Consumer Credit Security



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


I.C.A. § 714G.1


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 714G. Consumer Credit Security (Refs & Annos)

714G.1. Definitions


For the purposes of this chapter, unless the context otherwise requires:


1. “Consumer” means an individual who is a resident of this state.


2. “Consumer credit report” means a consumer report, as defined in 15 U.S.C. § 1681a, that is used or collected in whole or in part for the purpose of serving as a factor in establishing a consumer's eligibility for credit for personal, family, or household purposes.


3. “Consumer reporting agency” means the same as defined in 15 U.S.C. § 1681a(f). A consumer reporting agency does not include any of the following:


a. A check service or fraud prevention service company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment.


b. A deposit account information service company that issues reports regarding account closures due to fraud, overdrafts, automated teller machine abuse, or similar negative information regarding a consumer to inquiring financial institutions for use only in reviewing the consumer's request for a deposit account at the inquiring financial institution.


c. Any person or entity engaged in the practice of assembling and merging information contained in a database of one or more consumer reporting agencies and does not maintain a permanent database of credit information from which new consumer reports are produced.


4. “Identification information” means as defined in section 715A.8.


5. “Identity theft” means as used in section 715A.8.


6. “Normal business hours” means Sunday through Saturday, between the hours of 6:00 a.m. and 9:30 p.m., central standard time or central daylight saving time.


7. “Proper identification” means the same as defined in 15 U.S.C. § 1681h(a)(1).


8. “Security freeze” means a notice placed in a consumer credit report, at the request of the consumer and subject to certain exceptions, that prohibits a consumer reporting agency from releasing the consumer credit report or score relating to the extension of credit.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 1.


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


I.C.A. § 714G.2


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 714G. Consumer Credit Security (Refs & Annos)

714G.2. Security freeze


A consumer may submit by certified mail to a consumer reporting agency a written request for a security freeze. The consumer must submit proper identification and the applicable fee with the request. Within five business days after receiving the request, the consumer reporting agency shall commence the security freeze. Within ten business days after commencing the security freeze, the consumer reporting agency shall send a written confirmation to the consumer of the security freeze, a personal identification number or password, other than the consumer's social security number, for the consumer to use in authorizing the suspension or removal of the security freeze, including information on how the security freeze may be temporarily suspended.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 2.


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


I.C.A. § 714G.3


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 714G. Consumer Credit Security (Refs & Annos)

714G.3. Temporary suspension


1. A consumer may request that a security freeze be temporarily suspended to allow the consumer reporting agency to release the consumer credit report for a specific time period. The consumer reporting agency may develop procedures to expedite the receipt and processing of requests which may involve the use of telephones, facsimile transmissions, the internet, or other electronic media. The consumer reporting agency shall comply with the request within three business days after receiving the consumer's written request, or within fifteen minutes after the consumer's request is received by the consumer reporting agency through facsimile, the internet, or other electronic contact method chosen by the consumer reporting agency, or the use of a telephone, during normal business hours. The consumer's request shall include all of the following:


a. Proper identification.


b. The personal identification number or password provided by the consumer reporting agency.


c. Explicit instructions of the specific time period designated for suspension of the security freeze.


d. Payment of the applicable fee.


2. A consumer reporting agency need not remove a security freeze within the time frames provided in subsection 1 if the consumer fails to meet the requirements of subsection 1, or the ability of the consumer reporting agency to remove the security freeze within fifteen minutes is prevented by one of the following:


a. An act of God, including a fire, earthquake, hurricane, storm, or similar natural disaster or phenomenon.


b. Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrences.


c. Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption.


d. Governmental action, including emergency orders or regulations, judicial law enforcement action, or similar directives.


e. Regularly scheduled maintenance, during other than normal business hours, of the consumer reporting agency's systems, or updates to the consumer reporting agency's systems.


f. Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled.


g. Receipt of a removal request outside of normal business hours.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 3.


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


I.C.A. § 714G.4


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 714G. Consumer Credit Security (Refs & Annos)

714G.4. Removal


A security freeze remains in effect until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days after receiving a request for removal that includes proper identification of the consumer, the personal identification number or password provided by the consumer reporting agency, and payment of the applicable fee.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 4.


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


I.C.A. § 714G.5


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 714G. Consumer Credit Security (Refs & Annos)

714G.5. Fees


1. A consumer reporting agency shall not charge any fee to a consumer who is the victim of identity theft for commencing a security freeze, temporary suspension, or removal if with the initial security freeze request, the consumer submits a valid copy of the police report concerning the unlawful use of identification information by another person.


2. A consumer reporting agency may charge a fee not to exceed ten dollars to a consumer who is not the victim of identity theft for each security freeze, removal, or for reissuing a personal identification number or password if the consumer fails to retain the original number. The consumer reporting agency may charge a fee not to exceed twelve dollars for each temporary suspension of a security freeze.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 5.


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


I.C.A. § 714G.6


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 714G. Consumer Credit Security (Refs & Annos)

714G.6. Third parties


If a third party requests a consumer credit report that is subject to a security freeze, the consumer reporting agency may advise the third party that a security freeze is in effect. If the consumer does not expressly authorize the third party to have access to the consumer credit report through a temporary suspension of the security freeze, the third party shall not be given access to the consumer credit report but may treat a credit application as incomplete.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 6.


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


I.C.A. § 714G.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 714G. Consumer Credit Security (Refs & Annos)

714G.7. Misrepresentation of fact


A consumer reporting agency may suspend or remove a security freeze upon a material misrepresentation of fact by the consumer. However, the consumer reporting agency shall send notice to the consumer in writing prior to suspending or removing the security freeze.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 7.


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


I.C.A. § 714G.8


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 714G. Consumer Credit Security (Refs & Annos)

714G.8. Exceptions


A security freeze shall not apply to the following persons or entities:


1. A person or person's subsidiary, affiliate, agent, or assignee with which the consumer has or prior to assignment had an account, contract, or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt, or extending credit to a consumer with a prior or existing account, contract, or debtor-creditor relationship. “Reviewing the account” includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.


2. A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under a temporary suspension for purposes of facilitating the extension of credit or another permissible use.


3. A person acting pursuant to a court order, warrant, or subpoena.


4. Child support enforcement officials when investigating a child support case pursuant to Tit. IV-D [FN1] or Tit. XIX [FN2] of the federal Social Security Act.


5. The department of human services or its agents or assignees acting to investigate fraud under the medical assistance program.


6. The department of revenue or local taxing authorities, or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties and unpaid court orders, or to fulfill any of their other statutory or other responsibilities.


7. A person's use of credit information for prescreening as provided by the federal Fair Credit Reporting Act.


8. A person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed.


9. A consumer reporting agency for the sole purpose of providing a customer with a copy of the consumer credit report upon the consumer's request.


10. A person's use of a consumer credit report in connection with the business of insurance.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 8. Amended by Acts 2012 (84 G.A.) ch. 1023, S.F. 2203, § 85.


[FN1] 42 U.S.C.A. § 651 et seq.


[FN2] 42 U.S.C.A. § 1396 et seq.


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


I.C.A. § 714G.9


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 714G. Consumer Credit Security (Refs & Annos)

714G.9. Written confirmation


After a security freeze is in effect, a consumer reporting agency may post a name, date of birth, social security number, or address change in a consumer credit report provided written confirmation is sent to the consumer within thirty days of posting the change. For an address change, written confirmation shall be sent to both the new and former addresses. Written confirmation is not required to correct spelling and typographical errors.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 9.


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


I.C.A. § 714G.10


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 714G. Consumer Credit Security (Refs & Annos)

714G.10. Waiver void


A waiver by a consumer of the provisions of this chapter is contrary to public policy and is void and unenforceable.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 10.


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


I.C.A. § 714G.11


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 714G. Consumer Credit Security (Refs & Annos)

714G.11. Enforcement


A person who violates this chapter violates section 714.16, subsection 2, paragraph “a”. All powers conferred upon the attorney general to accomplish the objectives and carry out the duties prescribed in section 714.16 are also conferred upon the attorney general to enforce this chapter including but not limited to the power to issue subpoenas, adopt rules, and seek injunctive relief and a monetary award for civil penalties, attorney fees, and costs. Additionally, the attorney general may seek and recover the greater of five hundred dollars or actual damages for each customer injured by a violation of this chapter.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1063, S.F. 2277, § 11.


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


I.C.A. T. XVI, Subt. 1, Ch. 714H, 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 714H. Consumer Fraud--Private Actions


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.1. Title


This chapter shall be known and may be cited as the “Private Right of Action for Consumer Frauds Act”.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 1.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.2. Definitions


1. “Actual damages” means all compensatory damages proximately caused by the prohibited practice or act that are reasonably ascertainable in amount. “Actual damages” does not include damages for bodily injury, pain and suffering, mental distress, or loss of consortium, loss of life, or loss of enjoyment of life.


2. “Advertisement” means the same as defined in section 714.16.


3. “Consumer” means a natural person or the person's legal representative.


4. “Consumer merchandise” means merchandise offered for sale or lease, or sold or leased, primarily for personal, family, or household purposes.


5. “Deception” means an act or practice that is likely to mislead a substantial number of consumers as to a material fact or facts.


6. “Merchandise” means the same as defined in section 714.16.


7. “Person” means the same as defined in section 714.16.


8. “Sale” means any sale or offer for sale of consumer merchandise for cash or credit.


9. “Unfair practice” means the same as defined in section 714.16.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 2.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.3. Prohibited practices and acts


1. A person shall not engage in a practice or act the person knows or reasonably should know is an unfair practice, deception, fraud, false pretense, or false promise, or the misrepresentation, concealment, suppression, or omission of a material fact, with the intent that others rely upon the unfair practice, deception, fraud, false pretense, false promise, misrepresentation, concealment, suppression, or omission in connection with the advertisement, sale, or lease of consumer merchandise, or the solicitation of contributions for charitable purposes. For the purposes of this chapter, a claimant alleging an unfair practice, deception, fraud, false pretense, false promise, or misrepresentation must prove that the prohibited practice related to a material fact or facts. “Solicitations of contributions for charitable purposes” does not include solicitations made on behalf of a political organization as defined in section 13C.1, solicitations made on behalf of a religious organization as defined in section 13C.1, solicitations made on behalf of a state, regionally, or nationally accredited college or university, or solicitations made on behalf of a nonprofit foundation benefiting a state, regionally, or nationally accredited college or university subject to section 509(a)(1) or 509(a)(3) of the Internal Revenue Code of 1986. [FN1]


2. A person shall not engage in any practice or act that is in violation of any of the following:


a. Section 321.69.


b. Chapter 516D.


c. Section 516E.5, 516E.9, or 516E.10.


d. Chapter 555A.


e. Section 714.16, subsection 2, paragraphs “b” through “n”.


f. Chapter 714A.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 3.


[FN1] Internal Revenue Code sections are found in Title 26 of U.S.C.A.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.4. Exclusions


1. This chapter shall not apply to any of the following:


a. Merchandise offered or provided by any of the following persons, including business entities organized under Title XII by those persons and the officers, directors, employees, and agents of those persons or business entities, pursuant to a profession or business for which they are licensed or registered:


(1) Insurance companies subject to Title XIII.


(2) Attorneys licensed to practice law in this state.


(3) Financial institutions which includes any bank incorporated under the provisions of any state or federal law, any savings and loan association or savings bank incorporated under the provisions of any state or federal law, and any credit union organized under the provisions of any state or federal law, and any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union.


(4) Persons or facilities licensed, certified, or registered under chapters 135B, 135C, 135J, 148, 148A, 148B, 148C, 149, 151, 152, 152A, 152B, 153, 154, 154B, 154C, 154D, 155A, 156, 169, 522B, 542, 542B, 543B, 544A, or 544B.


b. Advertising by a retailer for a product, other than a drug or other product claiming to have a health-related benefit or use, if the advertising is prepared by a supplier, unless the retailer participated in the preparation of the advertisement or knew or should have known that the advertisement was deceptive, false, or misleading.


c. In connection with an advertisement that violates this chapter, the newspaper, magazine, publication, or other print media in which the advertisement appears, including the publisher of the newspaper, magazine, publication, or other print media in which the advertisement appears, or the radio station, television station, or other electronic media which disseminates the advertisement, including an employee, agent, or representative of the publisher, newspaper, magazine, publication or other print media, or the radio station, television station, or other electronic media.


d. The provision of local exchange carrier telephone service pursuant to a certificate issued under section 476.29.


e. Public utilities as defined in section 476.1 that furnish gas by a piped distribution system or electricity to the public for compensation.


f. Any advertisement that complies with the statutes, rules, and regulations of the federal trade commission.


g. Conduct that is required or permitted by the orders or rules of, or a statute administered by, a federal, state, or local governmental agency.


h. An affirmative act that violates this chapter but is specifically required by other applicable law, to the extent that the actor could not reasonably avoid a violation of this chapter.


i. In any action relating to a charitable solicitation, an individual who has engaged in the charitable solicitation as an unpaid, uncompensated volunteer and who does not receive monetary gain of any sort from engaging in the solicitation.


j. The provision of cable television service or video service pursuant to a franchise under section 364.2 or 477A.2.


k. A corporation holding one or more industrial loan licenses pursuant to chapter 536A and employing fewer than sixty full-time employees or a corporation holding one or more regulated loan licenses pursuant to chapter 536 and employing fewer than sixty full-time employees. For purposes of this paragraph, “corporation” means the same as defined in section 536A.2.


2. “Material fact” as used in this chapter does not include repairs of damage to, adjustments on, or replacements of parts with new parts of otherwise new merchandise if the repairs, adjustments, or replacements are made to achieve compliance with factory specifications and are made before sale of the merchandise at retail and the actual cost of any labor and parts charged to or performed by a retailer for any such repairs, adjustments, and parts does not exceed three hundred dollars or ten percent of the actual cost to a retailer including freight of the merchandise, whichever is less, provided that the seller posts in a conspicuous place notice that repairs, adjustments, or replacements will be disclosed upon request. The exclusion provided in this subsection does not apply to the concealment, suppression, or omission of a material fact if the purchaser requests disclosure of any repair, adjustment, or replacement.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 4.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.5. Private right of action


1. A consumer who suffers an ascertainable loss of money or property as the result of a prohibited practice or act in violation of this chapter may bring an action at law to recover actual damages. The court may order such equitable relief as it deems necessary to protect the public from further violations, including temporary and permanent injunctive relief.


2. If the court finds that a person has violated this chapter and the consumer is awarded actual damages, the court shall award to the consumer the costs of the action and to the consumer's attorney reasonable fees. Reasonable attorney fees shall be determined by the value of the time reasonably expended by the attorney including but not limited to consideration of the following factors:


a. The time and labor required.


b. The novelty and difficulty of the issues in the case.


c. The skills required to perform the legal services properly.


d. The preclusion of other employment by the attorney due to the attorney's acceptance of the case.


e. The customary fee.


f. Whether the fee is fixed or contingent.


g. The time limitations imposed by the client or the circumstances of the case.


h. The amount of money involved in the case and the results obtained.


i. The experience, reputation, and ability of the attorney.


j. The undesirability of the case.


k. The nature and length of the professional relationship between the attorney and the client.


l. Attorney fee awards in similar cases.


3. In order to recover damages, a claim under this section shall be proved by a preponderance of the evidence.


4. If the finder of fact finds by a preponderance of clear, convincing, and satisfactory evidence that a prohibited practice or act in violation of this chapter constitutes willful and wanton disregard for the rights or safety of another, in addition to an award of actual damages, statutory damages up to three times the amount of actual damages may be awarded to a prevailing consumer.


5. An action pursuant to this chapter must be brought within two years of the occurrence of the last event giving rise to the cause of action under this chapter or within two years of the discovery of the violation of this chapter by the person bringing the action, whichever is later.


6. This section shall not affect a consumer's right to seek relief under any other theory of law.


7. A person shall not be held liable in any action brought under this section for a violation of this chapter if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 5.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.6. Attorney general notification


1. A party filing a petition, counterclaim, cross-petition, or pleading, or any count thereof, in intervention alleging a violation under this chapter, within seven days following the date of filing such pleading, shall provide a copy to the attorney general and, within seven days following entry of any final judgment in the action, shall provide a copy of the judgment to the attorney general.


2. A party appealing to district court a small claims order or judgment involving an issue raised under this chapter, within seven days of providing notice of the appeal, shall notify the attorney general in writing and provide a copy of the pleading raising the issue and a copy of the small claims court order or judgment.


3. A party appealing an order or judgment involving an issue raised under this chapter, within seven days following the date such notice of appeal is filed with the court, shall notify the attorney general in writing and provide a copy of the pleading raising the issue and a copy of the court order or judgment being appealed.


4. Upon timely application to the court in which an action involving an issue raised under this chapter is pending, the attorney general may intervene as a party at any time or may be heard at any time. The attorney general's failure to intervene shall not preclude the attorney general from bringing a separate enforcement action.


5. All copies of pleadings, orders, judgments, and notices required by this section to be sent to the attorney general shall be sent by certified mail unless the attorney general has previously been provided such copies of pleadings, orders, judgments, or notices in the same action by certified mail, in which case subsequent mailings may be made by regular mail. Failure to provide the required mailings to the attorney general shall not be grounds for dismissal of an action under this chapter, but shall be grounds for a subsequent action by the attorney general to vacate or modify the judgment.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 6.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.7. Class actions


A class action lawsuit alleging a violation of this chapter shall not be filed with a court unless it has been approved by the attorney general. The attorney general shall approve the filing of a class action lawsuit alleging a violation of this chapter unless the attorney general determines that the lawsuit is frivolous. This section shall not affect the requirements of any other law or of the Iowa rules of civil procedure relating to class action lawsuits.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 7.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. § 714H.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 714H. Consumer Fraud--Private Actions (Refs & Annos)

714H.8. Severability clause


If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 8.


APPLICATION


<This chapter applies to causes of action accruing on or after July 1, 2009, pursuant to Acts 2009 (83 G.A.) ch. 167, H.F. 712, § 9.>


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


I.C.A. T. XVI, Subt. 1, Ch. 715, 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 715. Computer Spyware and Malware Protection



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


I.C.A. § 715.1


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.1. Legislative intent


It is the intent of the general assembly to protect owners and operators of computers in this state from the use of spyware and malware that is deceptively or surreptitiously installed on the owner's or the operator's computer.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 1.


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


I.C.A. § 715.2


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.2. Title


This chapter shall be known and may be cited as the “Computer Spyware Protection Act”.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 2.


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


I.C.A. § 715.3


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.3. Definitions


For purposes of this chapter, unless the context otherwise requires:


1. “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an internet website operated for a commercial purpose.


2. “Computer software” means a sequence of instructions written in any programming language that is executed on a computer. “Computer software” does not include computer software that is a web page or data components of a web page that are not executable independently of the web page.


3. “Damage” means any significant impairment to the integrity or availability of data, software, a system, or information.


4. “Execute”, when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software.


5. “Intentionally deceptive” means any of the following:


a. An intentionally and materially false or fraudulent statement.


b. A statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer.


c. An intentional and material failure to provide a notice to an owner or operator regarding the installation or execution of computer software for the purpose of deceiving the owner or operator.


6. “Internet” means the same as defined in section 4.1.


7. “Owner or operator” means the owner or lessee of a computer, or a person using such computer with the owner or lessee's authorization, but does not include a person who owned a computer prior to the first retail sale of the computer.


8. “Person” means the same as defined in section 4.1.


9. “Personally identifiable information” means any of the following information with respect to the owner or operator of a computer:


a. The first name or first initial in combination with the last name.


b. A home or other physical address including street name.


c. An electronic mail address.


d. Credit or debit card number, bank account number, or any password or access code associated with a credit or debit card or bank account.


e. Social security number, tax identification number, driver's license number, passport number, or any other government-issued identification number.


f. Account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer.


10. “Transmit” means to transfer, send, or make available computer software using the internet or any other medium, including local area networks of computers other than a wireless transmission, and a disc or other data storage device. “Transmit” does not include an action by a person providing any of the following:


a. An internet connection, telephone connection, or other means of transmission capability such as a compact disc or digital video disc through which the computer software was made available.


b. The storage or hosting of the computer software program or an internet web page through which the software was made available.


c. An information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the computer software, unless the person transmitting receives a direct economic benefit from the execution of such software on the computer.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 3.


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


I.C.A. § 715.4


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.4. Prohibitions--transmission and use of software


It is unlawful for a person who is not an owner or operator of a computer to transmit computer software to such computer knowingly or with conscious avoidance of actual knowledge, and to use such software to do any of the following:


1. Modify, through intentionally deceptive means, settings of a computer that control any of the following:


a. The web page that appears when an owner or operator launches an internet browser or similar computer software used to access and navigate the internet.


b. The default provider or web proxy that an owner or operator uses to access or search the internet.


c. An owner's or an operator's list of bookmarks used to access web pages.


2. Collect, through intentionally deceptive means, personally identifiable information through any of the following means:


a. The use of a keystroke-logging function that records keystrokes made by an owner or operator of a computer and transfers that information from the computer to another person.


b. In a manner that correlates personally identifiable information with data respecting all or substantially all of the websites visited by an owner or operator, other than websites operated by the person collecting such information.


c. By extracting from the hard drive of an owner's or an operator's computer, an owner's or an operator's social security number, tax identification number, driver's license number, passport number, any other government-issued identification number, account balances, or overdraft history.


3. Prevent, through intentionally deceptive means, an owner's or an operator's reasonable efforts to block the installation of, or to disable, computer software by causing computer software that the owner or operator has properly removed or disabled to automatically reinstall or reactivate on the computer.


4. Intentionally misrepresent that computer software will be uninstalled or disabled by an owner's or an operator's action.


5. Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus computer software installed on an owner's or an operator's computer.


6. Take control of an owner's or an operator's computer by doing any of the following:


a. Accessing or using a modem or internet service for the purpose of causing damage to an owner's or an operator's computer or causing an owner or operator to incur financial charges for a service that the owner or operator did not authorize.


b. Opening multiple, sequential, stand-alone advertisements in an owner's or an operator's internet browser without the authorization of an owner or operator and which a reasonable computer user could not close without turning off the computer or closing the internet browser.


7. Modify any of the following settings related to an owner's or an operator's computer access to, or use of, the internet:


a. Settings that protect information about an owner or operator for the purpose of taking personally identifiable information of the owner or operator.


b. Security settings for the purpose of causing damage to a computer.


8. Prevent an owner's or an operator's reasonable efforts to block the installation of, or to disable, computer software by doing any of the following:


a. Presenting the owner or operator with an option to decline installation of computer software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds.


b. Falsely representing that computer software has been disabled.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 4.


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


I.C.A. § 715.5


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.5. Other prohibitions


It is unlawful for a person who is not an owner or operator of a computer to do any of the following with regard to the computer:


1. Induce an owner or operator to install a computer software component onto the owner's or the operator's computer by intentionally misrepresenting that installing computer software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.


2. Using intentionally deceptive means to cause the execution of a computer software component with the intent of causing an owner or operator to use such component in a manner that violates any other provision of this chapter.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 5.


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


I.C.A. § 715.6


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.6. Exceptions


Sections 715.4 and 715.5 shall not apply to the monitoring of, or interaction with, an owner's or an operator's internet or other network connection, service, or computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, authorized updates of computer software or system firmware, authorized remote system management, or detection, criminal investigation, or prevention of the use of or fraudulent or other illegal activities prohibited in this chapter in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this chapter. Nothing in this chapter shall limit the rights of providers of wire and electronic communications under 18 U.S.C. § 2511.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 6. Amended by Acts 2007 (82 G.A.) ch. 126, S.F. 333, § 108; Acts 2007 (82 G.A.) ch. 215, S.F. 601, § 257.


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


I.C.A. § 715.7


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.7. Criminal penalties


1. A person who commits an unlawful act under this chapter is guilty of an aggravated misdemeanor.


2. A person who commits an unlawful act under this chapter and who causes pecuniary losses exceeding one thousand dollars to a victim of the unlawful act is guilty of a class “D” felony.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 7.


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


I.C.A. § 715.8


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 715. Computer Spyware and Malware Protection (Refs & Annos)

715.8. Venue for criminal violations


For the purpose of determining proper venue, a violation of this chapter shall be considered to have been committed in any county in which any of the following apply:


1. An act was performed in furtherance of the violation.


2. The owner or operator who is the victim of the violation has a place of business in this state.


3. The defendant has control or possession of any proceeds of the violation, or of any books, records, documents, property, financial instrument, computer software, computer program, computer data, or other material or objects used in furtherance of the violation.


4. The defendant unlawfully accessed a computer or computer network by wires, electromagnetic waves, microwaves, or any other means of communication.


5. The defendant resides.


6. A computer used as an object or an instrument in the commission of the violation was located at the time of the violation.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 94, H.F. 614, § 8.


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


I.C.A. T. XVI, Subt. 1, Ch. 715A, 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 715A. Forgery and Related Fraudulent Criminal Acts



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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.1. Definitions


1. As used in this chapter the term “writing” includes printing or any other method of recording information, and includes money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.


2. As used in this chapter the term “credit card” means a writing purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer and includes a debit card or access device used to engage in an electronic transfer of funds through a satellite terminal as defined in section 527.2, subsection 20.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 1.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.2. Forgery


1. A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by anyone, the person does any of the following:


a. Alters a writing of another without the other's permission.


b. Makes, completes, executes, authenticates, issues, or transfers a writing so that it purports to be the act of another who did not authorize that act, or so that it purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or so that it purports to be a copy of an original when no such original existed.


c. Utters a writing which the person knows to be forged in a manner specified in paragraph “a” or “b”.


d. Possesses a writing which the person knows to be forged in a manner specified in paragraph “a” or “b”.


2. a. Forgery is a class “D” felony if the writing is or purports to be any of the following:


(1) Part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government.


(2) Part of an issue of stock, bonds, credit-sale contracts as defined in section 203.1, or other instruments representing interests in or claims against any property or enterprise.


(3) A check, draft, or other writing which ostensibly evidences an obligation of the person who has purportedly executed it or authorized its execution.


(4) A document prescribed by statute, rule, or regulation for entry into or as evidence of authorized stay or employment in the United States.


b. Forgery is an aggravated misdemeanor if the writing is or purports to be a will, deed, contract, release, commercial instrument, or any other writing or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 2. Amended by Acts 1992 (74 G.A.) ch. 1239, § 80, eff. July 1, 1992; Acts 1996 (76 G.A.) ch. 1181, §§ 2, 3.


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


I.C.A. § 715A.2A


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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.2A. Accommodation of forgery--penalty


1. An employer is subject to the civil penalty in this section if the employer does either of the following:


a. Hires a person when the employer or an agent or employee of the employer knows that the document evidencing the person's authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4), or knows that the person is not authorized to be employed in the United States.


b. Continues to employ a person when the employer or an agent or employee of the employer knows that the document evidencing the person's authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4), or knows that the person is not authorized to be employed in the United States.


2. An employer who establishes that it has complied in good faith with the requirements of 8 U.S.C. § 1324a(b) with respect to the hiring or continued employment of an alien in the United States has established an affirmative defense that the employer has not violated this section.


3. a. An employer who violates this section shall cease and desist from further violations and shall pay the following civil penalty:


(1) For a first violation, not less than two hundred and fifty dollars and not more than two thousand dollars for each unauthorized alien hired or employed.


(2) For a second violation, not less than two thousand dollars and not more than five thousand dollars for each unauthorized alien hired or employed.


(3) For a third or subsequent violation, not less than three thousand dollars and not more than ten thousand dollars for each unauthorized alien hired or employed.


b. In addition, an employer found to have violated this section shall be assessed the costs of the action to enforce the civil penalty, including the reasonable costs of investigation and attorney fees.


4. A civil action to enforce this provision shall be by equitable proceedings instituted by the attorney general or county attorney.


5. Penalties ordered pursuant to this section shall be paid to the treasurer of state for deposit in the general fund of the state.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1181, § 4. Amended by Acts 2008 (82 G.A.) ch. 1031, S.F. 2317, § 69.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.3. Simulating objects of antiquity or rarity


A person commits a serious misdemeanor if, with intent to defraud anyone or with knowledge that the person is facilitating a fraud to be perpetrated by anyone, the person makes, alters, or utters any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 3.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.4. Fraudulent destruction, removal, or concealment of recordable instruments


A person commits an aggravated misdemeanor if, with the intent to deceive or injure anyone, the person destroys, removes, or conceals a will, deed, mortgage, security instrument, or other writing for which the law provides public recording.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 4.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.5. Tampering with records


A person commits an aggravated misdemeanor if, knowing that the person has no privilege to do so, the person falsifies, destroys, removes, or conceals a writing or record, with the intent to deceive or injure anyone or to conceal any wrongdoing.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 5.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.6. Credit cards


1. A person commits a public offense by using a credit card for the purpose of obtaining property or services with knowledge of any of the following:


a. The credit card is stolen or forged.


b. The credit card has been revoked or canceled.


c. For any other reason the use of the credit card is unauthorized.


It is an affirmative defense to prosecution under paragraph “c” if the person proves by a preponderance of the evidence that the person had the intent and ability to meet all obligations to the issuer arising out of the use of the credit card.


2. An offense under this section is a class “C” felony if the value of the property or services secured or sought to be secured by means of the credit card is greater than ten thousand dollars. If the value of the property or services secured or sought to be secured by means of the credit card is greater than one thousand dollars but not more than ten thousand dollars, an offense under this section is a class “D” felony, otherwise the offense is an aggravated misdemeanor.


3. For purposes of this section, the value of the property or services is the highest value of the property or services determined by any reasonable standard at the time the violation occurred. Any reasonable standard includes but is not limited to market value within the community, actual value, or replacement value. If property or services are secured by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the acts are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single act and the value may be the total value of all property or services involved.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 6. Amended by Acts 1992 (74 G.A.) ch. 1060, § 7; Acts 2003 (80 G.A.) ch. 12, §§ 1, 2.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.6A. Prohibitions relating to false academic degrees, grades, or honors


1. As used in this section, “academic degree” means a diploma, certificate, license, transcript, or other document which signifies or purports to signify completion of the academic requirements of a secondary, postsecondary, professional, or governmental program of study.


2. A person commits a serious misdemeanor if the person, knowingly and willingly, does any of the following:


a. Falsely makes or alters, procures to be falsely made or altered, or assists in falsely making or altering, an academic degree.


b. Uses, offers, or presents as genuine, a falsely made or altered academic degree.


c. Sells, gives, purchases, or obtains, procures to be sold, given, purchased, or obtained, or assists in selling, giving, buying, or obtaining, a false academic degree.


d. Makes a false written representation relating to the person's academic grades, honors, or awards, or makes a false written representation that the person has received an academic degree from a specific secondary, postsecondary, professional institution, or governmental program of study, in an application for any of the following:


(1) Employment.


(2) Admission to an educational program.


(3) An award or other recognition.


(4) The issuance of an academic degree to the person.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1039, § 1.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.7. Filing multiple counts in one information, indictment, or complaint


A single information, indictment, or complaint charging a violation of a provision of this chapter may allege more than one such violation against a person. The multiple charges shall be set out in separate counts, and the accused person shall be acquitted or convicted upon each count by a separate verdict. A convicted person shall be sentenced upon each verdict of guilty. The court may consider separate verdicts of guilty returned at the same time as one offense for the purpose of sentencing.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 150, § 7. Amended by Acts 1988 (72 G.A.) ch. 1134, § 114.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.8. Identity theft


1. a. For purposes of this section, “identification information” includes, but is not limited to, the name, address, date of birth, telephone number, driver's license number, nonoperator's identification card number, social security number, student identification number, military identification number, alien identification or citizenship status number, employer identification number, signature, electronic mail signature, electronic identifier or screen name, biometric identifier, genetic identification information, access device, logo, symbol, trademark, place of employment, employee identification number, parent's legal surname prior to marriage, demand deposit account number, savings or checking account number, or credit card number of a person.


b. For purposes of this section, “financial institution” means the same as defined in section 527.2, and includes an insurer organized under Title XIII, subtitle 1, [FN1] of this Code, or under the laws of any other state or the United States.


2. A person commits the offense of identity theft if the person fraudulently uses or attempts to fraudulently use identification information of another person, with the intent to obtain credit, property, services, or other benefit.


3. If the value of the credit, property, or services exceeds one thousand dollars, the person commits a class “D” felony. If the value of the credit, property, or services does not exceed one thousand dollars, the person commits an aggravated misdemeanor.


4. A violation of this section is an unlawful practice under section 714.16.


5. Violations of this section shall be prosecuted in any of the following venues:


a. In the county in which the violation occurred.


b. If the violation was committed in more than one county, or if the elements of the offense were committed in more than one county, then in any county where any violation occurred or where an element of the offense occurred.


c. In the county where the victim resides.


d. In the county where the property that was fraudulently used or attempted to be used was located at the time of the violation.


6. Any real or personal property obtained by a person as a result of a violation of this section, including but not limited to any money, interest, security, claim, contractual right, or financial instrument that is in the possession of the person, shall be subject to seizure and forfeiture pursuant to chapter 809A. A victim injured by a violation of this section, or a financial institution that has indemnified a victim injured by a violation of this section, may file a claim as an interest holder pursuant to section 809A.11 for payment of damages suffered by the victim including costs of recovery and reasonable attorney fees.


7. A financial institution may file a complaint regarding a violation of this section on behalf of a victim and shall have the same rights and privileges as the victim if the financial institution has indemnified the victim for such violations.


8. Upon the request of a victim, a peace officer in any jurisdiction described in subsection 5 shall take a report regarding an alleged violation of this section and shall provide a copy of the report to the victim. The report may also be provided to any other law enforcement agency in any of the jurisdictions described in subsection 5.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 47, § 2. Amended by Acts 2003 (80 G.A.) ch. 49, § 1; Acts 2005 (81 G.A.) ch. 18, S.F. 270, §§ 3, 4.


[FN1] See § 505.1 et seq.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.9. Value for purposes of identity theft


The value of property or services is its highest value by any reasonable standard at the time the identity theft is committed. Any reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.


If credit, property, or services are obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the identity thefts are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single identity theft and the value may be the total value of all credit, property, and services involved.


CREDIT(S)


Added by Acts 1999 (78 G.A.) ch. 47, § 3.


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


I.C.A. § 715A.9A


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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.9A. Identity theft passport


1. The attorney general, in cooperation with any law enforcement agency, may issue an identity theft passport to a person who meets both of the following requirements:


a. Is a victim of identity theft in this state as described in section 715A.8.


b. Has filed a police report with any law enforcement agency citing that the person is a victim of identity theft.


2. A victim who has filed a report of identity theft with a law enforcement agency may apply for an identity theft passport through the law enforcement agency. The law enforcement agency shall send a copy of the police report and the application to the attorney general, who shall process the application and supporting report and may issue the victim an identity theft passport in the form of a card or certificate.


3. A victim of identity theft issued an identity theft passport may present the passport to any of the following:


a. A law enforcement agency, to help prevent the victim's arrest or detention for an offense committed by someone other than the victim who is using the victim's identity.


b. A creditor of the victim, to aid in the creditor's investigation and establishment of whether fraudulent charges were made against accounts in the victim's name or whether accounts were opened using the victim's identity.


4. A law enforcement agency or creditor may accept an identity theft passport issued pursuant to this section and presented by a victim at the discretion of the law enforcement agency or creditor. A law enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim.


5. An application made with the attorney general under subsection 2, including any supporting documentation, shall be confidential and shall not be a public record subject to disclosure under chapter 22.


6. The attorney general shall adopt rules necessary to implement this section, which shall include a procedure by which the attorney general shall assure that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1067, H.F. 2506, § 1.


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


I.C.A. § 715A.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 715A. Forgery and Related Fraudulent Criminal Acts (Refs & Annos)

715A.10. Illegal use of scanning device or reencoder


1. A person commits a class “D” felony if the person does any of the following:


a. Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card, and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.


b. Uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded, and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.


2. A second or subsequent violation of this section is a class “C” felony.


3. As used in this section:


a. “Merchant” means an owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A “merchant” also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person.


b. “Payment card” means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.


c. “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.


d. “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.


CREDIT(S)


Added by Acts 2003 (80 G.A.) ch. 12, § 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. 715B, 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 715B. Protection of Buyers of Fine Art and Visual Art Multiples



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


I.C.A. § 715B.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 715B. Protection of Buyers of Fine Art and Visual Art Multiples (Refs & Annos)

715B.1. Definitions


As used in this chapter:


1. “Artist” means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made.


2. “Art merchant” means a person who is in the business of dealing, exclusively or nonexclusively, in works of fine art or multiples, or a person who by the person's occupation claims or impliedly claims to have knowledge or skill peculiar to such works, or to whom such knowledge or skill may be attributed by the person's employment of an agent or other intermediary who by occupation claims or impliedly claims to have such knowledge or skill. The term “art merchant” includes an auctioneer who sells such works at public auction, and except for multiples, includes persons not otherwise defined or treated as art merchants in this chapter who are consignors or principals of auctioneers.


3. “Author” or “authorship” refers to the creator of a work of fine art or multiple or to the period, culture, source, or origin, as the case may be, with which the creation of the work is identified in the description of the work.


4. “Counterfeit” means a work of fine art or multiple made, altered, or copied, with or without intent to deceive, in such a manner that it appears or is claimed to have an authorship which it does not in fact possess.


5. “Certificate of authenticity” means a written statement by an art merchant confirming, approving, or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person.


6. “Fine art” means a painting, sculpture, drawing, work of graphic art, or print, but not multiples.


7. “Limited edition” means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote a limited production to a stated maximum number of multiples, or which are otherwise held out as limited to a maximum number of multiples.


8. “Master” includes a printing plate, stone, block, screen, photographic negative, or other like material which contains an image used to produce visual art objects in multiples.


9. “Print” means a multiple produced by, but not limited to, such processes as engraving, etching, woodcutting, lithography, and serigraphy, a multiple produced or developed from a photographic negative, or a multiple produced or developed by any combination of such processes.


10. “Proof” means a multiple which is the same as, and which is produced from the same master as the multiples in a limited edition, but which, whether so designated or not, is set aside from and is in addition to the limited edition to which it relates.


11. “Signed” means autographed by the artist's own hand, and not by mechanical means of reproduction, and if a multiple, after the multiple was produced, whether or not the master was signed.


12. “Visual art multiple” or “multiple” means a print, photograph, positive or negative, or similar art object produced in more than one copy and sold, offered for sale, or consigned in, into, or from this state for an amount in excess of one hundred dollars exclusive of any frame. The term includes a page or sheet taken from a book or magazine and offered for sale or sold as a visual art object, but excludes a book or magazine.


13. “Written instrument” means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue, or any other written or printed note, memorandum, or label describing the work of fine art or multiple which is to be sold, exchanged, or consigned by an art merchant.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 49, § 1.


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


I.C.A. § 715B.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 715B. Protection of Buyers of Fine Art and Visual Art Multiples (Refs & Annos)

715B.2. Express warranties


1. If an art merchant sells or exchanges a work of fine art or multiple and furnishes to a buyer of the work who is not an art merchant a certificate of authenticity or any similar written instrument presumed to be part of the basis of the bargain, the art merchant creates an express warranty for the material facts stated as of the date of the sale or exchange.


2. Except as provided in subsection 4, an express warranty shall not be negated or limited; however, in construing the degree of warranty, due regard shall be given the terminology used and the meaning accorded the terminology by the customs and usage of the trade at the time and in the locality where the sale or exchange took place.


3. Language used in a certificate of authenticity or similar written instrument, stating that:


a. The work is by a named author or has a named authorship, without any limiting words, means unequivocally, that the work is by such named author or has such named authorship.


b. The work is “attributed to a named author” means a work of the period of the author, attributed to the author, but not with certainty by the author.


c. The work is of the “school of a named author” means a work of the period of the author, by a pupil or close follower of the author, but not by the author.


4. An express warranty and any disclaimer intended to negate or limit the warranty shall be construed wherever reasonable as consistent with each other but subject to the provisions of section 554.2202 on parol and extrinsic evidence. However, the negation or limitation is inoperative to the extent that the negation or limitation is unreasonable or that such construction is unreasonable. A negation or limitation is unreasonable if:


a. The disclaimer is not conspicuous, written, and apart from the warranty, in words which clearly and specifically inform the buyer that the seller assumes no risk, liability, or responsibility for the material facts stated concerning the work of fine art. Words of general disclaimer are not sufficient to negate or limit an express warranty.


b. The work of fine art is proved to be a counterfeit and this was not clearly indicated in the description of the work.


c. The information provided is proved to be, as of the date of sale or exchange, false, mistaken, or erroneous.


5. This section shall apply to an art merchant selling or exchanging a multiple who furnishes the buyer with the name of the artist and any other information including, but not limited to, whether the multiple is a limited edition, a proof, or signed. The warranty provided under this subsection shall include sales to buyers who are art merchants.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 49, § 2.


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


I.C.A. § 715B.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 715B. Protection of Buyers of Fine Art and Visual Art Multiples (Refs & Annos)

715B.3. Falsifying certificates of authenticity or false representation--penalty


A person who makes, alters, or issues a certificate of authenticity or any similar written instrument for a work of fine art or multiple attesting to material facts about the work which are not true, or who makes representations regarding a work of fine art or a multiple attesting to material facts about the work which are not true, with intent to defraud, deceive, or injure another is guilty, upon conviction, of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 49, § 3.


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


I.C.A. § 715B.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 715B. Protection of Buyers of Fine Art and Visual Art Multiples (Refs & Annos)

715B.4. Remedies to buyer


1. An art merchant who sells a work of fine art or a multiple to a buyer under a warranty attesting to facts about the work which are not true is liable to the buyer to whom the work was sold.


a. If the warranty was untrue through no fault of the art merchant, the merchant's liability is the consideration paid by the buyer upon return of the work in substantially the same condition in which it was received by the buyer.


b. If the warranty is untrue and the buyer is able to establish that the art merchant failed to make reasonable inquiries according to the custom and the usage of the trade to confirm the warranted facts about the work, or that the warranted facts would have been found to be untrue if reasonable inquiries had been made, the merchant's liability is the consideration paid by the buyer with interest from the time of the payment at the rate prescribed by section 535.3 upon the return of the work in substantially the same condition in which it was received by the buyer.


c. If the warranty is untrue and the buyer is able to establish that the art merchant knowingly provided false information on the warranty or willfully and falsely disclaimed knowledge of information relating to the warranty, the merchant is liable to the buyer in an amount equal to three times the amount provided in paragraph “b”.


This remedy shall not bar or be deemed inconsistent with a claim for damages or with the exercise of additional remedies otherwise available to the buyer.


2. In an action to enforce this section, the court may allow a prevailing buyer the costs of the action together with reasonable attorneys' and expert witnesses' fees. If the court determines that an action to enforce this section was brought in bad faith, the court may allow those expenses to the art merchant that it deems appropriate.


3. An action to enforce any liability under this section shall be brought within the time period prescribed for such actions under section 614.1.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 49, § 4.


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


I.C.A. T. XVI, Subt. 1, Ch. 715C, 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 715C. Personal Information Security Breach Protection



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


I.C.A. § 715C.1


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 715C. Personal Information Security Breach Protection (Refs & Annos)

715C.1. Definitions


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


1. “Breach of security” means unauthorized acquisition of personal information maintained in computerized form by a person that compromises the security, confidentiality, or integrity of the personal information. Good faith acquisition of personal information by a person or that person's employee or agent for a legitimate purpose of that person is not a breach of security, provided that the personal information is not used in violation of applicable law or in a manner that harms or poses an actual threat to the security, confidentiality, or integrity of the personal information.


2. “Consumer” means an individual who is a resident of this state.


3. “Consumer reporting agency” means the same as defined by the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a.


4. “Debt” means the same as provided in section 537.7102.


5. “Encryption” means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key.


6. “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes.


7. “Financial institution” means the same as defined in section 536C.2, subsection 6.


8. “Identity theft” means the same as provided in section 715A.8.


9. “Payment card” means the same as defined in section 715A.10, subsection 3, paragraph “b”.


10. “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.


11. “Personal information” means an individual's first name or first initial and last name in combination with any one or more of the following data elements that relate to the individual if any of the data elements are not encrypted, redacted, or otherwise altered by any method or technology in such a manner that the name or data elements are unreadable:


a. Social security number.


b. Driver's license number or other unique identification number created or collected by a government body.


c. Financial account number, credit card number, or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account.


d. Unique electronic identifier or routing code, in combination with any required security code, access code, or password that would permit access to an individual's financial account.


e. Unique biometric data, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data.


“Personal information” does not include information that is lawfully obtained from publicly available sources, or from federal, state, or local government records lawfully made available to the general public.


12. “Redacted” means altered or truncated so that no more than five digits of a social security number or the last four digits of other numbers designated in section 715A.8, subsection 1, paragraph “a”, are accessible as part of the data.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1154, S.F. 2308, § 1.


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


I.C.A. § 715C.2


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 715C. Personal Information Security Breach Protection (Refs & Annos)

715C.2. Security breach--consumer notification--remedies


1. Any person who owns or licenses computerized data that includes a consumer's personal information that is used in the course of the person's business, vocation, occupation, or volunteer activities and that was subject to a breach of security shall give notice of the breach of security following discovery of such breach of security, or receipt of notification under subsection 2, to any consumer whose personal information was included in the information that was breached. The consumer notification shall be made in the most expeditious manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection 3, and consistent with any measures necessary to sufficiently determine contact information for the affected consumers, determine the scope of the breach, and restore the reasonable integrity, security, and confidentiality of the data.


2. Any person who maintains or otherwise possesses personal information on behalf of another person shall notify the owner or licensor of the information of any breach of security immediately following discovery of such breach of security if a consumer's personal information was included in the information that was breached.


3. The consumer notification requirements of this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation and the agency has made a written request that the notification be delayed. The notification required by this section shall be made after the law enforcement agency determines that the notification will not compromise the investigation and notifies the person required to give notice in writing.


4. For purposes of this section, notification to the consumer may be provided by one of the following methods:


a. Written notice to the last available address the person has in the person's records.


b. Electronic notice if the person's customary method of communication with the consumer is by electronic means or is consistent with the provisions regarding electronic records and signatures set forth in chapter 554D and the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001.


c. Substitute notice, if the person demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, that the affected class of consumers to be notified exceeds three hundred fifty thousand persons, or if the person does not have sufficient contact information to provide notice. Substitute notice shall consist of the following:


(1) Electronic mail notice when the person has an electronic mail address for the affected consumers.


(2) Conspicuous posting of the notice or a link to the notice on the internet website of the person if the person maintains an internet website.


(3) Notification to major statewide media.


5. Notice pursuant to this section shall include, at a minimum, all of the following:


a. A description of the breach of security.


b. The approximate date of the breach of security.


c. The type of personal information obtained as a result of the breach of security.


d. Contact information for consumer reporting agencies.


e. Advice to the consumer to report suspected incidents of identity theft to local law enforcement or the attorney general.


6. Notwithstanding subsection 1, notification is not required if, after an appropriate investigation or after consultation with the relevant federal, state, or local agencies responsible for law enforcement, the person determined that no reasonable likelihood of financial harm to the consumers whose personal information has been acquired has resulted or will result from the breach. Such a determination must be documented in writing and the documentation must be maintained for five years.


7. This section does not apply to any of the following:


a. A person who complies with notification requirements or breach of security procedures that provide greater protection to personal information and at least as thorough disclosure requirements than that provided by this section pursuant to the rules, regulations, procedures, guidance, or guidelines established by the person's primary or functional federal regulator.


b. A person who complies with a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breach of security or personal information than that provided by this section.


c. A person who is subject to and complies with regulations promulgated pursuant to Title V of the Gramm-Leach-Bliley Act of 1999, 15 U.S.C. § 6801 - 6809.


8. a. A violation of this chapter is an unlawful practice pursuant to section 714.16 and, in addition to the remedies provided to the attorney general pursuant to section 714.16, subsection 7, the attorney general may seek and obtain an order that a party held to violate this section pay damages to the attorney general on behalf of a person injured by the violation.


b. The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under the law.


CREDIT(S)


Added by Acts 2008 (82 G.A.) ch. 1154, S.F. 2308, § 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. 716, 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 716. Damage and Trespass to Property



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


I.C.A. § 716.1


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 716. Damage and Trespass to Property (Refs & Annos)

716.1. Criminal mischief defined


Any damage, defacing, alteration, or destruction of property is criminal mischief when done intentionally by one who has no right to so act.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1601, eff. Jan. 1, 1978. Amended by Acts 2002 (79 G.A.) ch. 1049, § 1.


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


I.C.A. § 716.2


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 716. Damage and Trespass to Property (Refs & Annos)

716.2. Multiple acts


Whenever criminal mischief is committed upon more than one item of property at approximately the same location or time period, so that all of these acts of mischief can be attributed to a single scheme, plan or conspiracy, such acts shall be considered as a single act of criminal mischief.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1602, eff. Jan. 1, 1978.


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


I.C.A. § 716.3


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 716. Damage and Trespass to Property (Refs & Annos)

716.3. Criminal mischief in the first degree


Criminal mischief is criminal mischief in the first degree if the cost of replacing, repairing, or restoring the property so damaged, defaced, altered, or destroyed is more than ten thousand dollars, or if such acts are intended to or do in fact cause a substantial interruption or impairment of service rendered to the public by a gas, electric, steam or waterworks corporation, telephone or telegraph corporation, common carrier, or a public utility operated by a municipality. Criminal mischief in the first degree is a class “C” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1603, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 8.


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


I.C.A. § 716.4


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 716. Damage and Trespass to Property (Refs & Annos)

716.4. Criminal mischief in the second degree


Criminal mischief is criminal mischief in the second degree if the cost of replacing, repairing, or restoring the property so damaged, defaced, altered, or destroyed exceeds one thousand dollars but does not exceed ten thousand dollars. Criminal mischief in the second degree is a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1604, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1060, § 9.


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


I.C.A. § 716.5


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 716. Damage and Trespass to Property (Refs & Annos)

716.5. Criminal mischief in the third degree


1. Criminal mischief is criminal mischief in the third degree if any of the following apply:


a. The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds five hundred dollars, but does not exceed one thousand dollars.


b. The property is a deed, will, commercial paper or any civil or criminal process or other instrument having legal effect.


c. The act consists of rendering substantially less effective than before any light, signal, obstruction, barricade, or guard which has been placed or erected for the purpose of enclosing any unsafe or dangerous place or of alerting persons to an unsafe or dangerous condition.


d. The person intentionally disinters human remains from a burial site without lawful authority.


e. The person intentionally disinters human remains that have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the United States without the permission of the state archaeologist.


2. Criminal mischief in the third degree is an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1605, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1029, § 50; Acts 1983 (70 G.A.) ch. 99, § 1; Acts 1992 (74 G.A.) ch. 1060, § 10; Acts 2009 (83 G.A.) ch. 41, S.F. 446, § 169.


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


I.C.A. § 716.6


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 716. Damage and Trespass to Property (Refs & Annos)

716.6. Criminal mischief in the fourth and fifth degrees


1. a. Criminal mischief is criminal mischief in the fourth degree if any of the following apply:


(1) The cost of replacing, repairing, or restoring the property so damaged, defaced, altered, or destroyed exceeds two hundred dollars, but does not exceed five hundred dollars.


(2) The person intentionally injures, destroys, disturbs, or removes any monument, as defined in section 355.1, placed on any tract of land, street, or highway, designating any point, course, or line on the boundary of the tract of land, street, or highway, if the monument was placed at such location by a land surveyor licensed under chapter 542B, or by any person directed by a licensed land surveyor. A governmental entity and employees of such an entity are exempt from prosecution under this subparagraph for projects performed pursuant to section 314.8. A licensed land surveyor and persons under the direction of a licensed land surveyor are also exempt from prosecution under this subparagraph for removing an existing monument in order to place an upgraded or more suitable monument in the same location.


(3) The person intentionally injures, destroys, disturbs, or removes any monument that has been established by the national geodetic survey, Iowa geodetic survey, or any county geographic information system for use in the determination of spatial location relative to the specified Iowa state plane coordinate system or precise elevation datum. A governmental entity and employees of such an entity are exempt from prosecution under this subparagraph for projects performed pursuant to section 314.8.


b. Criminal mischief in the fourth degree is a serious misdemeanor.


2. All criminal mischief which is not criminal mischief in the first degree, second degree, third degree, or fourth degree is criminal mischief in the fifth degree. Criminal mischief in the fifth degree is a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1606, eff. Jan. 1, 1978. Amended by Acts 1983 (70 G.A.) ch. 99, § 2; Acts 1992 (74 G.A.) ch. 1060, § 11; Acts 1999 (78 G.A.) ch. 153, § 14; Acts 2009 (83 G.A.) ch. 41, S.F. 446, § 260; Acts 2010 (83 G.A.) ch. 1130, H.F. 2473, § 1.


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


I.C.A. § 716.6A


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 716. Damage and Trespass to Property (Refs & Annos)

716.6A. Criminal mischief in violation of individual rights


A violation of sections 716.5 and 716.6, which is also a hate crime as defined in section 729A.2, shall be classified and punished as an offense one degree higher than the underlying offense.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 5.


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


I.C.A. § 716.6B


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 716. Damage and Trespass to Property (Refs & Annos)

716.6B. Unauthorized computer access-penalties-civil cause of action


1. A person who knowingly and without authorization accesses a computer, computer system, or computer network commits the following:


a. An aggravated misdemeanor if computer data is accessed that contains a confidential record, as defined in section 22.7, operational or support data of a public utility, as defined in section 476.1, operational or support data of a rural water district incorporated pursuant to chapter 357A or 504, operational or support data of a municipal utility organized pursuant to chapter 388 or 389, operational or support data of a public airport, or a trade secret, as defined in section 550.2.


b. A serious misdemeanor if computer data is copied, altered, or deleted.


c. A simple misdemeanor for any access which is not an aggravated or serious misdemeanor.


2. The prosecuting attorney or an aggrieved person may institute civil proceedings against any person in district court seeking relief from conduct constituting a violation of this section or to prevent, restrain, or remedy such a violation.


CREDIT(S)


Added by Acts 2000 (78 G.A.) ch. 1201, § 11. Amended by Acts 2002 (79 G.A.) ch. 1049, § 2; Acts 2003 (80 G.A.) ch. 75, § 1; Acts 2004 (80 G.A.) ch. 1049, § 191; Acts 2004 (80 G.A.) ch. 1175, § 393.


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


I.C.A. § 716.7


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 716. Damage and Trespass to Property (Refs & Annos)

716.7. Trespass defined


1. The term “property” shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.


2. The term “trespass” shall mean one or more of the following acts:


a. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This paragraph does not prohibit the unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the game or fur-bearing animal which comes to rest on or escapes to the property of another.


b. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.


c. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.


d. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.


e. Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering on to the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.


f. Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This paragraph does not apply to passage over public utility right-of-way by a person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.


3. The term “trespass” shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This subsection does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering.


4. The term “trespass” does not mean the entering upon the right-of-way of a public road or highway.


5. a. For purposes of this section, “railway property” means all tangible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation.


b. For purposes of this section, “railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state.


6. For purposes of this section, “public utility property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure owned, leased, or operated by a public utility and that is completely enclosed by a physical barrier of any kind. For the purposes of this section, a “public utility” is a public utility as defined in section 476.1 or an electric transmission line as provided in chapter 478.


7. This section shall not apply to the following persons:


a. Representatives of the state department of transportation, the federal railroad administration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties.


b. Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.


c. Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot.


d. Representatives of the Iowa utilities board, the federal energy regulatory commission, or the federal communications commission who enter or remain upon or in public utility property while engaged in the performance of official duties.


e. Employees of a public utility who enter or remain upon or in public utility property while acting in the course of employment.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1607, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 20, eff. Jan. 1, 1978; Acts 1981 (69 G.A.) ch. 205, § 1; Acts 1988 (72 G.A.) ch. 1212, § 1; Acts 1998 (77 G.A.) ch. 1067, §§ 1, 2; Acts 2007 (82 G.A.) ch. 28, S.F. 78, § 20; Acts 2011 (84 G.A.) ch. 51, H.F. 299, §§ 2 to 5.


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


I.C.A. § 716.8


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 716. Damage and Trespass to Property (Refs & Annos)

716.8. Penalties


1. Any person who knowingly trespasses upon the property of another commits a simple misdemeanor.


2. Any person committing a trespass as defined in section 716.7, other than a trespass as defined in section 716.7, subsection 2, paragraph “f”, which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.


3. A person who knowingly trespasses on the property of another with the intent to commit a hate crime, as defined in section 729A.2, commits a serious misdemeanor.


4. A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.


5. A person who commits a trespass while hunting deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor. The person shall also be subject to civil penalties as provided in sections 481A.130 and 481A.131. A deer taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12.


6. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “f”, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1608, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1157, § 6; Acts 1999 (78 G.A.) ch. 153, §§ 15, 16; Acts 2007 (82 G.A.) ch. 28, S.F. 78, § 21; Acts 2008 (82 G.A.) ch. 1161, H.F. 2612, § 21; Acts 2011 (84 G.A.) ch. 51, H.F. 299, §§ 6, 7.


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


I.C.A. § 716.9


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 716. Damage and Trespass to Property (Refs & Annos)

716.9. Stowing away


A person commits the simple misdemeanor offense of stowing away when, without lawful authority or the consent of a railway corporation, the person does either of the following:


1. Rides on the outside of a train or train component.


2. Rides on the inside of a train or train component which is not a passenger car.


CREDIT(S)


Added by Acts 1998 (77 G.A.) ch. 1067, § 3.


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


I.C.A. § 716.10


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 716. Damage and Trespass to Property (Refs & Annos)

716.10. Railroad vandalism


1. A person commits railroad vandalism when the person does any of the following:


a. Shoots, fires, or otherwise discharges a firearm or other device at a train or train component.


b. Launches, releases, propels, casts, or directs a projectile, missile, or other device at a train or train component.


c. Intentionally throws or drops an object on or onto a train or train component.


d. Intentionally places or drops an object on or onto a railroad track.


e. Without the consent of the railway corporation, takes, removes, defaces, alters, or obscures any of the following:


(1) A railroad signal.


(2) A train control system.


(3) A train dispatching system.


(4) A warning signal.


(5) A highway-railroad grade crossing signal or gate.


(6) A railroad sign, placard, or marker.


f. Without the consent of the railway corporation, removes parts or appurtenances from, damages, impairs, disables, interferes with the operation of, or renders inoperable any of the following:


(1) A railroad signal.


(2) A train control system.


(3) A train dispatching system.


(4) A warning signal.


(5) A highway-railroad grade crossing signal or gate.


(6) A railroad sign, placard, or marker.


g. Without the consent of the railway corporation, taking, removing, disabling, tampering, changing, or altering a part or component of any operating mechanism or safety device of any train or train component.


h. Without the consent of the railway corporation, takes, removes, tampers, changes, alters, or interferes with any of the following:


(1) A railroad roadbed.


(2) A railroad rail.


(3) A railroad tie.


(4) A railroad frog.


(5) A railroad sleeper.


(6) A railroad switch.


(7) A railroad viaduct.


(8) A railroad bridge.


(9) A railroad trestle.


(10) A railroad culvert.


(11) A railroad embankment.


(12) Any other structure or appliance which pertains or is appurtenant to a railroad.


2. a. A person commits railroad vandalism in the first degree if the person intentionally commits railroad vandalism which results in the death of any person. Railroad vandalism in the first degree is a class “B” felony. However, notwithstanding section 902.9, subsection 2, the maximum sentence for a person convicted under this section shall be a period of confinement of not more than fifty years.


b. A person commits railroad vandalism in the second degree if the person intentionally commits railroad vandalism which results in serious injury to any person. Railroad vandalism in the second degree is a class “B” felony.


c. A person commits railroad vandalism in the third degree if the person intentionally commits railroad vandalism which results in bodily injury to any person or results in property damage which costs more than ten thousand dollars to replace, repair, or restore. Railroad vandalism in the third degree is a class “C” felony.


d. A person commits railroad vandalism in the fourth degree if the person intentionally commits railroad vandalism which results in property damage which costs ten thousand dollars or less but more than one thousand dollars to replace, repair, or restore. Railroad vandalism in the fourth degree is a class “D” felony.


e. A person commits railroad vandalism in the fifth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than five hundred dollars but does not exceed one thousand dollars to replace, repair, or restore. Railroad vandalism in the fifth degree is an aggravated misdemeanor.


f. A person commits railroad vandalism in the sixth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than one hundred dollars but does not exceed five hundred dollars to replace, repair, or restore. Railroad vandalism in the sixth degree is a serious misdemeanor.


g. A person commits railroad vandalism in the seventh degree if the person intentionally commits railroad vandalism which results in property damage which costs one hundred dollars or less to replace, repair, or restore. Railroad vandalism in the seventh degree is a simple misdemeanor.


3. For purposes of this section, “railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within the state.


For purposes of this section, “train component” means any locomotive, engine, tender, railroad car, passenger car, freight car, box car, tank car, hopper car, flatbed, container, work equipment, rail-mounted equipment, or any other railroad rolling stock.


For purposes of this section, “train” means a series of two or more train components which are coupled together in a line.


CREDIT(S)


Added by Acts 1998 (77 G.A.) ch. 1067, § 4.


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


I.C.A. § 716.11


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.12


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.13


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.14


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.15


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.16


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.17


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.18


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. § 716.19


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 716. Damage and Trespass to Property (Refs & Annos)

716.11 to 716.19. 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. 716A, 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 716A. Electronic Mail



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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.1. Definitions


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


1. “Computer” means the same as defined in section 702.1A.


2. “Computer data” means the same as defined in section 702.1A.


3. “Computer network” means the same as defined in section 702.1A.


4. “Computer operation” means arithmetic, logical, monitoring, storage, or retrieval functions, or any combination thereof, and includes, but is not limited to, communication with, storage of data to, or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. “Computer operation” for a particular computer may also mean any function for which the computer was generally designed.


5. “Computer program” means an ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.


6. “Computer services” means computer time or services, including data processing services, internet services, electronic mail services, electronic message services, or information or data stored in connection therewith.


7. “Computer software” means a set of computer programs, procedures, and associated documentation concerned with computer data or with computer operation, a computer program, or a computer network.


8. “Electronic mail service provider” means a person who does either of the following:


a. Is an intermediary in sending or receiving electronic mail.


b. Provides to end users of electronic mail services the ability to send or receive electronic mail.


9. “Encryption” means the enciphering of intelligible data into unintelligible form or the deciphering of unintelligible data into intelligible form.


10. “Owner” means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, a computer program, or computer software.


11. “Person” means the same as defined in section 4.1.


12. “Property” means all of the following:


a. Real property.


b. Computers, computer equipment, computer networks, and computer services.


c. Financial instruments, computer data, computer programs, computer software, and all other personal property regardless of whether they are any of the following:


(1) Tangible or intangible.


(2) In a format readable by humans or by a computer.


(3) In transit between computers or within a computer network or between any devices which comprise a computer.


(4) Located on any paper or in any device on which it is stored by a computer or by a person.


13. “Uses” means, when referring to a computer or computer network, causing or attempting to cause any of the following:


a. A computer or computer network to perform or to stop performing computer operations.


b. The withholding or denial of the use of a computer, computer network, computer program, computer data, or computer software to another user.


c. A person to put false information into a computer.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 1.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.2. Transmission of unsolicited bulk electronic mail--criminal penalties


1. A person who does any of the following is guilty of an aggravated misdemeanor:


a. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.


b. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute computer software that does any of the following:


(1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information.


(2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information.


(3) Is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.


2. A person is guilty of a class “D” felony for committing a violation of subsection 1 when either of the following apply:


a. The volume of unsolicited bulk electronic mail transmitted exceeds ten thousand attempted recipients in any twenty-four-hour period, one hundred thousand attempted recipients in any thirty-day time period, or one million attempted recipients in any twelve-month time period.


b. The revenue generated from a specific unsolicited bulk electronic mail transmission exceeds one thousand dollars or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider by the person exceeds fifty thousand dollars.


3. A person is guilty of a class “D” felony if the person knowingly hires, employs, uses, or permits a person less than eighteen years of age to assist in the transmission of unsolicited bulk electronic mail in violation of subsection 2.


4. Transmission of electronic mail from an organization to a member of the organization shall not be a violation of this section.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 2.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.3. Sale or offer for direct sale of prescription drugs--criminal penalties


1. The retail sale or offer of direct retail sale of a prescription drug, as defined in section 155A.3, through the use of electronic mail or the internet by a person other than a licensed pharmacist, physician, dentist, optometrist, podiatric physician, or veterinarian is prohibited. A person who violates this subsection is guilty of a simple misdemeanor.


2. A person who knowingly sells an adulterated or misbranded drug through the use of electronic mail or the internet is guilty of a class “D” felony. However, if the death of a person occurs as the result of consuming a drug, as defined in section 155A.3, sold in violation of this section, the violation is a class “B” felony.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 3.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.4. Use of encryption--criminal penalty


A person who willfully uses encryption to further a violation of this chapter is guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as an aggravated misdemeanor.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 4.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.5. Venue for criminal violations


For the purpose of venue, a violation of this chapter shall be considered to have been committed in any county in which any of the following apply:


1. An act was performed in furtherance of any course of conduct which violated this chapter.


2. The owner has a place of business in the state.


3. An offender has control or possession of any proceeds of the violation, or of any books, records, documents, property, financial instrument, computer software, computer program, computer data, or other material or objects used in furtherance of the violation.


4. Access to a computer or computer network was made by wires, electromagnetic waves, microwaves, or any other means of communication.


5. The offender resides.


6. A computer which is an object or an instrument of the violation is located at the time of the alleged offense.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 5.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.6. Civil relief--damages


1. A person who is injured by a violation of this chapter may bring a civil action seeking relief from a person whose conduct violated this chapter and recover any damages incurred including loss of profits, attorney fees, and court costs.


2. A person who is injured by the transmission of unsolicited bulk electronic mail in violation of this chapter may elect, in lieu of actual damages, to recover either of the following:


a. The lesser of ten dollars for each unsolicited bulk electronic mail message transmitted in violation of this chapter, or twenty-five thousand dollars per day the messages are transmitted by the violator.


b. One dollar for each intended recipient of an unsolicited bulk electronic mail message where the intended recipient is an end user of the electronic mail service provider, or twenty-five thousand dollars for each day an attempt is made to transmit an unsolicited bulk electronic mail message to an end user of the electronic mail service provider.


3. a. A violation of this chapter is a violation of section 714.16, subsection 2, paragraph “a”. All the powers conferred upon the attorney general to accomplish the objectives and carry out the duties prescribed pursuant to section 714.16 are also conferred upon the attorney general to enforce this chapter, including, but not limited to, the power to issue subpoenas, adopt rules which shall have the force of law, and seek injunctive relief and civil penalties.


b. In seeking reimbursement pursuant to section 714.16, subsection 7, from a person who has committed a violation of this chapter, the attorney general may seek an order from the court that the person pay to the attorney general on behalf of consumers the amounts for which the person would be liable under subsection 1 or 2, for each consumer who has a cause of action pursuant to this section. Section 714.16, as it relates to consumer reimbursement, shall apply to consumer reimbursement pursuant to this section.


4. At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person, and to protect any trade secrets of any party and in such a way as to protect the privacy of nonparties who complain about violations pursuant to this section.


5. This section shall not be construed to limit a person's right to pursue any additional civil remedy otherwise allowed by law.


6. An action brought pursuant to this section shall be commenced before the earlier of five years after the last act in the course of conduct constituting a violation of this chapter or two years after the injured person discovers or reasonably should have discovered the last act in the course of conduct constituting a violation of this chapter.


7. Personal jurisdiction may be exercised over any person who engages in any conduct in this state governed by this chapter.


8. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 6.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.7. Forfeitures for violations of chapter


All property, including all income or proceeds earned but not yet received from a third party as a result of a violation of this chapter, used in connection with a violation of this chapter, known by the owner thereof to have been used in violation of this chapter, shall be subject to seizure and forfeiture pursuant to chapter 809A.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 123, H.F. 610, § 7.


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. § 716A.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 716A. Electronic Mail (Refs & Annos)

716A.8 to 716A.16. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 17


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


I.C.A. T. XVI, Subt. 1, Ch. 716B, 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 716B. Hazardous Waste Offenses



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


I.C.A. § 716B.1


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 716B. Hazardous Waste Offenses (Refs & Annos)

716B.1. Definitions


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


1. “Department” means the department of natural resources.


2. “Disposal” or “dispose” means disposal as defined in section 455B.411, subsection 1.


3. “Hazardous waste” means a hazardous waste as defined in section 455B.411, subsection 3, or a hazardous substance as defined in 42 U.S.C. § 9601, or a hazardous substance as designated by regulations adopted by the administrator of the United States environmental protection agency pursuant to 42 U.S.C. § 9602.


4. “Person” means an agency of the state or federal government, a municipality, governmental subdivision, interstate body, public or private corporation, individual, partnership, or other entity, and includes an officer, or governing or managing body of a municipality, governmental subdivision, interstate body, or public or private corporation.


5. “Storage” or “store” means the containment of a hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.


6. “Treatment” or “treat” means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of a hazardous waste so as to neutralize the waste or to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or to reduce the waste in volume. “Treatment” includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render the waste nonhazardous.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1080, § 3. Amended by Acts 2011 (84 G.A.) ch. 9, S.F. 299, § 9.


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


I.C.A. § 716B.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 716B. Hazardous Waste Offenses (Refs & Annos)

716B.2. Unlawful disposal of hazardous waste--penalties


A person who knowingly or with reason to know, disposes of hazardous waste or arranges for or allows the disposal of hazardous waste at any location other than one authorized by the department or the United States environmental protection agency, or in violation of any material term or condition of a hazardous waste facility permit, is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1080, § 4.


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


I.C.A. § 716B.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 716B. Hazardous Waste Offenses (Refs & Annos)

716B.3. Unlawful transportation of hazardous waste--penalties


A person who knowingly or with reason to know, transports or causes to be transported any hazardous waste to any location other than a facility that is authorized to receive, treat, store, or dispose of the hazardous waste under rules adopted pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 -- 6992, is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1080, § 5. Amended by Acts 1995 (76 G.A.) ch. 49, § 24.


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


I.C.A. § 716B.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 716B. Hazardous Waste Offenses (Refs & Annos)

716B.4. Unlawful storage or treatment of hazardous waste--penalties


A person who knowingly or with reason to know, treats or stores hazardous waste without a permit issued pursuant to 42 U.S.C. § 6925 or § 6926 is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1080, § 6.


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


I.C.A. § 716B.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 716B. Hazardous Waste Offenses (Refs & Annos)

716B.5. Enforcement


The attorney general or the county attorney for the county in which a violation occurs is responsible for enforcement of this chapter.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1080, § 7.


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


I.C.A. T. XVI, Subt. 1, Ch. 717, 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 717. Injury to Livestock



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


I.C.A. § 717.1


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 717. Injury to Livestock (Refs & Annos)

717.1. Definitions


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


1. “Department” means the department of agriculture and land stewardship.


2. “Electronic mail” means any message transmitted through the internet including but not limited to messages transmitted from or to any address affiliated with an internet site.


3. “Law enforcement officer” means a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state.


4. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus; farm deer as defined in section 170.1; or poultry.


5. “Livestock care provider” means a person designated by a local authority to provide care to livestock which is rescued by the local authority pursuant to section 717.2A.


6. “Local authority” means a city as defined in section 362.2 or a county as provided in chapter 331.


7. “Maintenance” means to provide on-site or off-site care to neglected livestock.


8. “Sustenance” means food, water, or a nutritional formulation customarily used in the production of livestock.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1701, eff. Jan. 1, 1978. Amended by Acts 1994 (75 G.A.) ch. 1103, § 7; Acts 1995 (76 G.A.) ch. 43, § 14; Acts 1995 (76 G.A.) ch. 134, § 6; Acts 2003 (80 G.A.) ch. 149, § 21, eff. May 23, 2003; Acts 2011 (84 G.A.) ch. 81, S.F. 478, § 5.


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


I.C.A. § 717.1A


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 717. Injury to Livestock (Refs & Annos)

717.1A. Livestock abuse


A person is guilty of livestock abuse if the person intentionally injures or destroys livestock owned by another person, in any manner, including, but not limited to, intentionally doing any of the following: administering drugs or poisons to the livestock, or disabling the livestock by using a firearm or trap. A person guilty of livestock abuse commits an aggravated misdemeanor. This section shall not apply to any of the following:


1. A person acting with the consent of the person owning the livestock, unless the action constitutes livestock neglect as provided in section 717.2.


2. A person acting to carry out an order issued by a court.


3. A licensed veterinarian practicing veterinary medicine as provided in chapter 169.


4. A person acting in order to carry out another provision of law which allows the conduct.


5. A person reasonably acting to protect the person's property from damage caused by estray livestock.


6. A person reasonably acting to protect a person from injury or death caused by estray livestock.


7. A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 8. Amended by Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 17.


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


I.C.A. § 717.2


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 717. Injury to Livestock (Refs & Annos)

717.2. Livestock neglect


1. A person who impounds or confines livestock, in any place, and does any of the following commits the offense of livestock neglect:


a. Fails to provide livestock with care consistent with customary animal husbandry practices.


b. Deprives livestock of necessary sustenance.


c. Injures or destroys livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.


2. A person who commits the offense of livestock neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of livestock neglect which results in serious injury to or the death of livestock is guilty of a serious misdemeanor. However, a person shall not be guilty of more than one offense of livestock neglect punishable as a serious misdemeanor, when care or sustenance is not provided to multiple head of livestock during any period of uninterrupted neglect.


3. This section does not apply to a research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1702, eff. Jan. 1, 1978. Amended by Acts 1986 (71 G.A.) ch. 1121, § 3; Acts 1987 (72 G.A.) ch. 179, § 1; Acts 1994 (75 G.A.) ch. 1103, § 9; Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 18.


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


I.C.A. § 717.2A


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 717. Injury to Livestock (Refs & Annos)

717.2A. Rescue of neglected livestock


1. a. A law enforcement officer may rescue livestock neglected as provided in section 717.2 on public or private property, as provided in this subsection.


b. The officer may enter onto property of a person to rescue neglected livestock if the officer obtains a search warrant issued by a court, or enters onto the premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.


c. Livestock neglected as provided in section 717.2 may be rescued pursuant to the following conditions:


(1) If a criminal proceeding has not been commenced against the person owning or caring for the livestock, the following shall apply:


(a) The local authority shall receive a written statement from a veterinarian licensed pursuant to chapter 169, providing that, in the veterinarian's opinion, the livestock is neglected.


(b) The local authority shall provide written notice to the person owning or caring for the livestock by delivery at the last known address of the person. The local authority shall deliver the notice by certified mail or make a good faith effort to personally deliver the notice to the person owning or caring for the livestock. The notice shall include all of the following:


(i) The name and address of the local authority.


(ii) A description of the livestock subject to rescue.


(iii) A statement informing the person that the livestock may be rescued pursuant to this chapter within one day following receipt of the notice by the person. The statement must specify a date, time, and a location for delivery of the response designated by the local authority, as provided in this subsection.


(iv) A statement informing the person that in order to avoid rescue of the livestock, the person must respond to the notice in writing signed by a veterinarian licensed pursuant to chapter 169. The veterinarian must state that, in the opinion of the veterinarian, the livestock is not neglected, or the person is taking immediate measures required to rehabilitate the livestock.


(c) A law enforcement officer may rescue the livestock, if the local authority fails to receive a written response by the person owning or caring for the livestock by the end of normal office hours of the next day that the local authority is available to receive the response at the offices of the local authority. However, if the local authority is not available to receive a response at its offices, the local authority may designate another location in the county to receive the response.


(2) If a criminal proceeding has been commenced against the person owning or caring for the livestock, the local authority must receive a written statement from a veterinarian licensed pursuant to chapter 169, providing that, in the veterinarian's opinion, the livestock is neglected.


(3) Regardless of whether a criminal proceeding has commenced, the local authority may immediately rescue livestock without providing notice as otherwise required in this section. However, the local authority must receive a written statement from a veterinarian licensed pursuant to chapter 169, providing that in the veterinarian's opinion, the livestock is neglected. In order to rescue the livestock, the local authority must determine that the livestock has been abandoned or that no person is able or willing to care for the livestock, and the livestock is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.


2. If livestock is rescued pursuant to this section, the local authority shall post a notice in a conspicuous place at the location where the livestock was rescued. The notice shall state that the livestock has been rescued by the local authority pursuant to this section. The local authority shall provide for the maintenance of the neglected livestock. The local authority may contract with a livestock care provider for the maintenance of the neglected livestock. The local authority shall pay the livestock care provider for the livestock's maintenance regardless of proceeds received from the sale of the livestock or any reimbursement ordered by a court, pursuant to section 717.5.


3. The livestock shall be subject to disposition pursuant to section 717.5.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 10.


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


I.C.A. § 717.3


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 717. Injury to Livestock (Refs & Annos)

717.3. Livestock in immediate need of sustenance--court order


1. This section applies only to livestock which are cattle, sheep, swine, or poultry.


2. For purposes of this section, “interested person” means all of the following:


a. An owner of the livestock.


b. A person caring for the livestock, if different from the owner of the livestock.


c. A person holding a perfected agricultural lien or security interest in the livestock under chapter 554.


3. The department may determine that some or all of the livestock kept by a person are in immediate need of sustenance. Upon making the determination the department may file a petition with a district court in a county where some or all of the livestock are kept requesting the court to issue an order to provide sustenance of the livestock. The petition may be made separately or with a petition filed pursuant to section 717.5. The petition must at least include all of the following:


a. A statement signed by a veterinarian licensed pursuant to chapter 169 stating that the livestock are in immediate need of sustenance.


b. The address of each location where the livestock are kept.


c. A brief description of the livestock.


d. The name and address of each interested person, if known.


e. The name and address of each qualified person appointed by the department to provide sustenance to the livestock.


4. Upon receiving the petition, the court may do any of the following:


a. Notify any interested person that the petition has been filed with the court. The notification must be made in writing and may be delivered by ordinary, certified, or restricted certified mail by United States postal service; delivered by a common carrier; or transmitted by electronic mail.


b. Hold a hearing to determine whether the livestock are in immediate need of sustenance.


5. If the court determines that the livestock are in immediate need of sustenance, the court shall issue an order which at least declares all of the following:


a. That the livestock are in immediate need of sustenance.


b. That the department shall assume supervision of and provide for the sustenance of the livestock as provided in section 717.4.


c. That a lien is created attaching to the livestock and associated proceeds and products as provided in section 717.4.


6. The department shall assume supervision of the livestock as provided in the court order. The department may directly provide for the sustenance of the livestock or appoint a qualified person to provide for such sustenance.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 81, S.F. 478, § 6. Amended by Acts 2011 (84 G.A.) ch. 131, S.F. 533, § 74, eff. July 27, 2011, retroactive to July 1, 2011.


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


I.C.A. § 717.4


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 717. Injury to Livestock (Refs & Annos)

717.4. Livestock in immediate need of sustenance--lien


1. This section applies to a lien created by a court order entered pursuant to section 717.3 or 717.5. The court-ordered lien is an agricultural lien subject to chapter 554 except as otherwise provided in this section.


2. The court-ordered lien shall be for the benefit of the department. The amount of the lien shall not be more than for expenses incurred in providing sustenance to the livestock pursuant to section 717.3 and providing for the disposition of the livestock pursuant to section 717.5.


3. The court-ordered lien shall attach to the livestock, identifiable proceeds from the disposition of the livestock, and products from the livestock in the products' unmanufactured states.


4. The court-ordered lien becomes effective on the date that the court order is entered. To perfect the lien, the department must file a financing statement in the office of the secretary of state as provided in sections 554.9308 and 554.9310 on or after but not later than twenty days after the effective date of the lien. For purposes of chapter 554, article 9, the department is a secured party; the owner of the livestock is a debtor; and the livestock and associated proceeds and products as provided in subsection 3 are the collateral.


5. The court-ordered lien that is perfected under this section is superior to and shall have priority over a conflicting lien or security interest in the livestock and associated proceeds and products as provided in subsection 3, including a lien or security interest that was perfected prior to the perfection of the court-ordered lien.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 81, S.F. 478, § 7. Amended by Acts 2011 (84 G.A.) ch. 131, S.F. 533, § 75, eff. July 27, 2011, retroactive to July 1, 2011.


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


I.C.A. § 717.4A


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 717. Injury to Livestock (Refs & Annos)

717.4A. Livestock in immediate need of sustenance--livestock remediation fund


The department may utilize the moneys deposited into the livestock remediation fund pursuant to section 459.501 to pay for any expenses associated with providing sustenance to or the disposition of the livestock pursuant to a court order entered pursuant to section 717.3 or 717.5. The department shall utilize moneys from the fund only to the extent that the department determines that expenses cannot be timely paid by utilizing the available provisions of sections 717.4 and 717.5. The department shall deposit any unexpended and unobligated moneys in the fund. The department shall pay to the fund the proceeds from the disposition of the livestock and associated products less expenses incurred by the department in providing for the sustenance and disposition of the livestock, as provided in section 717.5.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 81, S.F. 478, § 8. Amended by Acts 2011 (84 G.A.) ch. 131, S.F. 533, § 76, eff. July 27, 2011, retroactive to July 1, 2011.


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


I.C.A. § 717.5


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 717. Injury to Livestock (Refs & Annos)

717.5. Disposition of neglected livestock


1. a. A court shall order the disposition of livestock neglected as provided in section 717.2 or livestock in immediate need of sustenance and associated products as provided in sections 717.3 and 717.4 in accordance with this section.


(1) A petition may be filed by a local authority or a person owning or caring for the livestock pursuant to section 717.2.


(2) A petition may be filed by the department. The court shall notify interested persons in the same manner as provided in section 717.3. The petition may be filed separately or with a petition filed pursuant to section 717.3.


b. The matter shall be heard by the court within ten days from the filing of the petition.


(1) For livestock alleged to be neglected under section 717.2, the court may continue the hearing for up to forty days upon petition by the person. However, the person shall post a bond or other security with the local authority in an amount determined by the court, which shall not be more than the amount sufficient to provide for the maintenance of the livestock for forty days. The court may grant a subsequent continuance by the person for the same length of time if the person submits a new bond or security.


(2) For livestock alleged to be in immediate need of sustenance under section 717.3, the court may continue the hearing for up to forty days upon petition by the department. The department may file and the court may grant one or more subsequent continuances each for up to forty days. The department is not required to post a bond or other security.


c. Notwithstanding paragraph “b”, the court shall order the immediate disposition of livestock if the livestock is permanently distressed by disease or injury to a degree that would result in severe or prolonged suffering.


2. The hearing to determine if livestock has been neglected under section 717.2 for purposes of disposition shall be a civil proceeding. If the case is related to a criminal proceeding under section 717.2, the disposition shall not be part of that proceeding and shall not be considered a criminal penalty imposed on a person found in violation of section 717.2.


3. A court may order a person owning the livestock neglected under section 717.2 or in immediate need of sustenance under section 717.3 to pay an amount associated with expenses associated with the livestock as follows:


a. (1) For livestock neglected under section 717.2, the amount shall not be more than for expenses incurred by the local authority in maintaining and disposing of the neglected livestock rescued pursuant to section 717.2A, and reasonable attorney fees and expenses related to the investigation of the case. The remaining amount of a bond or other security posted pursuant to subsection 1 shall be used to reimburse the local authority.


(2) For livestock in immediate need of sustenance under section 717.3, the amount shall not be more than for expenses incurred by the department in providing sustenance to and disposing of the neglected livestock as provided in section 717.3 and this section. The amount paid to the department shall be sufficient to allow the department to repay the livestock remediation fund as provided in section 459.501.


b. If more than one person has a divisible ownership interest in the livestock, the amount required to be paid shall be prorated based on the percentage of interest in the livestock owned by each person. The moneys shall be paid to the local authority or department incurring the expense as provided in paragraph “a”. The amount shall be subtracted from proceeds owed to the owner or owners of the livestock, which are received from the sale of the livestock ordered by the court.


c. (1) Moneys owed to the local authority from the sale of neglected livestock that have been rescued by a local authority pursuant to section 717.2A shall be paid to the local authority before satisfying indebtedness secured by any security interest in or lien on the livestock. Moneys owed to the department from the sale of livestock in immediate need of sustenance and associated products shall be paid to the department according to its priority status as a lienholder as provided in section 717.4.


(2) If an owner of the livestock is a landowner, the local authority may submit an amount of the moneys owed to the clerk of the county board of supervisors who shall report the amount to the county treasurer. The amount shall equal the balance remaining after the sale of the livestock. If the livestock owner owns a percentage of the livestock, the reported amount shall equal the remaining balance owed by all landowners who own a percentage of the livestock. That amount shall be prorated among the landowners based on the percentage of interest in the livestock attributable to each landowner. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. The county shall reimburse a city within thirty days from the collection of the property taxes.


4. Neglected livestock ordered to be destroyed shall be destroyed only by a humane method, including euthanasia as defined in section 162.2.


CREDIT(S)


Added by Acts 1986 (71 G.A.) ch. 1121, § 4. Amended by Acts 1994 (75 G.A.) ch. 1103, § 11; Acts 2011 (84 G.A.) ch. 81, S.F. 478, § 9; Acts 2012 (84 G.A.) ch. 1023, S.F. 2203, § 86.


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


I.C.A. § 717.6


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 717. Injury to Livestock (Refs & Annos)

717.6. Rulemaking


The department may adopt rules pursuant to chapter 17A as required to implement and administer sections 717.3 through 717.5.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 81, S.F. 478, § 10.


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


I.C.A. § 717.7


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 717. Injury to Livestock (Refs & Annos)

717.7. 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. 717A, 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 717A. Offenses Relating to Agricultural Production



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


I.C.A. § 717A.1


Effective: March 2, 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 717A. Offenses Relating to Agricultural Production (Refs & Annos)

717A.1. Definitions


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


1. “Agricultural animal” means any of the following:


a. An animal that is maintained for its parts or products having commercial value, including but not limited to its muscle tissue, organs, fat, blood, manure, bones, milk, wool, hide, pelt, feathers, eggs, semen, embryos, or honey.


b. An animal belonging to the equine species, including horse, pony, mule, jenny, donkey, or hinny.


2. “Agricultural production” means any activity related to maintaining an agricultural animal at an animal facility or a crop on crop operation property.


3. “Agricultural production facility” means an animal facility as defined in subsection 5, paragraph “a”, or a crop operation property.


4. “Animal” means a warm-blooded or cold-blooded animal, including but not limited to an animal belonging to the bovine, canine, feline, equine, ovine, or porcine species; farm deer as defined in section 189A.2; ostriches, rheas, or emus; an animal which belongs to a species of poultry or fish; mink or other pelt-bearing mammals; any invertebrate; or honey bees.


5. “Animal facility” means any of the following:


a. A location where an agricultural animal is maintained for agricultural production purposes, including but not limited to a location dedicated to farming as defined in section 9H.1, a livestock market, exhibition, or a vehicle used to transport the animal.


b. A location where an animal is maintained for educational or scientific purposes, including a research facility as defined in section 162.2, an exhibition, or a vehicle used to transport the animal.


c. A location operated by a person licensed to practice veterinary medicine pursuant to chapter 169.


d. A pound as defined in section 162.2.


e. An animal shelter as defined in section 162.2.


f. A pet shop as defined in section 162.2.


g. A boarding kennel as defined in section 162.2.


h. A commercial kennel as defined in section 162.2.


6. “Consent” means express or apparent assent by a person authorized to provide such assent.


7. a. “Crop” means any plant maintained for its parts or products having commercial value, including but not limited to stalks, trunks and branches, cuttings, grafts, scions, leaves, buds, fruit, vegetables, roots, bulbs, or seeds, if the plant is any of the following:


(1) A plant produced from an agricultural seed or vegetable seed as defined in section 199.1, including any plant producing a commodity listed in section 210.10.


(2) A plant which is a tree, shrub, vine, berry plant, greenhouse plant, or flower.


b. A plant produced from a noxious weed seed as defined in section 199.1 is not a crop unless the plant is produced as a research crop.


8. “Crop operation” means a commercial enterprise where a crop is maintained on the property of the commercial enterprise.


9. “Crop operation property” means any of the following:


a. Real property that is a crop field, orchard, nursery, greenhouse, garden, elevator, seedhouse, barn, warehouse, any other associated land or structures located on the land, and personal property located on the land including machinery or equipment, that is part of a crop operation.


b. A vehicle used to transport a crop that was maintained on the crop operation property.


10. “Deprive” means to do any of the following:


a. For an animal maintained at an animal facility or property belonging to an animal facility, “deprive” means to do any of the following:


(1) Withhold the animal or property for a period of time sufficient to significantly reduce the value or enjoyment of the animal or property.


(2) Withhold the animal or property for ransom or upon condition to restore the animal or property in return for compensation.


(3) Dispose of the animal or property in a manner that makes recovery of the animal or property by its owner unlikely.


b. For crops maintained on crop operation property or for crop operation property, “deprive” means to do any of the following:


(1) Occupy any part of a crop operation property for a period of time sufficient to prevent access to the crop or crop operation property.


(2) Dispose of a crop maintained on the crop operation property or belonging to the crop operation in a manner that makes recovery of the crop or crop operation property by its owner unlikely.


11. “Maintain” means to do any of the following:


a. Keep and provide for the care and feeding of any animal, including any activity relating to confining, handling, breeding, transporting, or exhibiting the animal.


b. Keep and preserve any crop by planting, nurturing, harvesting, and storing the crop; or storing, planting, or nurturing the crop's seed.


12. “Owner” means any of the following:


a. A person, including a public or private entity, who has a legal interest in an animal or property belonging to an animal facility or who is authorized by the holder of the legal interest to act on the holder's behalf in maintaining the animal.


b. A person, including a public or private entity, who has a legal interest in a crop or crop operation property or who is authorized by the holder of the legal interest to act on the holder's behalf in maintaining the crop.


13. “Research crop” means a crop, including the crop's seed, that is maintained for purposes of scientific research regarding the study or alteration of the genetic characteristics of a plant or associated seed, including its deoxyribonucleic acid, which is accomplished by breeding or by using biotechnological systems or techniques.


CREDIT(S)


Added by Acts 2001 (79 G.A.) ch. 120, § 1. Amended by Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 19; Acts 2012 (84 G.A.) ch. 1005, H.F. 589, § 1, eff. March 2, 2012.


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


I.C.A. § 717A.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 717A. Offenses Relating to Agricultural Production (Refs & Annos)

717A.2. Animal facilities--civil action--criminal penalties


1. A person shall not, without the consent of the owner, do any of the following:


a. Willfully destroy property of an animal facility, or kill or injure an animal maintained at an animal facility, including by an act of violence or the transmission of a disease including but not limited to any disease designated by the department of agriculture and land stewardship pursuant to section 163.2.


b. Exercise control over an animal facility including property of the animal facility, or an animal maintained at an animal facility, with intent to deprive the animal facility of an animal or property.


c. Enter onto or into an animal facility, or remain on or in an animal facility, if the person has notice that the facility is not open to the public, if the person has an intent to do one of the following:


(1) Disrupt operations conducted at the animal facility, if the operations directly relate to agricultural production, animal maintenance, educational or scientific purposes, or veterinary care.


(2) Kill or injure an animal maintained at the animal facility.


A person has notice that an animal facility is not open to the public if the person is provided notice before entering onto or into the facility, or the person refuses to immediately depart from the facility after being informed to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders or contain animals, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is forbidden.


2. A person suffering damages resulting from an action which is in violation of subsection 1 may bring an action in the district court against the person causing the damage to recover all of the following:


a. An amount equaling three times all actual and consequential damages.


b. Court costs and reasonable attorney fees.


3. A person violating this section is guilty of the following:


a. A person who violates subsection 1, paragraph “a”, is guilty of a class “C” felony if the injury to or death of an animal or damage to property exceeds ten thousand dollars, a class “D” felony if the injury to or death of an animal or damage to property exceeds one thousand dollars but does not exceed ten thousand dollars, an aggravated misdemeanor if the injury to or death of an animal or damage to property exceeds one hundred dollars but does not exceed one thousand dollars, a serious misdemeanor if the injury to or death of an animal or damage to property exceeds fifty dollars but does not exceed one hundred dollars, or a simple misdemeanor if the injury to or death of an animal or damage to property does not exceed fifty dollars.


b. A person who violates subsection 1, paragraph “b”, is guilty of a class “D” felony.


c. A person who violates subsection 1, paragraph “c”, is guilty of an aggravated misdemeanor.


4. a. This section does not prohibit any conduct of a person holding a legal interest in an animal or property which is superior to the interest held by a person suffering from damages resulting from the conduct.


b. This section does not apply to a governmental agency that is taking lawful action against an animal or animal facility.


c. This section does not apply to a licensed veterinarian practicing veterinary medicine as provided in chapter 169 and according to customary standards of care.


CREDIT(S)


Transferred from § 717A.1 by the Code Editor for Code 2003. Amended by Acts 2003 (80 G.A.) ch. 44, § 106; Acts 2004 (80 G.A.) ch. 1142, § 1; Acts 2005 (81 G.A.) ch. 3, S.F. 113, § 110.


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


I.C.A. § 717A.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 717A. Offenses Relating to Agricultural Production (Refs & Annos)

717A.3. Crops or crop operation property damage--civil action--criminal penalties


1. A person shall not, without the consent of the owner, do any of the following:


a. Willfully destroy or damage a crop maintained on crop operation property or crop operation property.


b. Exercise control over a crop maintained on crop operation property or crop operation property with an intent to deprive the owner of the crop or crop operation property.


c. Enter onto or remain on crop operation property if the person has notice that the property is not open to the public, and the person has an intent to do one of the following:


(1) Disrupt agricultural production conducted on the crop operation property if the agricultural production directly relates to the maintenance of crops. A person is presumed to intend disruption if the person moves, removes, or defaces any sign posted on the crop operation property or label used by the owner and the sign or label identifies a crop maintained on the crop operation property.


(2) Destroy or damage a crop or any portion of a crop maintained on the crop operation property.


A person has notice that a crop operation property is not open to the public if the person is provided notice prohibiting entry before the person enters onto the crop operation property, or the person refuses to immediately depart from the crop operation property after being notified to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is prohibited.


2. a. A person suffering damages resulting from an act which is in violation of this section may bring an action in the district court against the person causing the damage to recover all of the following:


(1) For damages that are not to a research crop, an amount equaling three times all actual and consequential losses.


(2) For damages to a research crop, all of the following:


(a) Twice the amount of damages directly incurred by market losses, based on the lost market value of the research crop due to the damage, assuming that the research crop would have matured undamaged and been sold in normal commercial channels. If the research crop has no market value, the damages shall be twice the amount of actual damages incurred in producing, harvesting, and storing the damaged research crop.


(b) Twice the amount of damages directly incurred by developmental losses, based on the losses associated with the research crop's expected scientific value. The research crop's scientific value shall be determined by calculating the amount expended in developing the research crop, including costs associated with researching, testing, breeding, or engineering. However, such damages shall not be awarded to the extent that the losses are mitigated by undamaged research crops that have been identically developed.


b. A prevailing plaintiff in an action brought under this section shall be awarded court costs and reasonable attorney fees, which shall be taxed as part of the costs of the action.


3. A person who violates this section as it applies to a research crop or crop operation property where a research crop is maintained is guilty of the following:


a. For a violation of subsection 1, paragraph “a”, the person is guilty of criminal mischief as provided in section 716.1, and commits the same class of offense as provided in sections 716.3 through 716.6 based on the amount of damage to the research crop or crop operation property where the research crop is maintained.


b. For a violation of subsection 1, paragraph “b”, the person is guilty of a class “D” felony.


c. For a violation of subsection 1, paragraph “c”, the person is guilty of an aggravated misdemeanor.


4. A person who violates this section as it applies to a crop other than a research crop or crop operation property where a research crop is not maintained is guilty of the following:


a. For a violation of subsection 1, paragraph “a”, the person is guilty of criminal mischief as provided in section 716.1, and commits the same class of offense as provided in sections 716.3 through 716.6 based on the amount of damage to the crop or crop operation property where the crop is maintained.


b. For a violation of subsection 1, paragraph “b”, the person is guilty of an aggravated misdemeanor.


c. For a violation of subsection 1, paragraph “c”, the person is guilty of a serious misdemeanor.


5. a. This section does not prohibit any conduct of a person holding a legal interest in a crop operation that is superior to the interest held by a person suffering from damages resulting from the conduct.


b. This section does not apply to a governmental agency that is taking lawful action against a crop or crop operation property.


CREDIT(S)


Added by Acts 2001 (79 G.A.) ch. 120, § 6.


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


I.C.A. § 717A.3A


Effective: March 2, 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 717A. Offenses Relating to Agricultural Production (Refs & Annos)

717A.3A. Agricultural production facility fraud


1. A person is guilty of agricultural production facility fraud if the person willfully does any of the following:


a. Obtains access to an agricultural production facility by false pretenses.


b. Makes a false statement or representation as part of an application or agreement to be employed at an agricultural production facility, if the person knows the statement to be false, and makes the statement with an intent to commit an act not authorized by the owner of the agricultural production facility, knowing that the act is not authorized.


2. A person who commits agricultural production facility fraud under subsection 1 is guilty of the following:


a. For the first conviction, a serious misdemeanor.


b. For a second or subsequent conviction, an aggravated misdemeanor.


3. a. A person who conspires to commit agricultural production facility fraud under subsection 1 is subject to the provisions of chapter 706. A person who aids and abets in the commission of agricultural production facility fraud under subsection 1 is subject to the provisions of chapter 703. When two or more persons, acting in concert, knowingly participate in committing agricultural production facility fraud under subsection 1, each person is responsible for the acts of the other person as provided in section 703.2. A person who has knowledge that agricultural production facility fraud under subsection 1 has been committed and that a certain person committed it, and who does not stand in the relation of husband or wife to the person committing the agricultural production facility fraud under subsection 1, and who harbors, aids, or conceals the person committing the agricultural production facility fraud under subsection 1, with the intent to prevent the apprehension of the person committing the agricultural production facility fraud under subsection 1, is subject to section 703.3.


b. A trial information or an indictment relating to agricultural production facility fraud under subsection 1 need not contain allegations of vicarious liability as provided in chapter 703.


CREDIT(S)


Added by Acts 2012 (84 G.A.) ch. 1005, H.F. 589, § 2, eff. March 2, 2012.


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


I.C.A. § 717A.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 717A. Offenses Relating to Agricultural Production (Refs & Annos)

717A.4. Use of pathogens to threaten animals and crops--penalty


1. Except as provided in subsection 2, a person shall not willfully possess, transport, or transfer a pathogen with an intent to threaten the health of an animal or crop.


a. For animals, a pathogen restricted under this section shall be limited to a biological agent or toxin listed in 9 C.F.R. § 121.2(b), as that list exists on January 1, 2004.


b. For crops, a pathogen restricted under this section shall be limited to a biological agent or toxin listed in 7 C.F.R. § 331.3, as that list exists on January 1, 2004.


2. This section does not apply to a person who possesses, transports, or distributes a pathogen in compliance with federal law, including but not limited to as provided in 9 C.F.R. pt. 121 or 7 C.F.R. pt. 331.


3. A person who violates this section is guilty of a class “B” felony.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1142, § 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. 717B, 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 717B. Injury to Animals Other Than Livestock



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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.1. Definitions


As used in this chapter:


1. “Animal” means a nonhuman vertebrate. However, “animal” does not include any of the following:


a. Livestock, as defined in section 717.1.


b. Any game, fur-bearing animal, fish, reptile, or amphibian, as defined in section 481A.1, unless a person owns, confines, or controls the game, fur-bearing animal, fish, reptile, or amphibian.


c. Any nongame species declared to be a nuisance pursuant to section 481A.42.


2. “Animal care provider” means a person designated by a local authority to provide care to an animal which is rescued by the local authority pursuant to section 717B.5.


3. Unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.


4. “Dispositional expenses” means expenses incurred by a local authority in rescuing an animal as provided in section 717B.5, maintaining the animal until the conclusion of a dispositional proceeding as provided in section 717B.4, or disposing of the animal as provided in section 717B.4.


5. “Law enforcement officer” means a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and dedication of crime and the enforcement of the criminal laws of this state.


6. “Local authority” means a city as defined in section 362.2 or a county as provided in chapter 331.


7. “Maintenance” means to provide on-site or off-site care to neglected animals.


8. “Responsible party” means a person who owns or maintains an animal.


9. “Threatened animal” means an animal that is abused as provided in section 717B.2, neglected as provided in section 717B.3, or tortured as provided in section 717B.3A.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 12. Amended by Acts 2000 (78 G.A.) ch. 1148, § 1; Acts 2002 (79 G.A.) ch. 1119, §§ 200, 201; Acts 2002 (79 G.A.) ch. 1119, § 201; Acts 2002 (79 G.A.) ch. 1130, § 2.


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


I.C.A. § 717B.2


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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.2. Animal abuse


A person is guilty of animal abuse if the person intentionally injures, maims, disfigures, or destroys an animal owned by another person, in any manner, including intentionally poisoning the animal. A person guilty of animal abuse is guilty of an aggravated misdemeanor. This section shall not apply to any of the following:


1. A person acting with the consent of the person owning the animal, unless the action constitutes animal neglect as provided in section 717B.3.


2. A person acting to carry out an order issued by a court.


3. A licensed veterinarian practicing veterinary medicine as provided in chapter 169.


4. A person acting in order to carry out another provision of law which allows the conduct.


5. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.


6. A person acting to protect the person's property from a wild animal as defined in section 481A.1.


7. A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.


8. A person reasonably acting to protect the person's property from damage caused by an unconfined animal.


9. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.


10. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.


11. A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 13. Amended by Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 20.


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


I.C.A. § 717B.3


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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.3. Animal neglect


1. A person who impounds or confines, in any place, an animal is guilty of animal neglect, if the person does any of the following: fails to supply the animal during confinement with a sufficient quantity of food or water; fails to provide a confined dog or cat with adequate shelter; or tortures, deprives of necessary sustenance, mutilates, beats, or kills an animal by any means which causes unjustified pain, distress, or suffering.


2. This section does not apply to a research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.


3. A person who negligently or intentionally commits the offense of animal neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of animal neglect which results in serious injury to or the death of an animal is guilty of a serious misdemeanor.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 14. Amended by Acts 1995 (76 G.A.) ch. 49, § 25; Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 21.


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


I.C.A. § 717B.3A


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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.3A. Animal torture


1. A person is guilty of animal torture, regardless of whether the person is the owner of the animal, if the person inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death.


2. This section shall not apply to any of the following:


a. A person acting to carry out an order issued by a court.


b. A licensed veterinarian practicing veterinary medicine as provided in chapter 169.


c. A person carrying out a practice that is consistent with animal husbandry practices.


d. A person acting in order to carry out another provision of law which allows the conduct.


e. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.


f. A person acting to protect the person's property from a wild animal as defined in section 481A.1.


g. A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.


h. A person reasonably acting to protect the person's property from damage caused by an unconfined animal.


i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.


j. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.


k. A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.


3. a. The following shall apply to a person who commits animal torture:


(1) For the first conviction, the person is guilty of an aggravated misdemeanor. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the evaluation and treatment shall be paid by the person. In addition, the sentencing order shall provide that the person complete a community work requirement, which may include a work requirement performed at an animal shelter or pound, as defined in section 162.2, according to terms required by the court.


(2) For a second or subsequent conviction, the person is guilty of a class “D” felony. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the psychological evaluation and treatment shall be paid by the person.


b. The juvenile court shall have exclusive original jurisdiction in a proceeding concerning a child who is alleged to have committed animal torture, in the manner provided in section 232.8. The juvenile court shall not waive jurisdiction in a proceeding concerning an offense alleged to have been committed by a child under the age of seventeen.


CREDIT(S)


Added by Acts 2000 (78 G.A.) ch. 1152, § 3. Amended by Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 22.


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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.4. Dispositional proceedings


1. Upon a petition brought by a local authority, a court in the county where an animal is maintained by a responsible party or a local authority shall determine if the animal is a threatened animal and order its disposition after a hearing.


a. The matter shall be heard within ten days from the filing of the petition for disposition by the local authority.


b. If the animal has been rescued, the court may order that the animal be placed under the custody of the local authority and maintained in the same manner as a rescued animal under section 717B.5.


c. The court may continue the hearing for up to thirty days upon petition by the responsible party. However, the court shall not grant a continuance unless the animal is maintained by the local authority. The responsible party must post a bond or other security with the local authority as a condition of the continuance. The amount of the bond or other security shall be determined by the court, which shall not be more than the amount sufficient to provide maintenance of the animal for thirty days. The court may grant a subsequent continuance upon petition by the responsible party. The continuance shall be for not more than thirty days. The responsible party must post a new bond or security as a condition of the subsequent continuance in the same manner as the original bond or security or as otherwise ordered by the court. However, the court shall order the immediate disposition of the animal if the animal is permanently distressed by disease or injury to a degree that would result in severe or prolonged suffering.


2. The hearing to determine if the animal is a threatened animal for purposes of disposition shall be a civil proceeding. If the case is related to a criminal proceeding, the disposition shall not be part of that proceeding and shall not be considered a criminal penalty imposed on a person found in violation of this chapter.


3. If the court determines that an animal is not a threatened animal, the court shall order that the animal be returned to the custody of the responsible party. If the court determines that an animal is a threatened animal, the court shall order the local authority to dispose of the threatened animal in any manner deemed appropriate for the welfare of the animal. In addition, all of the following apply:


a. The court may order the responsible party to pay an amount which shall not be more than the dispositional expenses incurred by the local authority. The court may also award the local authority court costs, reasonable attorney fees and expenses related to the investigation and prosecution of the case, which shall be taxed as part of the costs of the action.


b. If a bond or other security was posted as a condition for a continuance of a disposition hearing as provided in this section, the local authority may use the posted amount to offset the local authority's dispositional expenses.


c. If any moneys are realized from the disposition of a threatened animal, the moneys shall be used to offset the local authority's dispositional expenses before satisfying indebtedness secured by any security interest in or lien on the threatened animal.


d. If the threatened animal is owned by more than one responsible party, the amount required to offset the local authority's dispositional expenses shall be prorated among the responsible parties based on the percentage of interest owned in the threatened animal attributable to the responsible parties as the threatened animal's titleholders. For purposes of this paragraph, a responsible party who does not own an interest in the threatened animal shall be deemed to be an owner holding a percentage interest in the animal equal to the largest percentage interest held by a landowner who is attributed an interest as the threatened animal's titleholder. If the responsible party is a landowner, the local authority may submit the amount to reimburse the local authority for its dispositional expenses to the clerk of the county board of supervisors who shall report the amount to the county treasurer. If the threatened animal is owned by more than one landowner, the amount shall be prorated among the landowners based on the percentage of interest owned in the threatened animal attributable to each landowner as the animal's titleholders. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. The county shall reimburse a city within thirty days from the collection of the property taxes.


4. A threatened animal that is ordered by a court to be destroyed under this section shall be destroyed only by euthanasia as defined in section 162.2.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 15. Amended by Acts 2002 (79 G.A.) ch. 1130, § 3.


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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.5. Rescue of threatened animals


A local authority may provide for the rescue of an animal as follows:


1. The rescue must be made by a law enforcement officer having cause to believe that the animal is a threatened animal after consulting with a veterinarian licensed pursuant to chapter 169. The law enforcement officer may rescue the animal by entering on public or private property, as provided in this subsection. The officer may enter onto property of a person to rescue the animal if the officer obtains a search warrant issued by a court, or enters onto the premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.


2. If an animal is rescued pursuant to this section, the local authority shall provide for the maintenance of the animal. The local authority may contract with an animal care provider for the maintenance of the animal. The local authority shall provide the responsible party for the animal with notice of the rescue. The notice may be accomplished by doing any of the following:


a. Delivering written notice to the responsible party's last known address by the United States postal service or personal service.


b. Posting a notice in a conspicuous place at the location where the animal was rescued.


The notice shall state that the animal has been rescued by the local authority pursuant to this section.


3. Within ten days after the date that an animal is rescued, the local authority shall initiate a dispositional proceeding pursuant to section 717B.4.


4. The local authority shall pay the animal care provider for the animal's maintenance regardless of proceeds received from the disposition of the animal or any reimbursement ordered by a court, pursuant to section 717B.4.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 16. Amended by Acts 2002 (79 G.A.) ch. 1130, § 4.


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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.6. Destruction and disposition of wild animals


A person may humanely destroy a wild animal as defined in section 481A.1, if the wild animal is permanently distressed by injury or disease to a degree that results in severe and prolonged suffering. The destroyed animal shall be subject to disposition as provided by rules adopted by the natural resource commission pursuant to chapter 17A.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 17.


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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.7. Repealed by Acts 2002 (79 G.A.) ch. 1130, § 10


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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.8. Abandonment of cats and dogs--penalties


A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound as defined in section 162.2. A person who violates this section is guilty of a simple misdemeanor.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 19.


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


I.C.A. § 717B.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 717B. Injury to Animals Other Than Livestock (Refs & Annos)

717B.9. Injury or interference with a police service dog


1. A person who knowingly, and willfully or maliciously torments, strikes, administers a nonpoisonous desensitizing substance to, or otherwise interferes with a police service dog, without inflicting serious injury on the dog, commits a serious misdemeanor.


2. A person who knowingly, and willfully or maliciously does any of the following commits a class “D” felony:


a. Tortures a police service dog.


b. Injures, so as to disfigure or disable, a police service dog.


c. Sets a booby trap device for purposes of injuring, so as to disfigure or disable, or killing a police service dog.


d. Pays or agrees to pay a bounty for purposes of injury, so as to disfigure or disable, or killing a police service dog.


e. Kills a police service dog.


f. Administers poison to a police service dog.


3. As used in this section, “police service dog” means a dog used by a peace officer or correctional officer in the performance of the officer's duties, whether or not the dog is on duty.


4. This section does not apply to a peace officer or veterinarian who terminates the life of such a dog for the purpose of relieving the dog of undue pain or suffering, or to a person who justifiably acts in defense of self or another.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1103, § 20. Amended by Acts 1995 (76 G.A.) ch. 107, § 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. 717C, 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 717C. Bestiality



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


I.C.A. § 717C.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 717C. Bestiality (Refs & Annos)

717C.1. Bestiality


1. For purposes of this section:


a. “Animal” means any nonhuman vertebrate, either dead or alive.


b. “Sex act” means any sexual contact between a person and an animal by penetration of the penis into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other.


2. A person who performs a sex act with an animal is guilty of an aggravated misdemeanor.


3. Upon a conviction for a violation of this section, and in addition to any sentence authorized by law, the court shall require the person to submit to a psychological evaluation and treatment at the person's expense.


CREDIT(S)


Added by Acts 2001 (79 G.A.) ch. 131, § 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. 717D, 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 717D. Animal Contest Events



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


I.C.A. § 717D.1


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 717D. Animal Contest Events (Refs & Annos)

717D.1. Definitions


As used in this chapter:


1. “Animal” means a nonhuman vertebrate.


2. “Contest device” means equipment designed to enhance an animal's entertainment value during training or a contest event, including a device to improve the contest animal's competitiveness. A contest device includes but is not limited to an implement designed to be attached in place of a natural spur of a cock or other fighting bird in order to enhance the bird's fighting ability, and which is commonly referred to as a spur or gaff.


3. “Contest event” means a function organized for the entertainment or profit of spectators where an animal is injured, tormented, or killed, including but not limited to a bull involved in a bullfight or bull baiting, a bear involved in bear baiting, a chicken involved in cock fighting, or a dog involved in dog fighting.


4. “Establishment” means the location where a contest event occurs or is to occur, regardless of whether an animal is present at the establishment or the contest animal is witnessed by means of an electronic signal transmitted to the location.


5. “Livestock” means the same as defined in section 717.1.


6. “Local authority” means the same as defined in section 717B.1.


7. “Promoter” means a person who charges admission for entry into an establishment or organizes, holds, advertises, or otherwise conducts a contest event.


8. “Spectator” means a person who attends an establishment knowingly to watch or observe a contest event.


9. “Trainer” means a person who trains an animal for purposes of engaging in a contest event, regardless of where the contest event is located. A trainer includes a person who uses a contest device.


10. “Transporter” means a person who moves an animal for delivery to a training location or a contest event location.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1130, § 5. Amended by Acts 2003 (80 G.A.) ch. 108, § 114; Acts 2004 (80 G.A.) ch. 1056, §§ 3, 4, eff. April 9, 2004; Acts 2008 (82 G.A.) ch. 1135, S.F. 2203, § 1.


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


I.C.A. § 717D.2


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 717D. Animal Contest Events (Refs & Annos)

717D.2. Prohibitions--contest events


A person shall not do any of the following:


1. Own or operate an establishment located in this state in which a contest event occurs or is to occur.


2. Act as a promoter of a contest event, regardless of whether the contest event occurs in this state or another state. For purposes of this subsection, a person who aids, abets, or assists in the promotion of a contest event shall be deemed to act as a promoter.


3. Possess or own an animal engaged or to be engaged in a contest event conducted in this state or another state.


4. Be a party to a commercial transaction for the transfer of an animal engaged or to be engaged in a contest event conducted in this state or another state, including but not limited to a transaction by purchase or sale, barter, trade, or an offer involving such a transaction.


5. Act as a trainer of an animal engaged or to be engaged in a contest event conducted in this state or another state. For purposes of this subsection, a person who aids, abets, or assists in the training of an animal engaged or to be engaged in a contest event shall be deemed to act as a trainer.


6. Possess, own, or manufacture a contest device.


7. Be a party to a commercial transaction for the transfer of a contest device, including but not limited to a transaction by purchase or sale, barter, trade, or an offer involving such a transaction.


8. Act as a transporter moving an animal engaged or to be engaged in a contest event in this state.


9. Gambling at a contest event conducted in this state, including but not limited to wagering on the outcome of a contest involving animals.


10. Act as a spectator of a contest event conducted in this state, regardless of whether the person paid admission to witness the contest event.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1130, § 6. Amended by Acts 2004 (80 G.A.) ch. 1056, §§ 5, 6, eff. April 9, 2004; Acts 2008 (82 G.A.) ch. 1135, S.F. 2203, § 2.


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


I.C.A. § 717D.3


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 717D. Animal Contest Events (Refs & Annos)

717D.3. Exceptions


1. This chapter does not apply to a function other than a contest event. A contest event does not involve any of the following events:


a. A race, including but not limited to a race regulated under chapter 99D.


b. A fair event as defined in section 174.1.


c. A rodeo or rodeo event.


d. A 4-H function.


e. A hunting or fishing party.


f. A field meet or trial in which the skill of dogs is demonstrated in pointing, retrieving, trailing, or chasing any game bird, game animal, or fur-bearing animal.


g. The raising or selling of game or fur-bearing animals as provided in chapter 481A.


2. This chapter shall not apply to any of the following:


a. An action to carry out an order issued by a court.


b. An action by a licensed veterinarian practicing veterinary medicine as provided in chapter 169.


c. An action that is consistent with animal husbandry practices.


d. An action allowed in order to carry out another provision of law which allows the action.


e. The taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.


f. An action to protect the person's property from a wild animal as defined in section 481A.1.


g. An action to protect a person from injury or death caused by a wild animal as defined in section 481A.1.


h. A person reasonably acting to protect the person's property from damage caused by an unconfined animal.


i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.


j. A local authority reasonably acting to destroy an animal if, at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.


k. A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1130, § 7. Amended by Acts 2004 (80 G.A.) ch. 1019, § 31; Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 23.


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


I.C.A. § 717D.4


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 717D. Animal Contest Events (Refs & Annos)

717D.4. Penalties


1. Except as provided in section 717D.2, subsection 10, a person who violates a provision of this chapter commits a class “D” felony.


2. A person who violates section 717D.2, subsection 10, by acting as a spectator of a contest event conducted in this state commits the following:


a. An aggravated misdemeanor for the first offense.


b. A class “D” felony for a second or subsequent offense.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1130, § 8. Amended by Acts 2004 (80 G.A.) ch. 1056, § 7, eff. April 9, 2004; Acts 2008 (82 G.A.) ch. 1135, S.F. 2203, § 3.


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


I.C.A. § 717D.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 717D. Animal Contest Events (Refs & Annos)

717D.5. Confiscation and disposition of animals


1. A local authority may confiscate an animal that is involved in a violation of section 717D.2. An animal that is livestock shall be considered neglected and may be rescued and disposed of as provided in section 717.5. An animal which is not livestock shall be considered threatened and rescued and disposed of as provided in section 717B.4.


2. If an animal that is involved in a violation of section 717D.2 is not rescued and disposed of pursuant to section 717.5 or 717B.4, it shall be forfeited to the state and subject to disposition as ordered by the court. In addition, the court shall order the owner of the animal to pay an amount which shall not be more than the expenses incurred in maintaining or disposing of the animal. The court may also order that the person pay reasonable attorney fees and expenses related to the investigation of the case that shall be taxed as other court costs. If more than one person has a divisible interest in the animal, the amount required to be paid shall be prorated based on the percentage of interest in the animal owned by each person. The moneys shall be paid to the local authority incurring the expense. The amount shall be subtracted from proceeds which are received from the sale of the animal ordered by the court.


CREDIT(S)


Added by Acts 2002 (79 G.A.) ch. 1130, § 9. Amended by Acts 2004 (80 G.A.) ch. 1056, § 8, eff. April 9, 2004.


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


I.C.A. T. XVI, Subt. 1, Ch. 717E, Refs and 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 717E. Pets as Prizes



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


I.C.A. § 717E.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 717E. Pets as Prizes (Refs & Annos)

717E.1. Definitions


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


1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag, or articulation.


2. “Business” means any enterprise relating to any of the following:


a. The sale or offer for sale of goods or services.


b. A recruitment for employment or membership in an organization.


c. A solicitation to make an investment.


d. An amusement or entertainment activity.


3. “Fair” means any of the following:


a. The annual fair and exposition held by the Iowa state fair board pursuant to chapter 173 or any fair event conducted by a fair under the provisions of chapter 174.


b. An exhibition of agricultural or manufactured products.


c. An event for operation of amusement rides or devices or concession booths.


4. “Game” means a game of chance or game of skill as defined in section 99B.1.


5. “Pet” means a living animal which is limited to a dog, cat, or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko, or iguana.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1109, § 1. Amended by Acts 2004 (80 G.A.) ch. 1175, § 391.


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


I.C.A. § 717E.2


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 717E. Pets as Prizes (Refs & Annos)

717E.2. Pet awards prohibited


A person is guilty of a simple misdemeanor if the person awards a pet or advertises that a pet may be awarded as any of the following:


1. A prize for participating in a game.


2. A prize for participating in a fair.


3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.


4. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care, or disposition of the pet.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1109, § 2. Amended by Acts 2006 (81 G.A.) ch. 1030, S.F. 2253, § 81.


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


I.C.A. § 717E.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 717E. Pets as Prizes (Refs & Annos)

717E.3. Exceptions


This chapter shall not apply to any of the following:


1. A pet shop licensed pursuant to section 162.5 if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.


2. Youth programs associated with 4-H clubs; future farmers of America; the Izaak Walton league of America; or organizations associated with outdoor recreation, hunting, or fishing including but not limited to the Iowa sportsmen's federation.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1109, § 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. 717F, 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 717F. Dangerous Wild Animals



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


I.C.A. § 717F.1


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.1. Definitions


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


1. “Agricultural animal” means an agricultural animal as defined in section 717A.1 other than swine which is a member of the species sus scrofa linnaeus, including but not limited to swine commonly known as Russian boar or European boar of either sex.


2. “Assistive animal” means the same as defined in section 216C.11.


3. a. “Circus” means a person who is all of the following:


(1) The holder of a class “C” license issued by the United States department of agriculture as provided in 9 C.F.R. pt. 2, subpt. A.


(2) Is temporarily in this state as an exhibitor as defined in 9 C.F.R. pt. 1, for purposes of providing skilled performances by dangerous wild animals, clowns, or acrobats for public entertainment.


b. “Circus” does not include a person, regardless of whether the person is a holder of a class “C” license as provided in paragraph “a”, who uses a dangerous wild animal for any of the following purposes:


(1) A presentation to children at a public or nonpublic school as defined in section 280.2.


(2) Entertainment that involves an activity in which a member of the public is in close proximity to the dangerous wild animal, including but not limited to a contest or a photographic opportunity.


4. “Custody” means to possess, control, keep, or harbor a dangerous wild animal in this state by a public agency.


5. a. “Dangerous wild animal” means any of the following:


(1) A member of the family canidae of the order carnivora, including but not limited to wolves, coyotes, and jackals. However, a dangerous wild animal does not include a domestic dog.


(2) A member of the family hyaenidae of the order of carnivora, including but not limited to hyenas.


(3) A member of the family felidae of the order carnivora, including but not limited to lions, tigers, cougars, leopards, cheetahs, ocelots, and servals. However, a dangerous wild animal does not include a domestic cat.


(4) A member of the family ursidae of the order carnivora, including bears and pandas.


(5) A member of the family rhinocero tidae order perissodactyla, which is a rhinoceros.


(6) A member of the order proboscidea, which are any species of elephant.


(7) A member of the order of primates other than humans, and including the following families: callitrichiadae, cebidae, cercopithecidae, cheirogaleidae, daubentoniidae, galagonidae, hominidae, hylobatidae, indridae, lemuridae, loridae, megaladapidae, or tarsiidae. A member includes but is not limited to marmosets, tamarins, monkeys, lemurs, galagos, bushbabies, great apes, gibbons, lesser apes, indris, sifakas, and tarsiers.


(8) A member of the order crocodilia, including but not limited to alligators, caimans, crocodiles, and gharials.


(9) A member of the order squamata which is any of the following:


(a) A member of the family varanidae, which are limited to water monitors and crocodile monitors.


(b) A member of the family atractaspidae, including but not limited to mole vipers and burrowing asps.


(c) A member of the family helodermatidae, including but not limited to beaded lizards and gila monsters.


(d) A member of the family elapidae, viperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes.


(e) A member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons.


(10) Swine which is a member of the species sus scrofa linnaeus, including but not limited to swine commonly known as Russian boar or European boar of either sex.


b. “Dangerous wild animal” includes an animal which is the offspring of an animal provided in paragraph “a”, and another animal provided in that paragraph or any other animal. It also includes animals which are the offspring of each subsequent generation. However, a dangerous wild animal does not include the offspring of a domestic dog and a wolf, or the offspring from each subsequent generation in which at least one parent is a domestic dog.


6. “Department” means the department of agriculture and land stewardship.


7. “Electronic identification device” means a device which when installed is designed to store information regarding an animal or the animal's owner in a digital format which may be accessed by a computer for purposes of reading or manipulating the information.


8. “Possess” means to own, keep, or control a dangerous wild animal, or supervise or provide for the care and feeding of a dangerous wild animal, including any activity relating to confining, handling, breeding, transporting, or exhibiting the dangerous wild animal.


9. “Public agency” means the same as defined in section 28E.2.


10. “Research facility” means any of the following:


a. A federal research facility as provided in 9 C.F.R. ch. I.


b. A research facility that is required to be registered by the United States department of agriculture pursuant to 9 C.F.R. ch. I.


c. A research facility which has been issued a certificate of registration by the department of agriculture and land stewardship as provided in sections 162.2A and 162.4A.


11. “Wildlife sanctuary” means an organization exempt from taxation pursuant to section 501(c) of the Internal Revenue Code [FN1] that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime, if all of the following apply:


a. The organization does not buy, sell, trade, auction, lease, loan, or breed any animal of which the organization is an owner.


b. The organization is accredited by the American sanctuary association, the association of sanctuaries, or another similar organization recognized by the department.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 1. Amended by Acts 2007 (82 G.A.) ch. 215, S.F. 601, §§ 118 to 120; Acts 2011 (84 G.A.) ch. 34, S.F. 475, § 147; Acts 2012 (84 G.A.) ch. 1021, S.F. 2285, §§ 113, 114.


[FN1] Internal Revenue Code sections are found in Title 26 of U.S.C.A.


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


I.C.A. § 717F.2


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.2. Rulemaking--chapter 28E agreements--assistance of animal warden


1. The department shall administer this chapter by doing all of the following:


a. Adopting rules as provided in chapter 17A for the administration and enforcement of this chapter.


b. Entering into agreements with public agencies pursuant to chapter 28E as the department determines necessary for the administration and enforcement of this chapter.


2. An animal warden as defined in section 162.2 shall assist the department in seizing and maintaining custody of dangerous wild animals.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 2.


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


I.C.A. § 717F.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 717F. Dangerous Wild Animals (Refs & Annos)

717F.3. Dangerous wild animals--prohibitions


Except as otherwise provided in this chapter, a person shall not do any of the following:


1. Own or possess a dangerous wild animal.


2. Cause or allow a dangerous wild animal owned by a person or in the person's possession to breed.


3. Transport a dangerous wild animal into this state.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 3.


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


I.C.A. § 717F.4


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.4. Owning or possessing dangerous wild animals on July 1, 2007


A person who owns or possesses a dangerous wild animal on July 1, 2007, may continue to own or possess the dangerous wild animal subject to all of the following:


1. The person must be eighteen years old or older.


2. a. The person must not have been convicted of an offense involving the abuse or neglect of an animal pursuant to a law of this state or another state, including but not limited to chapter 717, 717B, 717C, or 717D or an ordinance adopted by a city or county.


b. The department, another state, or the federal government must not have suspended an application for a permit or license or revoked a permit or license required to operate a commercial establishment for the care, breeding, or sale of animals, including as provided in chapter 162.


c. The person must not have been convicted of a felony for an offense committed within the last ten years, as provided by this Code, under the laws of another state, or under federal law.


d. The person must not have been convicted of a misdemeanor or felony for an offense committed within the last ten years involving a controlled substance as defined in section 124.101 in this state, under the laws of another state, or under federal law.


3. Within sixty days after July 1, 2007, the person must have an electronic identification device implanted beneath the skin or hide of the dangerous wild animal, unless a licensed veterinarian states in writing that the implantation would endanger the comfort or health of the dangerous wild animal. In such case, an electronic identification device may be otherwise attached to the dangerous wild animal as required by the department.


4. Not later than December 31, 2007, the person must notify the department using a registration form prepared by the department. The registration form shall include all of the following information:


a. The person's name, address, and telephone number.


b. A sworn affidavit that the person meets the requirements necessary to own or possess a dangerous wild animal as provided in this section.


c. A complete inventory of each dangerous wild animal which the person owns or possesses. The inventory shall include all of the following information:


(1) The number of the dangerous wild animals according to species.


(2) The manufacturer and manufacturer's number of the electronic device implanted in or attached to each dangerous wild animal.


(3) The location where each dangerous wild animal is kept. The person must notify the department in writing within ten days of a change of address or location where the dangerous wild animal is kept.


(4) The approximate age, sex, color, weight, scars, and any distinguishing marks of each dangerous wild animal.


(5) The name, business mailing address, and business telephone number of the licensed veterinarian who is responsible for providing care to the dangerous wild animal. The information shall include a statement signed by the licensed veterinarian certifying that the dangerous wild animal is in good health.


(6) A color photograph of the dangerous wild animal.


(7) A copy of a current liability insurance policy as required in this section. The person shall send a copy of the current liability policy to the department each year.


5. The person must pay the department a registration fee as provided in section 717F.8.


6. The person must maintain health and ownership records for the dangerous wild animal for the life of the dangerous wild animal.


7. The person must confine the dangerous wild animal in a primary enclosure as required by the department on the person's premises. The person must not allow the dangerous wild animal outside of the primary enclosure unless the dangerous wild animal is moved pursuant to any of the following:


a. To receive veterinary care from a licensed veterinarian.


b. To comply with the directions of the department or an animal warden.


c. To transfer ownership and possession of the dangerous wild animal to a wildlife sanctuary or provide for its destruction by euthanasia as required by the department.


8. The person must display at least one sign on the person's premises where the dangerous wild animal is kept warning the public that the dangerous wild animal is confined there. The sign must include a symbol warning children of the presence of the dangerous wild animal.


9. The person must immediately notify an animal warden or other local law enforcement official of any escape of a dangerous wild animal.


10. The person must maintain liability insurance coverage in an amount of not less than one hundred thousand dollars with a deductible of not more than two hundred fifty dollars, for each occurrence of property damage, bodily injury, or death caused by each dangerous wild animal kept by the person.


11. The person who owns or possesses the dangerous wild animal is strictly liable for any damages, injury, or death caused by the dangerous wild animal. The person must reimburse the department or other public agency for actual expenses incurred by capturing and maintaining custody of the dangerous wild animal.


12. If the person is no longer able to care for the dangerous wild animal, all of the following apply:


a. The person must so notify the department, stating the planned disposition of the dangerous wild animal.


b. The person must dispose of the dangerous wild animal by transferring ownership and possession to a wildlife sanctuary or providing for its destruction by euthanasia as required by the department.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 4.


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


I.C.A. § 717F.5


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.5. Seizure, custody, and disposal of dangerous wild animals


1. a. Except as provided in paragraph “b”, the department shall seize a dangerous wild animal which is in the possession of a person if the person is not in compliance with the requirements of this chapter.


b. Upon request, the department may provide that the person retain possession of the dangerous wild animal for not more than fourteen days, upon conditions required by the department. During that period, the person shall take all necessary actions to comply with this chapter. The department shall inspect the premises where the dangerous wild animal is kept during reasonable times to ensure that the person is complying with the conditions.


2. If the person fails to comply with the conditions of the department at any time or is not in compliance with this chapter following the fourteen-day period, the department shall seize the dangerous wild animal.


a. The dangerous wild animal shall be considered to be a threatened animal which has been rescued as provided in chapter 717B. The court may authorize the return of the dangerous wild animal to the person from whom the dangerous wild animal was seized if the court finds all of the following:


(1) The person is capable of providing the care required for the dangerous wild animal.


(2) There is a substantial likelihood that the person will provide the care required for the dangerous wild animal.


(3) The dangerous wild animal has not been abused, neglected, or tortured, as provided in chapter 717B.


b. If the court orders a permanent disposition of the dangerous wild animal, the dangerous wild animal shall be subject to disposition as provided in section 717B.4 and the responsible party shall be assessed costs associated with its seizure, custody, and disposition as provided in that section. The department may find long-term placement for the dangerous wild animal with a wildlife sanctuary or institution accredited or certified by the American zoo and aquarium association.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 5.


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


I.C.A. § 717F.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 717F. Dangerous Wild Animals (Refs & Annos)

717F.6. Cause of the escape of a dangerous wild animal--prohibition


A person shall not intentionally cause a dangerous wild animal to escape from its place of confinement, including as provided in section 717F.4.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 6.


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


I.C.A. § 717F.7


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.7. Exemptions


This chapter does not apply to any of the following:


1. An institution accredited or certified by the American zoo and aquarium association.


2. A wildlife sanctuary.


3. A person who keeps falcons, if the person has been issued a falconry license by the department of natural resources pursuant to section 483A.1.


4. A person who owns or possesses a dangerous wild animal as an agricultural animal. The person shall not transfer the dangerous wild animal to another person, unless the person to whom the dangerous wild animal is transferred will own or possess it as an agricultural animal or the person is a wildlife sanctuary.


5. A person who owns or possesses a dangerous wild animal as an assistive animal. The person shall not transfer the dangerous wild animal to another person, unless the person to whom the dangerous wild animal is transferred will own or possess it as an assistive animal or the person is a wildlife sanctuary.


6. A person who harvests the dangerous wild animal as a hunter or trapper pursuant to state law and as regulated by the department of natural resources.


7. A person who has been issued a wildlife rehabilitation permit by the department of natural resources pursuant to section 481A.65.


8. A circus that obtains a permit from a city in which it will be temporarily operating, if the city issues permits.


9. A city.


10. A nonprofit corporation governed under chapter 504 that is an organization described in section 501(c)(3) of the Internal Revenue Code [FN1] and that is exempt from taxation under section 501(a) of the Internal Revenue Code if the nonprofit corporation was a party to a contract executed with a city prior to July 1, 2007, to provide for the exhibition of dangerous wild animals at a municipal zoo. The nonprofit corporation shall not transfer the dangerous wild animal to another person, unless the person to whom the dangerous wild animal is transferred is a wildlife sanctuary.


11. The state fair as provided in chapter 173 or any fair as provided in chapter 174.


12. A research facility.


13. A location operated by a person licensed to practice veterinary medicine pursuant to chapter 169. However, this subsection shall not apply to a swine which is a member of the species sus scrofa linnaeus, including but not limited to swine commonly known as Russian boar or European boar of either sex.


14. A pound as defined in section 162.2.


15. An animal shelter as defined in section 162.2.


16. A county conservation board as provided in chapter 350.


17. An employee of the department responsible for the administration of this chapter, an animal warden as defined in section 162.2, or an animal care provider or law enforcement officer as defined in section 717B.1.


18. A person temporarily transporting a dangerous wild animal through this state if the transit time is not more than ninety-six hours and the dangerous wild animal is maintained within a confined area sufficient to prevent its escape or injuring members of the traveling public.


19. A public agency which maintains permanent custody of a dangerous wild animal, if the person to whom the public agency assigns the duty to manage the custody of the dangerous wild animal complies with the provisions of section 717F.4.


20. A person who keeps a dangerous wild animal pursuant to all of the following conditions:


a. The person is licensed by the United States department of agriculture as provided in 9 C.F.R. ch. I.


b. The person is registered by the department of agriculture and land stewardship. Upon a complaint filed with the department of agriculture and land stewardship, the department may inspect the premises or investigate the practices of the registered person and suspend or revoke the registration for the same causes and in the same manner as provided in section 162.12.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 7. Amended by Acts 2007 (82 G.A.) ch. 215, S.F. 601, §§ 121, 122.


[FN1] Internal Revenue Code sections are found in Title 26 of U.S.C.A.


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


I.C.A. § 717F.8


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.8. Dangerous wild animal registration fees


The department may charge a registration fee for each dangerous wild animal owned or possessed by a person required to be registered pursuant to section 717F.4.


1. The department shall collect an annual registration fee which is an original registration fee or a renewal of an original registration fee. The amount of the renewal registration fee is one-half of the amount of the original registration fee. Moneys collected in registration fees shall be deposited in the dangerous wild animal registration fund created in section 717F.9.


2. The amount of the original registration fees shall be as follows:


a. Five hundred dollars for a member of the order proboscidea, which are any species of elephant.


b. Five hundred dollars for a member of the family rhinocero tidae order perissodactyla, which is a rhinoceros.


c. Three hundred dollars for a member of the family ursidae of the order carnivora, which is limited to bears.


d. For a member of the family felidae of the order carnivora, all of the following:


(1) Three hundred dollars for a member of the subfamily pantherinae, limited to leopards other than snow leopards, lions, and tigers; and for a member of the subfamily felinae limited to pumas, jaguars, and cougars.


(2) Two hundred dollars for a member of the subfamily felinae limited to bobcats, clouded leopards, cheetahs, and lynx.


(3) One hundred dollars for a member of the subfamily felinae limited to caracals, desert cats, Geoffroy's cats, jungle cats, margays, ocelots, servals, and wild cats.


e. For a member of the order of primates other than humans, all of the following:


(1) Three hundred dollars for a member commonly referred to as an ape, belonging to the hylobatidae family such as gibbons and siamangs, or to the pongidae family including gorillas, orangutans, or chimpanzees.


(2) One hundred fifty dollars for a member commonly referred to as an old world monkey, belonging to the family cercopithecidae, including but not limited to macaques, rhesus, mangabeys, mandrills, guenons, patas monkeys, langurs, and proboscis monkeys.


(3) Fifty dollars for a member commonly referred to as a new world monkey belonging to the family cebidae, including but not limited to cebids, including capuchin monkeys, howlers, woolly monkeys, squirrel monkeys, night monkeys, titis, uakaris, or to the family callitrichidae, including but not limited to marmosets and tamarins.


f. One hundred dollars for a member of the order crocodilia, including but not limited to alligators, caimans, crocodiles, and gharials.


g. Fifty dollars for a member of the family varanidae of the order squamata, which are limited to water monitors and crocodile monitors.


h. Fifty dollars for a member of the family atractaspidae, including but not limited to mole vipers and burrowing asps.


i. Fifty dollars for a member of the family helodermatidae, including but not limited to beaded lizards and gila monsters.


j. Fifty dollars for a member of the family elapidae, viperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes.


k. One hundred dollars for a member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons.


l. Ten dollars for swine which is a member of the species sus scrofa linnaeus, including but not limited to swine commonly known as Russian boar or European boar of either sex.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 8. Amended by Acts 2007 (82 G.A.) ch. 215, S.F. 601, § 123; Acts 2012 (84 G.A.) ch. 1021, S.F. 2285, § 115.


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


I.C.A. § 717F.9


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.9. Dangerous wild animal registration fund


1. A dangerous wild animal registration fund is created in the state treasury under the control of the department. The fund is composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall include moneys deposited into the fund from registration fees collected by the department pursuant to section 717F.8.


2. Moneys in the dangerous wild animal registration fund are appropriated to the department exclusively to administer and enforce the provisions of this chapter. The moneys shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this subsection.


3. Section 8.33 shall not apply to moneys in the dangerous wild animal registration fund. Notwithstanding section 12C.7, moneys earned as income or interest from the fund shall remain in the fund until expended as provided in this section.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 9.


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


I.C.A. § 717F.10


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.10. Enforcement


The department is the principal agency charged with enforcing the provisions of this chapter. An animal warden as defined in section 162.2, or an animal care provider or law enforcement officer as defined in section 717B.1, shall enforce this chapter as directed by the department.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 10.


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


I.C.A. § 717F.11


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.11. Civil penalty


A person owning or possessing a dangerous wild animal who violates a provision of this chapter is subject to a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each dangerous wild animal involved in the violation. Each day that a violation continues shall be considered as a separate offense. The civil penalties shall be deposited into the general fund of the state.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 11.


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


I.C.A. § 717F.12


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.12. Injunctive relief


The courts of this state may prevent and restrain violations of this chapter through the issuance of an injunction. The attorney general or a county attorney may institute suits on behalf of the state to prevent and restrain violations of this chapter.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 12.


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


I.C.A. § 717F.13


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 717F. Dangerous Wild Animals (Refs & Annos)

717F.13. Criminal penalties


A person who intentionally causes a dangerous wild animal to escape in violation of this chapter is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 195, S.F. 564, § 13.


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


I.C.A. T. XVI, Subt. 1, Ch. 718, 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 718. Offenses Against the Government



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


I.C.A. § 718.1


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 718. Offenses Against the Government (Refs & Annos)

718.1. Insurrection


An insurrection is three or more persons acting in concert and using physical violence against persons or property, with the purpose of interfering with, disrupting, or destroying the government of the state or any subdivision thereof, or to prevent any executive, legislative, or judicial officer or body from performing its lawful function. Participation in insurrection is a class “C” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1801, eff. Jan. 1, 1978.


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


I.C.A. § 718.2


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 718. Offenses Against the Government (Refs & Annos)

718.2. Impersonating a public official


Any person who falsely claims to be or assumes to act as an elected or appointed officer, magistrate, peace officer, or person authorized to act on behalf of the state or any subdivision thereof, having no authority to do so, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1802, eff. Jan. 1, 1978.


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


I.C.A. § 718.3


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 718. Offenses Against the Government (Refs & Annos)

718.3. Willful disturbance


Any person who willfully disturbs any deliberative body or agency of the state, or subdivision thereof, with the purpose of disrupting the functioning of such body or agency by tumultuous behavior, or coercing by force or the threat of force any official conduct or proceeding, commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1803, eff. Jan. 1, 1978.


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


I.C.A. § 718.4


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 718. Offenses Against the Government (Refs & Annos)

718.4. Harassment of public officers and employees


Any person who willfully prevents or attempts to prevent any public officer or employee from performing the officer's or employee's duty commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1804, eff. Jan. 1, 1978.


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


I.C.A. § 718.5


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 718. Offenses Against the Government (Refs & Annos)

718.5. Falsifying public documents


A person who, having no right or authority to do so, makes or alters any public document, or any instrument which purports to be a public document, or who possesses a seal or any counterfeit seal of the state or of any of its subdivisions, or of any officer, employee, or agency of the state or of any of its subdivisions, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1805, eff. Jan. 1, 1978.


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


I.C.A. § 718.6


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 718. Offenses Against the Government (Refs & Annos)

718.6. False reports to or communications with public safety entities


1. A person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the act did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor.


2. A person who telephones an emergency 911 communications center knowing that the person is not reporting an emergency or otherwise needing emergency information or assistance commits a simple misdemeanor.


3. A person who knowingly provides false information to a law enforcement officer who enters the information on a citation commits a simple misdemeanor, unless the criminal act for which the citation is issued is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1806, eff. Jan. 1, 1978. Amended by Acts 1995 (76 G.A.) ch. 89, § 1.


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


I.C.A. § 718.7


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.8


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.9


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.10


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.11


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.12


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.13


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.14


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.15


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.16


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.17


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.18


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.19


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.20


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.21


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.22


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 718. Offenses Against the Government (Refs & Annos)

718.7 to 718.22. 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. § 718.23


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 718. Offenses Against the Government (Refs & Annos)

718.23. Repealed by Acts 1972 (64 G.A.) ch. 1124, § 282, eff. July 1, 1973


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


I.C.A. § 718.24


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 718. Offenses Against the Government (Refs & Annos)

718.24. 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. 718A, 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 718A. Desecration of Flag or Other Insignia



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


I.C.A. § 718A.1


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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.1. Definitions


As used in this chapter:


1. “Contempt” means an intentional lack of respect or reverence by treating in a rough manner.


2. “Deface” means to intentionally mar the external appearance.


3. “Defile” means to intentionally make physically unclean.


4. “Mutilate” means to intentionally cut up or alter so as to make imperfect.


5. “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread upon.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 202, H.F. 817, § 13. Amended by Acts 2008 (82 G.A.) ch. 1032, S.F. 2320, § 88.


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


I.C.A. § 718A.1A


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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.1A. Desecration of flag or insignia


Any person who in any manner, for exhibition or display, shall place or cause to be placed, any word, figure, mark, picture, design, drawing, or any advertisement of any nature, upon any flag, standard, color, ensign, shield, or other insignia of the United States, or upon any flag, ensign, great seal, or other insignia of this state, or shall expose or cause to be exposed to public view, any such flag, standard, color, ensign, shield, or other insignia of the United States, or any such flag, ensign, great seal, or other insignia of this state, upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale, or to give away, or for use for any purpose any article or substance, being an article of merchandise or a receptacle of merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed, a representation of any such flag, standard, color, ensign, shield, or other insignia of the United States, or any such flag, ensign, great seal, or other insignia of this state, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon, cast contempt upon, satirize, deride or burlesque, either by words or act, such flag, standard, color, ensign, shield, or other insignia of the United States, or flag, ensign, great seal, or other insignia of this state, or who shall, for any purpose, place such flag, standard, color, ensign, shield, or other insignia of the United States, or flag, ensign, great seal, or other insignia of this state, upon the ground or where the same may be trod upon, shall be deemed guilty of a simple misdemeanor.


CREDIT(S)


Transferred from § 718A.1 by the Iowa Code Editor for Code Supp. 2007.


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


I.C.A. § 718A.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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.2. Actions for penalty


The action or suit may be brought by and in the name of the state, on the relation of a citizen of the state, and the penalty, when collected, less the reasonable cost and expense of action or suit and recovery, to be certified by the clerk of the district court of the county in which the offense is committed, shall be paid to the treasurer of state for deposit in the general fund of the state, and two or more penalties may be sued for and recovered in the same action or suit.


CREDIT(S)


Transferred from § 32.2 by the Code Editor for Code 1993.


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


I.C.A. § 718A.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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.3. Federal flag and insignia--definition


The words “flag, standard, color, ensign, shield, or other insignia of the United States” as used in this chapter, shall include any flag, standard, color, ensign, shield, or other insignia of the United States, or any picture or representation of any of them, made of any substance or represented on any substance, and of any size, evidently purporting to be any such flag, standard, color, insignia, shield, or other insignia of the United States of America, or a picture or a representation of any of them.


CREDIT(S)


Transferred from § 32.3 by the Code Editor for Code 1993.


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


I.C.A. § 718A.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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.4. State flag and insignia--definition


The words “flag, ensign, great seal, or other insignia of this state” as used in this chapter, shall include any flag, ensign, great seal, or other insignia, or any picture or any representation of any of them, made of any substance or represented on any substance, and of any size, evidently purporting to be any such flag, ensign, great seal, or other insignia of the state, or a picture or a representation of any of them.


CREDIT(S)


Transferred from § 32.4 by the Code Editor for Code 1993.


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


I.C.A. § 718A.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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.5. Presumptive evidence of desecration


The possession by any person other than a public officer, as such, of any flag, standard, color, ensign, shield, or other insignia of the United States, or flag, ensign, great seal, or other insignia of this state, on which shall be anything made unlawful by this chapter, or of any article or substance or thing on which shall be anything made unlawful by this chapter, shall be presumptive evidence that the same is in violation of this chapter.


CREDIT(S)


Transferred from § 32.5 by the Code Editor for Code 1993.


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


I.C.A. § 718A.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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.6. Enforcement


It shall be the duty of the sheriffs of the various counties, chiefs of police, and city marshals to enforce the provisions of this chapter, and for failure to do so they may be removed as by law provided.


This chapter shall not be construed to apply to a newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, or commission of appointment to office, ornamental picture, article of jewelry, or stationery for use in private correspondence, on any of which shall be printed, painted, or placed, said flag, disconnected from any advertisement.


Nothing in this chapter shall be construed as rendering unlawful the use of any trademark or trade emblem actually adopted by any person, firm, corporation, or association prior to January 1, 1895.


CREDIT(S)


Transferred from § 32.6 by the Code Editor for Code 1993.


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


I.C.A. § 718A.7


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 718A. Desecration of Flag or Other Insignia (Refs & Annos)

718A.7. Retirement ceremony


This chapter does not apply to a flag retirement ceremony conducted pursuant to federal law.


CREDIT(S)


Added by Acts 2007 (82 G.A.) ch. 202, H.F. 817, § 14.


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


I.C.A. T. XVI, Subt. 1, Ch. 718B, 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 718B. Impersonating a Decorated Military Veteran



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


I.C.A. § 718B.1


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 718B. Impersonating a Decorated Military Veteran (Refs & Annos)

718B.1. Impersonating a decorated military veteran


A person who impersonates a decorated military veteran with the intent to deceive another person for the purpose of gaining any real or anticipated monetary gain commits a serious misdemeanor. For the purposes of this section, “decorated military veteran” means a veteran of the armed forces of the United States who has been awarded any decoration or medal authorized by the United States Congress for service in the armed forces of the United States, any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration, or medal.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 96, S.F. 397, § 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. 719, 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 719. Obstructing Justice



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


I.C.A. § 719.1


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 719. Obstructing Justice (Refs & Annos)

719.1. Interference with official acts


1. A person who knowingly resists or obstructs anyone known by the person to be a peace officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars. However, if a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated misdemeanor. If a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts or attempts to inflict serious injury, or displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, that person commits a class “D” felony.


2. A person under the custody, control, or supervision of the department of corrections who knowingly resists, obstructs, or interferes with a correctional officer, agent, employee, or contractor, whether paid or volunteer, in the performance of the person's official duties, commits a serious misdemeanor. If a person violates this subsection and in so doing commits an assault, as defined in section 708.1, the person commits an aggravated misdemeanor. If a person violates this subsection and in so doing inflicts or attempts to inflict bodily injury other than serious injury to another, displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, the person commits a class “D” felony. If a person violates this subsection and uses or attempts to use a dangerous weapon, as defined in section 702.7, or inflicts serious injury to another, the person commits a class “C” felony.


3. The terms “resist” and “obstruct”, as used in this section, do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1901, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 21, eff. Jan. 1, 1978; Acts 1984 (70 G.A.) ch. 1246, § 4; Acts 1991 (74 G.A.) ch. 219, § 22; Acts 1995 (76 G.A.) ch. 90, § 4; Acts 1996 (76 G.A.) ch. 1034, § 63; Acts 1999 (78 G.A.) ch. 153, § 21.


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


I.C.A. § 719.1A


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 719. Obstructing Justice (Refs & Annos)

719.1A. Providing false identification information


A person who knowingly provides false identification information to anyone known by the person to be a peace officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or fire fighter, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1078, S.F. 2197, § 1.


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


I.C.A. § 719.2


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 719. Obstructing Justice (Refs & Annos)

719.2. Refusing to assist officer


Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required. A person who, unreasonably and without lawful cause, refuses or neglects to render assistance when so requested commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1902, eff. Jan. 1, 1978.


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


I.C.A. § 719.3


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 719. Obstructing Justice (Refs & Annos)

719.3. Preventing apprehension, obstructing prosecution, or obstructing defense


A person who, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, knowingly does any of the following acts, commits an aggravated misdemeanor:


1. Destroys, alters, conceals or disguises physical evidence which would be admissible in the trial of another for a public offense, or makes available false evidence or furnishes false information with the intent that it be used in the trial of that case.


2. Induces a witness having knowledge material to the subject at issue to leave the state or hide, or to fail to appear when subpoenaed.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1903, eff. Jan. 1, 1978.


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


I.C.A. § 719.4


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 719. Obstructing Justice (Refs & Annos)

719.4. Escape or absence from custody


1. A person convicted of a felony, or charged with or arrested for the commission of a felony, who intentionally escapes, or attempts to escape, from a detention facility, community-based correctional facility, or institution to which the person has been committed by reason of the conviction, charge, or arrest, or from the custody of any public officer, public employee, or any other person to whom the person has been entrusted, commits a class “D” felony.


2. A person convicted of, charged with, or arrested for a misdemeanor, who intentionally escapes, or attempts to escape, from a detention facility, community-based correctional facility, or institution to which the person has been committed by reason of the conviction, charge, or arrest, or from the custody of any public officer, public employee, or any other person to whom the person has been entrusted, commits a serious misdemeanor.


3. A person who has been committed to an institution under the control of the Iowa department of corrections, to a community-based correctional facility, or to a jail or correctional institution, who knowingly and voluntarily is absent from a place where the person is required to be, commits a serious misdemeanor.


4. A person who flees from the state to avoid prosecution for a public offense which is a felony or aggravated misdemeanor commits a class “D” felony.


5. Except for subsection 4, an offense committed under this section includes any offense committed wholly outside the state.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1904, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1185, § 1, eff. June 22, 1978; Acts 1982 (69 G.A.) ch. 1082, § 1; Acts 1983 (70 G.A.) ch. 96, § 119, eff. Oct. 1, 1983; Acts 1986 (71 G.A.) ch. 1040, § 1; Acts 1986 (71 G.A.) ch. 1238, § 30; Acts 1999 (78 G.A.) ch. 182, § 3; Acts 2000 (78 G.A.) ch. 1037, §§ 1, 2.


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


I.C.A. § 719.5


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 719. Obstructing Justice (Refs & Annos)

719.5. Permitting prisoner to escape


Any jailer or other public officer or employee who voluntarily permits, aids or abets in the escape or attempted escape of any person in custody by reason of a conviction or charge of any crime, commits the crime of permitting a prisoner to escape which is subject to the following penalties:


1. If the prisoner is in custody by reason of a conviction or charge of a class “A” felony, the defendant commits a class “C” felony.


2. If the prisoner is in custody by reason of a conviction or charge of any public offense other than a class “A” felony, the defendant commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1905, eff. Jan. 1, 1978.


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


I.C.A. § 719.6


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 719. Obstructing Justice (Refs & Annos)

719.6. Assisting prisoner to escape


Any person who introduces into any detention facility or correctional institution any weapon, explosive or incendiary substance, rope, ladder, or any instrument or device by which that person intends to facilitate the escape of any prisoner, or any person who, not being authorized by law, knowingly causes any such weapon, explosive or incendiary substance, rope, ladder, instrument or device to come into the possession of any prisoner, commits the crime of assisting a prisoner to escape which is subject to the following penalties:


1. If the prisoner was confined by reason of a conviction of a class “A” felony, the defendant commits a class “C” felony.


2. If the prisoner was confined by reason of a conviction of any public offense other than a class “A” felony, the defendant commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1906, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 22, eff. Jan. 1, 1978.


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


I.C.A. § 719.7


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 719. Obstructing Justice (Refs & Annos)

719.7. Possessing contraband


1. “Contraband” includes but is not limited to any of the following:


a. A controlled substance or a simulated or counterfeit controlled substance, hypodermic syringe, or intoxicating beverage.


b. A dangerous weapon, offensive weapon, pneumatic gun, stun gun, firearm ammunition, knife of any length or any other cutting device, explosive or incendiary material, instrument, device, or other material fashioned in such a manner as to be capable of inflicting death or injury.


c. Rope, ladder components, key or key pattern, metal file, instrument, device, or other material designed or intended to facilitate escape of an inmate.


2. The sheriff may x-ray a person committed to the jail, or the department of corrections may x-ray a person under the control of the department, if there is reason to believe that the person is in possession of contraband. A licensed physician or x-ray technician under the supervision of a licensed physician must x-ray the person.


3. A person commits the offense of possessing contraband if the person, not authorized by law, does any of the following:


a. Knowingly introduces contraband into, or onto, the grounds of a secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections.


b. Knowingly conveys contraband to any person confined in a secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections.


c. Knowingly makes, obtains, or possesses contraband while confined in a secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections, or while being transported or moved incidental to confinement.


4. A person who possesses contraband or fails to report an offense of possessing contraband commits the following:


a. A class “C” felony for the possession of contraband if the contraband is of the type described in subsection 1, paragraph “b”.


b. A class “D” felony for the possession of contraband if the contraband is any other type of contraband.


c. An aggravated misdemeanor for failing to report a known violation or attempted violation of this section to an official or officer at a secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections.


5. Nothing in this section is intended to limit the authority of the administrator of any secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections to prescribe or enforce rules concerning the definition of contraband, and the transportation, making, or possession of substances, devices, instruments, materials, or other items.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1907, eff. Jan. 1, 1978. Amended by Acts 1983 (70 G.A.) ch. 96, § 120, eff. Oct. 1, 1983; Acts 1999 (78 G.A.) ch. 163, § 1; Acts 2007 (82 G.A.) ch. 89, S.F. 529, § 1.


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


I.C.A. § 719.7A


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 719. Obstructing Justice (Refs & Annos)

719.7A. Electronic contraband--criminal penalties


1. As used in this section, unless the context otherwise requires:


a. “Electronic contraband” means a mobile telephone or other hand-held electronic communication device.


b. “Facility” means a county jail, municipal holding facility, or institution under the management of the department of corrections.


2. A person commits the offense of possessing electronic contraband under this section if the person, not authorized by law, does any of the following:


a. Knowingly supplies or attempts to supply electronic contraband to any person confined in a facility, or to any person confined in a facility while the person is being transported or moved incidental to the confinement.


b. Knowingly makes, obtains, or possesses electronic contraband while confined in a facility, or while being transported or moved incidental to confinement.


3. A person who possesses electronic contraband commits a class “D” felony.


4. a. A person commits the offense of failing to report electronic contraband when the person fails to report a known violation or attempted violation of this section to an official or officer at a facility.


b. A person who violates this subsection commits an aggravated misdemeanor.


5. The sheriff may x-ray a person committed to the jail, the supervising law enforcement agency may x-ray a person confined in the municipal holding facility, or the department of corrections may x-ray a person under the control of the department, if there is reason to believe that the person is in possession of electronic contraband. A licensed physician or x-ray technician under the supervision of a licensed physician must x-ray the person.


6. Nothing in this section is intended to limit the authority of the administrator of any facility to prescribe or enforce rules concerning the definition of electronic contraband, and the supplying, making, obtaining, or possession of electronic contraband.


CREDIT(S)


Added by Acts 2011 (84 G.A.) ch. 19, S.F. 124, § 1.


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


I.C.A. § 719.8


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 719. Obstructing Justice (Refs & Annos)

719.8. Furnishing a controlled substance or intoxicating beverage to inmates at a detention facility


A person not authorized by law who furnishes or knowingly makes available a controlled substance or intoxicating beverage to an inmate at a detention facility, or who introduces a controlled substance or intoxicating beverage into the premises of such a facility, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1908, eff. Jan. 1, 1978. Amended by Acts 1983 (70 G.A.) ch. 96, § 121, eff. Oct. 1, 1983; Acts 1999 (78 G.A.) ch. 163, § 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. 720, 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 720. Interference with Judicial Process



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


I.C.A. § 720.1


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 720. Interference with Judicial Process (Refs & Annos)

720.1. Compounding a felony


A person having knowledge of the commission by another of a felony indictable in this state who receives any consideration for a promise to conceal such crime, or not to prosecute or aid or give evidence to the prosecution of such crime, compounds that felony. Compounding any felony is an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2001, eff. Jan. 1, 1978.


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


I.C.A. § 720.2


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 720. Interference with Judicial Process (Refs & Annos)

720.2. Perjury, contradictory statements, and retraction


A person who, while under oath or affirmation in any proceeding or other matter in which statements under oath or affirmation are required or authorized by law, knowingly makes a false statement of material facts or who falsely denies knowledge of material facts, commits a class “D” felony. Where, while under oath or affirmation, in the same proceeding or different proceedings where oath or affirmation is required, a person has made contradictory statements, the indictment will be sufficient if it states that one or the other of the contradictory statements was false, to the knowledge of such person, and it shall be sufficient proof of perjury that one of the statements must be false, and that the person making the statements knew that one of them was false when the person made the statement, provided that both statements have been made within the period prescribed by the applicable statute of limitations. No person shall be guilty of perjury if the person retracts the false statement in the course of the proceedings where it was made before the false statement has substantially affected the proceeding.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2002, eff. Jan. 1, 1978.


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


I.C.A. § 720.3


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 720. Interference with Judicial Process (Refs & Annos)

720.3. Suborning perjury


A person who procures or offers any inducement to another to make a statement under oath or affirmation in any proceeding or other matter in which statements under oath or affirmation are required or authorized, with the intent that such person will make a false statement, or who procures or offers any inducement to one who the person reasonably believes will be called upon for a statement in any such proceeding or matter, to conceal material facts known to such person, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2003, eff. Jan. 1, 1978.


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


I.C.A. § 720.4


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 720. Interference with Judicial Process (Refs & Annos)

720.4. Tampering with witnesses or jurors


A person who offers any bribe to any person who the offeror believes has been or may be summoned as a witness or juror in any judicial or arbitration proceeding, or any legislative hearing, or who makes any threats toward such person or who forcibly or fraudulently detains or restrains such person, with the intent to improperly influence such witness or juror with respect to the witness' or juror's testimony or decision in such case, or to prevent such person from testifying or serving in such case, or who, in retaliation for anything lawfully done by any witness or juror in any case, harasses such witness or juror, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2004, eff. Jan. 1, 1978.


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


I.C.A. § 720.5


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 720. Interference with Judicial Process (Refs & Annos)

720.5. False representation of records or process


Any person who represents any document or paper to be any public record or any civil or criminal process, when the person knows such representation to be false, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2005, eff. Jan. 1, 1978.


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


I.C.A. § 720.6


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 720. Interference with Judicial Process (Refs & Annos)

720.6. Malicious prosecution


A person who causes or attempts to cause another to be indicted or prosecuted for any public offense, having no reasonable grounds for believing that the person committed the offense commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2006, eff. Jan. 1, 1978.


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


I.C.A. § 720.7


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 720. Interference with Judicial Process (Refs & Annos)

720.7. Interference with judicial acts--penalty


1. As used in this section:


a. “Court employee” means the same as defined in section 602.1101.


b. “Family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, grandfather, grandmother, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.


c. “Judicial officer” means the same as defined in section 602.1101.


2. A person who harasses a judicial officer, court employee, or a family member of a judicial officer or a court employee in violation of section 708.7, with the intent to interfere with or improperly influence, or in retaliation for, the official acts of a judicial officer or court employee, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 2009 (83 G.A.) ch. 77, H.F. 697, § 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. 721, 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 721. Official Misconduct



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


I.C.A. § 721.1


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 721. Official Misconduct (Refs & Annos)

721.1. Felonious misconduct in office


Any public officer or employee, who knowingly does any of the following, commits a class “D” felony:


1. Makes or gives any false entry, false return, false certificate, or false receipt, where such entries, returns, certificates, or receipts are authorized by law.


2. Falsifies any public record, or issues any document falsely purporting to be a public document.


3. Falsifies a writing, or knowingly delivers a falsified writing, with the knowledge that the writing is falsified and that the writing will become a public record of a government body.


4. For purposes of this section, “government body” and “public record” mean the same as defined in section 22.1.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2101, eff. Jan. 1, 1978. Amended by Acts 2001 (79 G.A.) ch. 31, § 1.


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


I.C.A. § 721.2


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 721. Official Misconduct (Refs & Annos)

721.2. Nonfelonious misconduct in office


Any public officer or employee, or any person acting under color of such office or employment, who knowingly does any of the following, commits a serious misdemeanor:


1. Makes any contract which contemplates an expenditure known by the person to be in excess of that authorized by law.


2. Fails to report to the proper officer the receipt or expenditure of public moneys, together with the proper vouchers therefor, when such is required of the person by law.


3. Requests, demands, or receives from another for performing any service or duty which is required of the person by law, or which is performed as an incident of the person's office or employment, any compensation other than the fee, if any, which the person is authorized by law to receive for such performance.


4. By color of the person's office and in excess of the authority conferred on the person by that office, requires any person to do anything or to refrain from doing any lawful thing.


5. Uses or permits any other person to use the property owned by the state or any subdivision or agency of the state for any private purpose and for personal gain, to the detriment of the state or any subdivision thereof.


6. Fails to perform any duty required of the person by law.


7. Demands that any public employee contribute or pay anything of value, either directly or indirectly, to any person, organization or fund, or in any way coerces or attempts to coerce any public employee to make any such contributions or payments, except where such contributions or payments are expressly required by law.


8. Permits persons to use the property owned by the state or a subdivision or agency of the state to operate a political phone bank for any of the following purposes:


a. To poll voters on their preferences for candidates or ballot measures at an election; however, this paragraph does not apply to authorized research at an educational institution.


b. To solicit funds for a political candidate or organization.


c. To urge support for a candidate or ballot measure to voters.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2102, eff. Jan. 1, 1978. Amended by Acts 1987 (72 G.A.) ch. 221, § 35.


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


I.C.A. § 721.3


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 721. Official Misconduct (Refs & Annos)

721.3. Solicitation for political purposes


It shall be unlawful for any person or political organization either directly or indirectly to solicit or demand from any employee of any commission, board or agency created under the statutes of Iowa, any contribution of money or any other thing of value for election purposes or for the purpose of paying expenses of any political organization or any person seeking election to public office.


CREDIT(S)


Transferred from § 740.13, Code 1979.


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


I.C.A. § 721.4


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 721. Official Misconduct (Refs & Annos)

721.4. Using public motor vehicles for political purposes


It shall be unlawful for any person to use or permit to be used any motor vehicle owned by the state of Iowa or any political subdivision thereof for the purpose of transporting any political literature or any person or persons engaging in a political campaign for any political party or any person seeking an elective office.


CREDIT(S)


Transferred from § 740.15 for Code 1979.


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


I.C.A. § 721.5


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 721. Official Misconduct (Refs & Annos)

721.5. State employees not to participate


It shall be unlawful for any state officer, any state appointive officer, or state employee to leave the place of employment or the duties of office for the purpose of soliciting votes or engaging in campaign work during the hours of employment of any such officer or employee.


CREDIT(S)


Transferred from § 740.16 for Code 1979.


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


I.C.A. § 721.6


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 721. Official Misconduct (Refs & Annos)

721.6. Exception to sections 721.3 to 721.5


The provisions of sections 721.3 to 721.5 shall not be construed as prohibiting any such officer or employee who is a candidate for political office to engage in campaigning at any time or at any place for the officer's or employee's self.


CREDIT(S)


Transferred from § 740.17 for Code 1979. Amended by Acts 1978 (67 G.A.) ch. 1029, § 53.


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


I.C.A. § 721.7


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 721. Official Misconduct (Refs & Annos)

721.7. Penalty for violating sections 721.3 to 721.6


Any person who violates any provision of sections 721.3 to 721.6 shall be guilty of a serious misdemeanor.


CREDIT(S)


Transferred from § 740.18 for Code 1979.


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


I.C.A. § 721.8


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 721. Official Misconduct (Refs & Annos)

721.8. Labeling publicly owned motor vehicles


All publicly owned motor vehicles shall bear at least two labels in a conspicuous place, one on each side of the vehicle. This label shall be designed to cover not less than one square foot of surface. This section does not apply to a motor vehicle which is specifically assigned by the head of the department or office owning or controlling it, to enforcement of police regulations or to motor vehicles issued ordinary registration plates pursuant to section 321.19, subsection 1.


CREDIT(S)


Transferred from § 740.21 for Code 1979. Amended by Acts 1985 (71 G.A.) ch. 115, § 3.


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


I.C.A. § 721.9


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 721. Official Misconduct (Refs & Annos)

721.9. Punishment for violation of section 721.8


A violation of section 721.8 shall be a serious misdemeanor.


CREDIT(S)


Transferred from § 740.22 for Code 1979.


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


I.C.A. § 721.10


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 721. Official Misconduct (Refs & Annos)

721.10. Misuse of public records and files


A public officer or employee who, by reason of the officer's or employee's employment, has access to any public record, or to any file, dossier, or accumulation of information of any kind, and who gives or transfers to any person, in exchange for anything of value other than fees authorized by law, any such record, file, dossier, or accumulation of information, or any part thereof, or who imparts to any person any information contained therein, in exchange for anything of value other than fees authorized by law, commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2103, eff. Jan. 1, 1978.


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


I.C.A. § 721.11


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 721. Official Misconduct (Refs & Annos)

721.11. Interest in public contracts


Any officer or employee of the state or of any subdivision thereof who is directly or indirectly interested in any contract to furnish anything of value to the state or any subdivision thereof where such interest is prohibited by statute commits a serious misdemeanor. This section shall not apply to any contract awarded as a result of open, public and competitive bidding.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2104, eff. Jan. 1, 1978.


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


I.C.A. § 721.12


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 721. Official Misconduct (Refs & Annos)

721.12. Profiting from inmates--penalty


A peace officer as defined by section 801.4, subsection 11, a jailer, or an employee of a penal or correctional facility shall not be the purchaser, directly or indirectly, of property being sold by a prisoner who is in the person's custody. However, a peace officer, jailer, or employee of a penal or correctional facility may purchase inmate made items at an art or craft sale or show, but only when the items are offered for sale to the public and the price paid for the item is the same price offered to any other prospective purchaser. A sale made in violation of this section is void. A peace officer, jailer, or employee of a penal or correctional facility who violates this section, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1982 (69 G.A.) ch. 1145, § 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. 722, 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 722. Bribery and Corruption



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


I.C.A. § 722.1


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 722. Bribery and Corruption (Refs & Annos)

722.1. Bribery


A person who offers, promises, or gives anything of value or any benefit to a person who is serving or has been elected, selected, appointed, employed, or otherwise engaged to serve in a public capacity, including a public officer or employee, a referee, juror, or jury panel member, or a witness in a judicial or arbitration hearing or any official inquiry, or a member of a board of arbitration, pursuant to an agreement or arrangement or with the understanding that the promise or thing of value or benefit will influence the act, vote, opinion, judgment, decision, or exercise of discretion of the person with respect to the person's services in that capacity commits a class “D” felony. In addition, a person convicted under this section is disqualified from holding public office under the laws of this state.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2201, eff. Jan. 1, 1978. Amended by Acts 1980 (68 G.A.) ch. 1015, § 63; Acts 1987 (72 G.A.) ch. 213, § 9, eff. June 5, 1987.


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


I.C.A. § 722.2


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 722. Bribery and Corruption (Refs & Annos)

722.2. Accepting bribe


A person who is serving or has been elected, selected, appointed, employed, or otherwise engaged to serve in a public capacity, including a public officer or employee, a referee, juror, or jury panel member, or a witness in a judicial or arbitration hearing or any official inquiry, or a member of a board of arbitration who solicits or knowingly accepts or receives a promise or anything of value or a benefit given pursuant to an understanding or arrangement that the promise or thing of value or benefit will influence the act, vote, opinion, judgment, decision, or exercise of discretion of the person with respect to the person's services in that capacity commits a class “C” felony. In addition, a person convicted under this section is disqualified from holding public office under the laws of this state.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2202, eff. Jan. 1, 1978. Amended by Acts 1980 (68 G.A.) ch. 1015, § 64; Acts 1987 (72 G.A.) ch. 213, § 10, eff. June 5, 1987.


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


I.C.A. § 722.3


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 722. Bribery and Corruption (Refs & Annos)

722.3. Bribery in sports


A person who offers, solicits, gives or receives anything of value or any benefit or promise of anything of value or any benefit, with the intent that the recipient thereof do any of the following, commits an aggravated misdemeanor:


1. If the person is a participant or prospective participant in any professional or amateur sport, match, or contest as a contestant or player, lose or in some way affect the outcome of such sport, match, or contest.


2. If the person is an umpire, referee, judge, or other official in any professional or amateur sport, match, or contest, or an owner, manager, coach, trainer or relative of any participant, use the person's position or influence to affect the outcome of any such sport, match, or contest or the score thereof.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2203, eff. Jan. 1, 1978.


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


I.C.A. § 722.4


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 722. Bribery and Corruption (Refs & Annos)

722.4, 722.5. Repealed by Acts 2002 (79 G.A.) ch. 1071, § 15


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


I.C.A. § 722.5


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 722. Bribery and Corruption (Refs & Annos)

722.4, 722.5. Repealed by Acts 2002 (79 G.A.) ch. 1071, § 15


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


I.C.A. § 722.6


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 722. Bribery and Corruption (Refs & Annos)

722.6. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 18


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


I.C.A. 722.7


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 722. Bribery and Corruption (Refs & Annos)

722.7. Repealed by Acts 2002 (79 G.A.) ch. 1071, § 16


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


I.C.A. § 722.8


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 722. Bribery and Corruption (Refs & Annos)

722.8. Repealed by Acts 2002 (79 G.A.) ch. 1071, § 15


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


I.C.A. § 722.9


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 722. Bribery and Corruption (Refs & Annos)

722.9. Repealed by Acts 2000 (78 G.A.) ch. 1201, § 18


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


I.C.A. § 722.10


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 722. Bribery and Corruption (Refs & Annos)

722.10. Commercial bribery


1. As used in subsection 2, the following definitions shall apply unless the context otherwise requires:


a. “Employer” means any sole proprietor, partnership, corporation, association, or other entity or organization.


b. “Employee” includes every officer, employee, agent or representative.


c. “Gratuity” means consideration in any form, including but not limited to a gift, commission, discount and bonus.


2. It is unlawful for a person to offer or deliver directly or indirectly for the personal benefit of an employee acting on behalf of the employee's employer in a business transaction or course of transactions with the person a gratuity in consideration of an act or omission which the person has reason to know is in conflict with the employment relation and duties of the employee to the employer. It is unlawful for an employee acting on behalf of the employee's employer in a business transaction or course of transactions with a person to solicit or receive from the person a gratuity directly or indirectly for the personal benefit of the employee in consideration of an act or omission which the employee has reason to know is in conflict with the employment relation and duties of the employee to the employer.


3. A violation of subsection 2 is a class “D” felony.


CREDIT(S)


Added by Acts 1978 (67 G.A.) ch. 1186, § 1, eff. Jan. 1, 1979.


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


I.C.A. § 722.11


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 722. Bribery and Corruption (Refs & Annos)

722.11. Student athlete prohibitions


1. Definitions. As used in this section:


a. “Immediate family member” means a spouse, child, stepchild, parent, stepparent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or guardian of a person named in this paragraph.


b. “Institution of higher education” means an institution of higher education under the control of the state board of regents, a community college, or a private college or university located in this state.


c. “Student athlete” means a person who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. The term includes a person who has applied, is eligible to apply, or who may be eligible to apply in the future to an institution of higher education.


2. Prohibitions.


a. Except as provided in paragraphs “c” and “d”, a person shall not give, offer, promise, or attempt to give any money or other thing of value to a student athlete or immediate family member of a student athlete for either of the following purposes:


(1) To induce, encourage, or reward the student athlete's application, enrollment, or attendance at an institution of higher education in order to have the student athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution.


(2) To induce, encourage, or reward the student athlete's participation in an intercollegiate sporting event, contest, exhibition, or program.


b. A person shall not aid or abet an act described in paragraph “a”.


c. As used in this subsection, “person” does not include any of the following:


(1) An institution of higher education or any of its officers or employees if the institution, officer, or employee is acting in accordance with an official written policy of the institution.


(2) An immediate family member of the student athlete.


d. An intercollegiate athletic award approved or administered by the institution of higher education that the student athlete attends is not an inducement, encouragement or reward under paragraph “a”.


e. A person who engages in conduct knowing or having reason to know that the conduct violates this subsection commits an aggravated misdemeanor.


3. Prohibitions for student athletes.


a. Except as provided in paragraph “b”, a student athlete or immediate family member of the student athlete, shall not solicit or accept money or anything of value for any of the purposes described in subsection 2, paragraph “a”. A person shall not aid or abet an act described in this paragraph.


b. This subsection does not apply to money or other things of value that a student athlete receives from any of the following:


(1) An institution of higher education, its officers, or employees if the institution, officer, or employee offered money or other thing of value in accordance with an official written policy of the institution or if the thing of value is an intercollegiate athletic award approved or administered by that institution.


(2) An immediate family member of the student athlete.


c. A person who engages in conduct knowing or having reason to know that the conduct violates this subsection commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1248, § 13.


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


I.C.A. T. XVI, Subt. 1, Ch. 723, 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 723. Public Disorder



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


I.C.A. § 723.1


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 723. Public Disorder (Refs & Annos)

723.1. Riot


A riot is three or more persons assembled together in a violent manner, to the disturbance of others, and with any use of unlawful force or violence by them or any of them against another person, or causing property damage. A person who willingly joins in or remains a part of a riot, knowing or having reasonable grounds to believe that it is such, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2301, eff. Jan. 1, 1978.


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


I.C.A. § 723.2


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 723. Public Disorder (Refs & Annos)

723.2. Unlawful assembly


An unlawful assembly is three or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense. A person who willingly joins in or remains a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2302, eff. Jan. 1, 1978.


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


I.C.A. § 723.3


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 723. Public Disorder (Refs & Annos)

723.3. Failure to disperse


A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse. Any person within hearing distance of such command, who refuses to obey, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2303, eff. Jan. 1, 1978.


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


I.C.A. § 723.4


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 723. Public Disorder (Refs & Annos)

723.4. Disorderly conduct


A person commits a simple misdemeanor when the person does any of the following:


1. Engages in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport.


2. Makes loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.


3. Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.


4. Without lawful authority or color of authority, the person disturbs any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.


5. By words or action, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.


6. a. Knowingly and publicly uses the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.


b. As used in this subsection:


(1) “Deface” means to intentionally mar the external appearance.


(2) “Defile” means to intentionally make physically unclean.


(3) “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.


(4) “Mutilate” means to intentionally cut up or alter so as to make imperfect.


(5) “Show disrespect” means to deface, defile, mutilate, or trample.


(6) “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread upon.


c. This subsection does not apply to a flag retirement ceremony conducted pursuant to federal law.


7. Without authority or justification, the person obstructs any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2304, eff. Jan. 1, 1978. Amended by Acts 1988 (72 G.A.) ch. 1093, § 1; Acts 2007 (82 G.A.) ch. 202, H.F. 817, § 15; Acts 2010 (83 G.A.) ch. 1061, S.F. 2237, § 82.


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


I.C.A. § 723.5


Effective: April 17, 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 723. Public Disorder (Refs & Annos)

723.5. Disorderly conduct--funeral or memorial service


1. A person shall not do any of the following within five hundred feet of the building or other location where a funeral or memorial service is being conducted, or within five hundred feet of a funeral procession or burial:


a. Make loud and raucous noise which causes unreasonable distress to the persons attending the funeral or memorial service, or participating in the funeral procession.


b. Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.


c. Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession, or burial.


2. This section applies to conduct within sixty minutes preceding, during, and within sixty minutes after a funeral, memorial service, funeral procession, or burial.


3. A person who commits a violation of this section commits:


a. A simple misdemeanor for a first offense.


b. A serious misdemeanor for a second offense.


c. A class “D” felony for a third or subsequent offense.


CREDIT(S)


Added by Acts 2006 (81 G.A.) ch. 1058, H.F. 2365, § 1, eff. April 17, 2006.


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


I.C.A. T. XVI, Subt. 1, Ch. 723A, 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 723A. Criminal Street Gangs



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


I.C.A. § 723A.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 723A. Criminal Street Gangs (Refs & Annos)

723A.1. Definitions


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


1. “Criminal acts” means any of the following or any combination of the following:


a. An offense constituting a violation of section 124.401 involving a controlled substance, a counterfeit substance, or a simulated controlled substance.


b. An offense constituting a violation of chapter 711 involving a robbery or extortion.


c. An offense constituting a violation of section 708.6 involving intimidation with a dangerous weapon.


d. An offense constituting a violation of section 708.8.


e. An offense constituting a violation of section 720.4.


f. Any other offense constituting a forcible felony as defined in section 702.11.


g. An offense constituting a violation of chapter 724.


h. Brandishing a dangerous weapon. For purposes of this paragraph:


(1) “Brandishing a dangerous weapon” means the display or exhibition of a dangerous weapon, with the intent to use, intimidate, or threaten another person without justification, or the actual use of the dangerous weapon in a manner which is intended to or does cause serious injury or death without justification.


(2) “Dangerous weapon” means either of the following:


(a) An instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and that is capable of inflicting death upon a human being when used in the manner for which it was designed.


(b) An instrument or device of any sort whatsoever that is actually used in a manner that indicates the defendant intends to inflict death or serious injury upon another person without justification, and that, when so used, is capable of inflicting death or serious injury upon a human being.


2. “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.


3. “Pattern of criminal gang activity” means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang.


CREDIT(S)


Added by Acts 1990 (73 G.A.) ch. 1251, § 57. Amended by Acts 1995 (76 G.A.) ch. 191, § 51; Acts 1996 (76 G.A.) ch. 1134, § 10; Acts 1997 (77 G.A.) ch. 119, § 2, eff. May 6, 1997; Acts 2002 (79 G.A.) ch. 1075, § 9.


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


I.C.A. § 723A.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 723A. Criminal Street Gangs (Refs & Annos)

723A.2. Criminal gang participation


A person who actively participates in or is a member of a criminal street gang and who willfully aids and abets any criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang, commits a class “D” felony.


CREDIT(S)


Added by Acts 1990 (73 G.A.) ch. 1251, § 58.


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


I.C.A. § 723A.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 723A. Criminal Street Gangs (Refs & Annos)

723A.3. Gang recruitment--penalty


1. A person who solicits, recruits, entices, or intimidates a minor to join a criminal street gang commits a class “C” felony.


2. A person who conspires to solicit, recruit, entice, or intimidate a minor to join a criminal street gang commits a class “D” felony.


CREDIT(S)


Added by Acts 1995 (76 G.A.) ch. 191, § 52.


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


I.C.A. T. XVI, Subt. 1, Ch. 724, 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 724. Weapons



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


I.C.A. § 724.1


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 724. Weapons (Refs & Annos)

724.1. Offensive weapons


An offensive weapon is any device or instrumentality of the following types:


1. A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot, without manual reloading, by a single function of the trigger.


2. A short-barreled rifle or short-barreled shotgun. A short-barreled rifle or short-barreled shotgun is a rifle with a barrel or barrels less than sixteen inches in length or a shotgun with a barrel or barrels less than eighteen inches in length, as measured from the face of the closed bolt or standing breech to the muzzle, or any rifle or shotgun with an overall length less than twenty-six inches.


3. Any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, which fires or can be made to fire a projectile by the explosion of a propellant charge, which has a barrel or tube with the bore of more than six-tenths of an inch in diameter, or the ammunition or projectile therefor, but not including antique weapons kept for display or lawful shooting.


4. A bomb, grenade, or mine, whether explosive, incendiary, or poison gas; any rocket having a propellant charge of more than four ounces; any missile having an explosive charge of more than one-quarter ounce; or any device similar to any of these.


5. A ballistic knife. A ballistic knife is a knife with a detachable blade which is propelled by a spring-operated mechanism, elastic material, or compressed gas.


6. Any part or combination of parts either designed or intended to be used to convert any device into an offensive weapon as described in subsections 1 to 5 of this section, or to assemble into such an offensive weapon, except magazines or other parts, ammunition, or ammunition components used in common with lawful sporting firearms or parts including but not limited to barrels suitable for refitting to sporting firearms.


7. Any bullet or projectile containing any explosive mixture or chemical compound capable of exploding or detonating prior to or upon impact, or any shotshell or cartridge containing exothermic pyrophoric misch metal as a projectile which is designed to throw or project a flame or fireball to simulate a flamethrower.


Notwithstanding section 724.2, no person is authorized to possess in this state a shotshell or cartridge intended to project a flame or fireball of the type described in this section.


8. Any mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired. However, this subsection does not apply to a mechanical device possessed and used by a person solely for the purpose of shooting a deer pursuant to an approved city special deer population control plan if the person has a valid federal permit to possess and use the mechanical device.


9. An offensive weapon or part or combination of parts therefor shall not include the following:


a. An antique firearm. An antique firearm is any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898 or any firearm which is a replica of such a firearm if such replica is not designed or redesigned for using conventional rimfire or centerfire ammunition or which uses only rimfire or centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.


b. A collector's item. A collector's item is any firearm other than a machine gun that by reason of its date of manufacture, value, design, and other characteristics is not likely to be used as a weapon. The commissioner of public safety shall designate by rule firearms which the commissioner determines to be collector's items and shall revise or update the list of firearms at least annually.


c. Any device which is not designed or redesigned for use as a weapon; any device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; or any firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2401, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, §§ 1, 2, eff. Jan. 1, 1979; Acts 1983 (70 G.A.) ch. 7, § 1; Acts 1988 (72 G.A.) ch. 1164, §§ 2, 3; Acts 1992 (74 G.A.) ch. 1004, § 1, eff. March 4, 1992; Acts 2000 (78 G.A.) ch. 1116, § 7.


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


I.C.A. § 724.2


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 724. Weapons (Refs & Annos)

724.2. Authority to possess offensive weapons


Any of the following is authorized to possess an offensive weapon when the person's duties or lawful activities require or permit such possession:


1. Any peace officer.


2. Any member of the armed forces of the United States or of the national guard.


3. Any person in the service of the United States.


4. A correctional officer, serving in an institution under the authority of the Iowa department of corrections.


5. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices.


6. Any person, firm or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention or manufacture of firearms.


7. Any museum or similar place which possesses, solely as relics, offensive weapons which are rendered permanently unfit for use.


8. A resident of this state who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical reenactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.


9. A nonresident who possesses an offensive weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in official functions in this state of a historical reenactment organization of which the person is a member, if the offensive weapon is legally possessed by the person in the person's state of residence and the offensive weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person's possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2402, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 150, § 1, eff. Jan. 1, 1978; Acts 1983 (70 G.A.) ch. 96, § 122, eff. Oct. 1, 1983; Acts 1997 (77 G.A.) ch. 166, § 3.


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


I.C.A. § 724.2A


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 724. Weapons (Refs & Annos)

724.2A. Peace officer defined


As used in sections 724.6 and 724.11 regarding obtaining or renewing a permit for the carrying of weapons, “peace officer” includes a reserve peace officer as defined in section 80D.1A.


CREDIT(S)


Added by Acts 1996 (76 G.A.) ch. 1078, § 1.


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


I.C.A. § 724.3


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 724. Weapons (Refs & Annos)

724.3. Unauthorized possession of offensive weapons


Any person, other than a person authorized herein, who knowingly possesses an offensive weapon commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2403, eff. Jan. 1, 1978.


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


I.C.A. § 724.4


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 724. Weapons (Refs & Annos)

724.4. Carrying weapons


1. Except as otherwise provided in this section, a person who goes armed with a dangerous weapon concealed on or about the person, or who, within the limits of any city, goes armed with a pistol or revolver, or any loaded firearm of any kind, whether concealed or not, or who knowingly carries or transports in a vehicle a pistol or revolver, commits an aggravated misdemeanor.


2. A person who goes armed with a knife concealed on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor.


3. A person who goes armed with a knife concealed on or about the person, if the person does not use the knife in the commission of a crime:


a. If the knife has a blade exceeding eight inches in length, commits an aggravated misdemeanor.


b. If the knife has a blade exceeding five inches but not exceeding eight inches in length, commits a serious misdemeanor.


4. Subsections 1 through 3 do not apply to any of the following:


a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business, or on land owned or possessed by the person.


b. A peace officer, when the officer's duties require the person to carry such weapons.


c. A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the weapons are carried in connection with the person's duties as such.


d. A correctional officer, when the officer's duties require, serving under the authority of the Iowa department of corrections.


e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.


f. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier.


g. A person while the person is lawfully engaged in target practice on a range designed for that purpose or while actually engaged in lawful hunting.


h. A person who carries a knife used in hunting or fishing, while actually engaged in lawful hunting or fishing.


i. A person who has in the person's possession and who displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person, and whose conduct is within the limits of that permit. A person shall not be convicted of a violation of this section if the person produces at the person's trial a permit to carry weapons which was valid at the time of the alleged offense and which would have brought the person's conduct within this exception if the permit had been produced at the time of the alleged offense.


j. A law enforcement officer from another state when the officer's duties require the officer to carry the weapon and the officer is in this state for any of the following reasons:


(1) The extradition or other lawful removal of a prisoner from this state.


(2) Pursuit of a suspect in compliance with chapter 806.


(3) Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety.


k. A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2404, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 3, eff. Jan. 1, 1979; Acts 1980 (68 G.A.) ch. 1015, § 68; Acts 1983 (70 G.A.) ch. 7, § 2; Acts 1983 (70 G.A.) ch. 96, § 123, 159 eff. Oct. 1, 1983; Acts 1987 (72 G.A.) ch. 13, § 5, eff. Apr. 13, 1987; Acts 1988 (72 G.A.) ch. 1164, § 4; Acts 1998 (77 G.A.) ch. 1131, § 3.


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


I.C.A. § 724.4A


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 724. Weapons (Refs & Annos)

724.4A. Weapons free zones--enhanced penalties


1. As used in this section, “weapons free zone” means the area in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or in or on the real property comprising a public park. A weapons free zone shall not include that portion of a public park designated as a hunting area under section 461A.42.


2. Notwithstanding sections 902.9 and 903.1, a person who commits a public offense involving a firearm or offensive weapon, within a weapons free zone, in violation of this or any other chapter shall be subject to a fine of twice the maximum amount which may otherwise be imposed for the public offense.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1172, § 53.


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


I.C.A. § 724.4B


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 724. Weapons (Refs & Annos)

724.4B. Carrying weapons on school grounds--penalty--exceptions


1. A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class “D” felony. For the purposes of this section, “school” means a public or nonpublic school as defined in section 280.2.


2. Subsection 1 does not apply to the following:


a. A person listed under section 724.4, subsection 4, paragraphs “b” through “f” or “j”.


b. A person who has been specifically authorized by the school to go armed, carry, or transport a firearm on the school grounds, including for purposes of conducting an instructional program regarding firearms.


CREDIT(S)


Added by Acts 1995 (76 G.A.) ch. 191, § 53.


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


I.C.A. § 724.4C


Effective: January 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 724. Weapons (Refs & Annos)

724.4C. Possession or carrying of firearms while under the influence


A permit issued under this chapter is invalid if the person to whom the permit is issued is intoxicated as provided in section 321J.2, subsection 1.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 4, eff. Jan. 1, 2011.


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


I.C.A. § 724.5


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 724. Weapons (Refs & Annos)

724.5. Duty to carry permit to carry weapons


A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in the person's immediate possession the permit provided for in section 724.4, subsection 4, paragraph “i”, and shall produce the permit for inspection at the request of a peace officer. Failure to so produce a permit is a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2424, eff. Jan. 1, 1978. Amended by Acts 1990 (73 G.A.) ch. 1168, § 60.


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


I.C.A. § 724.6


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 724. Weapons (Refs & Annos)

724.6. Professional permit to carry weapons


1. A person may be issued a permit to carry weapons when the person's employment in a private investigation business or private security business licensed under chapter 80A, or a person's employment as a peace officer, correctional officer, security guard, bank messenger or other person transporting property of a value requiring security, or in police work, reasonably justifies that person going armed. The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued, other than to a peace officer, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment. A permit issued to a certified peace officer shall authorize that peace officer to go armed anywhere in the state at all times. Permits shall expire twelve months after the date when issued except that permits issued to peace officers and correctional officers are valid through the officer's period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit shall surrender it to the issuing officer for cancellation.


2. Notwithstanding subsection 1, fire fighters, as defined in section 411.1, subsection 10, airport fire fighters included under section 97B.49B, and emergency medical care providers, as defined in section 147A.1, shall not, as a condition of employment, be required to obtain a permit under this section. However, the provisions of this subsection shall not apply to a person designated as an arson investigator by the chief fire officer of a political subdivision.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2405, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 4, eff. Jan. 1, 1979; Acts 1983 (70 G.A.) ch. 7, § 3; Acts 1984 (70 G.A.) ch. 1235, § 17, eff. Jan. 1, 1985; Acts 1993 (75 G.A.) ch. 31, § 1; Acts 1994 (75 G.A.) ch. 1183, § 87; Acts 1995 (76 G.A.) ch. 41, § 26; Acts 1998 (77 G.A.) ch. 1183, § 74; Acts 2004 (80 G.A.) ch. 1103, § 58; Acts 2010 (83 G.A.) ch. 1149, H.F. 2193, § 18.


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


I.C.A. § 724.7


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 724. Weapons (Refs & Annos)

724.7. Nonprofessional permit to carry weapons


1. Any person who is not disqualified under section 724.8, who satisfies the training requirements of section 724.9, and who files an application in accordance with section 724.10 shall be issued a nonprofessional permit to carry weapons. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder of the permit. Such permits shall not be issued for a particular weapon and shall not contain information about a particular weapon including the make, model, or serial number of the weapon or any ammunition used in that weapon. All permits so issued shall be for a period of five years and shall be valid throughout the state except where the possession or carrying of a firearm is prohibited by state or federal law.


2. The commissioner of public safety shall develop a process to allow service members deployed for military service to submit a renewal of a nonprofessional permit to carry weapons early and by mail. In addition, a permit issued to a service member who is deployed for military service, as defined in section 29A.1, subsection 3, 8, or 12, that would otherwise expire during the period of deployment shall remain valid for ninety days after the end of the service member's deployment.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2406, eff. Jan. 1, 1978. Amended by Acts 2010 (83 G.A.) ch. 1170, S.F. 2297, § 6; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 5, eff. Jan. 1, 2011; Acts 2011 (84 G.A.) ch. 47, S.F. 194, § 12; Acts 2012 (84 G.A.) ch. 1072, S.F. 2097, § 40.


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


I.C.A. § 724.8


Effective: January 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 724. Weapons (Refs & Annos)

724.8. Persons ineligible for permit to carry weapons


No professional or nonprofessional permit to carry weapons shall be issued to a person who is subject to any of the following:


1. Is less than eighteen years of age for a professional permit or less than twenty-one years of age for a nonprofessional permit.


2. Is addicted to the use of alcohol.


3. Probable cause exists to believe, based upon documented specific actions of the person, where at least one of the actions occurred within two years immediately preceding the date of the permit application, that the person is likely to use a weapon unlawfully or in such other manner as would endanger the person's self or others.


4. Is subject to the provisions of section 724.26.


5. Has, within the previous three years, been convicted of any serious or aggravated misdemeanor defined in chapter 708 not involving the use of a firearm or explosive.


6. Is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2408, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 23, eff. Jan. 1, 1978. Acts 1978 (67 G.A.) ch. 1174, § 5, eff. Jan. 1, 1979; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 6, eff. Jan. 1, 2011.


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


I.C.A. § 724.9


Effective: January 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 724. Weapons (Refs & Annos)

724.9. Firearm training program


1. An applicant shall demonstrate knowledge of firearm safety by any of the following means:


a. Completion of any national rifle association handgun safety training course.


b. Completion of any handgun safety training course available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the national rifle association or the department of public safety or another state's department of public safety, state police department, or similar certifying body.


c. Completion of any handgun safety training course offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement or security enforcement agency approved by the department of public safety.


d. Completion of small arms training while serving with the armed forces of the United States as evidenced by any of the following:


(1) For personnel released or retired from active duty, possession of an honorable discharge or general discharge under honorable conditions.


(2) For personnel on active duty or serving in one of the national guard or reserve components of the armed forces of the United States, possession of a certificate of completion of basic training with a service record of successful completion of small arms training and qualification.


e. Completion of a law enforcement agency firearms training course that qualifies a peace officer to carry a firearm in the normal course of the peace officer's duties.


2. Evidence of qualification under this section may be documented by any of the following:


a. A photocopy of a certificate of completion or any similar document indicating completion of any course or class identified in subsection 1.


b. An affidavit from the instructor, school, organization, or group that conducted or taught a course or class identified in subsection 1 attesting to the completion of the course or class by the applicant.


c. A copy of any document indicating participation in any firearms shooting competition.


3. An issuing officer shall not condition the issuance of a permit on training requirements that are not specified in or that exceed the requirements of this section.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2407, eff. Jan. 1, 1978. Amended by Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 7, eff. Jan. 1, 2011.


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


I.C.A. § 724.10


Effective: January 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 724. Weapons (Refs & Annos)

724.10. Application for permit to carry weapons-- background check required


1. A person shall not be issued a permit to carry weapons unless the person has completed and signed an application on a form to be prescribed and published by the commissioner of public safety. The application shall require only the full name, driver's license or nonoperator's identification card number, residence, place of birth, and date of birth of the applicant, and shall state whether the applicant meets the criteria specified in sections 724.8 and 724.9. An applicant may provide the applicant's social security number if the applicant so chooses. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and a brief description and colored photograph of the cardholder.


2. The issuing officer, upon receipt of an initial or renewal application under this section, shall immediately conduct a background check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background system maintained by the federal bureau of investigation or any successor agency.


3. A person who makes what the person knows to be a false statement of material fact on an application submitted under this section or who submits what the person knows to be any materially falsified or forged documentation in connection with such an application commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2409, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 24, eff. Jan. 1, 1978; Acts 1978 (67 G.A.) ch. 1174, § 6, eff. Jan. 1, 1979; Acts 1990 (73 G.A.) ch. 1147, § 1, eff. April 5, 1990; Acts 2002 (79 G.A.) ch. 1055, § 1; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 8, eff. Jan. 1, 2011.


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


I.C.A. § 724.11


Effective: January 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 724. Weapons (Refs & Annos)

724.11. Issuance of permit to carry weapons


1. Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications for professional permits to carry weapons for persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the sheriff or commissioner, before issuing the permit, shall determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, for renewal of a permit the training program requirements in section 724.9, subsection 1, shall apply or the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state's department of public safety, state police department, or similar certifying body. Such training or qualification must occur within the twelve-month period prior to the expiration of the applicant's current permit.


2. Neither the sheriff nor the commissioner shall require an applicant for a permit to carry weapons to provide information identifying a particular weapon in the application including the make, model, or serial number of the weapon or any ammunition used in that particular weapon.


3. The issuing officer shall collect a fee of fifty dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of twenty-five dollars, provided the application for such renewal permit is received by the issuing officer at least thirty days prior to the expiration of the applicant's current permit. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to ten dollars for each permit issued and five dollars for each renewal or duplicate permit issued. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Notwithstanding section 8.33, any unspent balance as of June 30 of each year shall not revert to the general fund of the state.


4. The sheriff or commissioner of public safety shall approve or deny an initial or renewal application submitted under this section within thirty days of receipt of the application. A person whose application for a permit under this chapter is denied may seek review of the denial under section 724.21A. The failure to approve or deny an initial or renewal application shall result in a decision of approval.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2410, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 151, § 1, eff. Jan. 1, 1978; Acts 1978 (67 G.A.) ch. 1174, § 7, eff. Jan. 1, 1979; Acts 1991 (74 G.A.) ch. 207, § 1; Acts 1997 (77 G.A.) ch. 23, § 78; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 9, eff. Jan. 1, 2011.


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


I.C.A. § 724.11A


Effective: January 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 724. Weapons (Refs & Annos)

724.11A. Recognition


A valid permit or license issued by another state to any nonresident of this state shall be considered to be a valid permit or license to carry weapons issued pursuant to this chapter, except that such permit or license shall not be considered to be a substitute for an annual permit to acquire pistols or revolvers issued pursuant to section 724.15.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 10, eff. Jan. 1, 2011.


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


I.C.A. § 724.12


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 724. Weapons (Refs & Annos)

724.12. Permit to carry weapons not transferable


Permits to carry weapons shall be issued to a specific person only, and may not be transferred from one person to another.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2411, eff. Jan. 1, 1978.


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


I.C.A. § 724.13


Effective: January 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 724. Weapons (Refs & Annos)

724.13. Suspension or revocation of permit to carry weapons--criminal history background check


1. An issuing officer who finds that a person issued a permit to carry weapons under this chapter has been arrested for a disqualifying offense or is the subject of proceedings that could lead to the person's ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this section shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder's receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter's final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this section may seek review of the decision pursuant to section 724.21A.


2. The issuing officer may annually conduct a background check concerning a person issued a permit by obtaining criminal history data from the department of public safety.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2415, eff. Jan. 1, 1978. Amended by Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 11, eff. Jan. 1, 2011.


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


I.C.A. § 724.14


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 724. Weapons (Refs & Annos)

724.14. Repealed by Acts 1978 (67 G.A.) ch. 1174, § 19, eff. Jan. 1, 1979


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


I.C.A. § 724.15


Effective: January 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 724. Weapons (Refs & Annos)

724.15. Annual permit to acquire pistols or revolvers


1. Any person who desires to acquire ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall be issued upon request to any resident of this state unless the person is subject to any of the following:


a. Is less than twenty-one years of age.


b. Is subject to the provisions of section 724.26.


c. Is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.


2. Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if any of the following apply:


a. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed firearms dealers under federal law.


b. The pistol or revolver acquired is an antique firearm, a collector's item, a device which is not designed or redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device, or a firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition.


c. The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency.


d. The person has obtained a valid permit to carry weapons, as provided in section 724.11.


e. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be disqualified from obtaining a permit.


3. The annual permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1, the issuing officer may immediately revoke the permit and shall provide a written statement of the reasons for revocation, and the applicant shall have the right to appeal the revocation as provided in section 724.21A.


4. An issuing officer who finds that a person issued a permit to acquire pistols or revolvers under this chapter has been arrested for a disqualifying offense or who is the subject of proceedings that could lead to the person's ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this subsection shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder's receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter's final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this subsection may seek review of the decision pursuant to section 724.21A.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2412, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 8, eff. Jan. 1, 1979; Acts 1990 (73 G.A.) ch. 1147, §§ 2, 3, eff. April 5, 1990; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 12, eff. Jan. 1, 2011.


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


I.C.A. § 724.16


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 724. Weapons (Refs & Annos)

724.16. Annual permit to acquire required--transfer prohibited


1. Except as otherwise provided in section 724.15, subsection 2, a person who acquires ownership of a pistol or revolver without a valid annual permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person's possession a valid annual permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor.


2. A person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited by section 724.15 from acquiring ownership of a pistol or revolver commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2417, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 9, eff. Jan. 1, 1979; Acts 1990 (73 G.A.) ch. 1147, § 4, eff. April 5, 1990; Acts 1994 (75 G.A.) ch. 1172, § 54.


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


I.C.A. § 724.16A


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 724. Weapons (Refs & Annos)

724.16A. Trafficking in stolen weapons


A person who knowingly transfers or acquires possession, or who facilitates the transfer, of a stolen firearm commits a class “D” felony for a first offense and a class “C” felony for second and subsequent offenses or if the weapon is used in the commission of a public offense. However, this section shall not apply to a person purchasing stolen firearms through a buy-back program sponsored by a law enforcement agency if the firearms are returned to their rightful owners or destroyed.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1172, § 55. Amended by Acts 1997 (77 G.A.) ch. 119, § 3, eff. May 6, 1997.


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


I.C.A. § 724.17


Effective: January 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 724. Weapons (Refs & Annos)

724.17. Application for annual permit to acquire--criminal history check required


The application for an annual permit to acquire pistols or revolvers may be made to the sheriff of the county of the applicant's residence and shall be on a form prescribed and published by the commissioner of public safety. The application shall require only the full name of the applicant, the driver's license or nonoperator's identification card number of the applicant, the residence of the applicant, and the date and place of birth of the applicant. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety. The sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background system maintained by the federal bureau of investigation or any successor agency. A person who makes what the person knows to be a false statement of material fact on an application submitted under this section or who submits what the person knows to be any materially falsified or forged documentation in connection with such an application commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2418, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 10, eff. Jan. 1, 1979; Acts 1990 (73 G.A.) ch. 1147, § 5, eff. April 5, 1990; Acts 2002 (79 G.A.) ch. 1055, § 2; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 13, eff. Jan. 1, 2011.


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


I.C.A. § 724.18


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 724. Weapons (Refs & Annos)

724.18. Procedure for making application for annual permit to acquire


A person may personally request the sheriff to mail an application for an annual permit to acquire pistols or revolvers, and the sheriff shall immediately forward to such person an application for an annual permit to acquire pistols or revolvers. A person shall upon completion of the application personally deliver such application to the sheriff who shall note the period of validity on the application and shall immediately issue the annual permit to acquire pistols or revolvers to the applicant. For the purposes of this section the date of application shall be the date on which the sheriff received the completed application.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2421, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 11, eff. Jan. 1, 1979.


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


I.C.A. § 724.19


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 724. Weapons (Refs & Annos)

724.19. Issuance of annual permit to acquire


The annual permit to acquire pistols or revolvers shall be issued to the applicant immediately upon completion of the application unless the applicant is disqualified under the provisions of section 724.15 and shall be on a form prescribed and published by the commissioner of public safety. The permit shall contain the name of the permittee, the residence of the permittee, and the effective date of the permit.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2419, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 12, eff. Jan. 1, 1979; Acts 2002 (79 G.A.) ch. 1055, § 3.


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


I.C.A. § 724.20


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 724. Weapons (Refs & Annos)

724.20. Validity of annual permit to acquire pistols or revolvers


The permit shall be valid throughout the state and shall be valid three days after the date of application and shall be invalid one year after the date of application.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2420, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 13, eff. Jan. 1, 1979.


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


I.C.A. § 724.21


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 724. Weapons (Refs & Annos)

724.21. Giving false information when acquiring weapon


A person who gives a false name or presents false identification, or otherwise knowingly gives false material information to one from whom the person seeks to acquire a pistol or revolver, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2413, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 14, eff. Jan. 1, 1979; Acts 1990 (73 G.A.) ch. 1147, § 6, eff. April 5, 1990.


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


I.C.A. § 724.21A


Effective: January 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 724. Weapons (Refs & Annos)

724.21A. Denial, suspension, or revocation of permit to carry weapons or permit to acquire pistols or revolvers


1. In any case where the sheriff or the commissioner of public safety denies an application for or suspends or revokes a permit to carry weapons or an annual permit to acquire pistols or revolvers, the sheriff or commissioner shall provide a written statement of the reasons for the denial, suspension, or revocation and the applicant or permit holder shall have the right to appeal the denial, suspension, or revocation to an administrative law judge in the department of inspections and appeals within thirty days of receiving written notice of the denial, suspension, or revocation.


2. The applicant or permit holder may file an appeal with an administrative law judge by filing a copy of the denial, suspension, or revocation notice with a written statement that clearly states the applicant's reasons rebutting the denial, suspension, or revocation along with a fee of ten dollars. Additional supporting information relevant to the proceedings may also be included.


3. The administrative law judge shall, within forty-five days of receipt of the request for an appeal, set a hearing date. The hearing may be held by telephone or video conference at the discretion of the administrative law judge. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings at the hearing. The hearing shall be conducted pursuant to chapter 17A.


4. Upon conclusion of the hearing, the administrative law judge shall order that the denial, suspension, or revocation of the permit be either rescinded or sustained. An applicant, permit holder, or issuing officer aggrieved by the final judgment of the administrative law judge shall have the right to judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.


5. The standard of review under this section shall be clear and convincing evidence that the issuing officer's written statement of the reasons for the denial, suspension, or revocation constituted probable cause to deny an application or to suspend or revoke a permit.


6. The department of inspections and appeals shall adopt rules pursuant to chapter 17A as necessary to carry out the provisions of this section.


7. In any case where the issuing officer denies an application for, or suspends or revokes a permit to carry weapons or an annual permit to acquire pistols or revolvers solely because of an adverse determination by the national instant criminal background check system, the applicant or permit holder shall not seek relief under this section but may pursue relief of the national instant criminal background check system determination pursuant to Pub. L. No. 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. § 25.10, or other applicable law. The outcome of such proceedings shall be binding on the issuing officer.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 14, eff. Jan. 1, 2011.


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


I.C.A. § 724.22


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 724. Weapons (Refs & Annos)

724.22. Persons under twenty-one--sale, loan, gift, making available--possession


1. Except as provided in subsection 3, a person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor commits a serious misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.


2. Except as provided in subsections 4 and 5, a person who sells, loans, gives, or makes available a pistol or revolver or ammunition for a pistol or revolver to a person below the age of twenty-one commits a serious misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.


3. A parent, guardian, spouse who is eighteen years of age or older, or another with the express consent of the minor's parent or guardian or spouse who is eighteen years of age or older may allow a minor to possess a rifle or shotgun or the ammunition therefor which may be lawfully used.


4. A person eighteen, nineteen, or twenty years of age may possess a firearm and the ammunition therefor while on military duty or while a peace officer, security guard or correctional officer, when such duty requires the possession of such a weapon or while the person receives instruction in the proper use thereof from an instructor who is twenty-one years of age or older.


5. A parent or guardian or spouse who is twenty-one years of age or older, of a person fourteen years of age but less than twenty-one may allow the person to possess a pistol or revolver or the ammunition therefor for any lawful purpose while under the direct supervision of the parent or guardian or spouse who is twenty-one years of age or older, or while the person receives instruction in the proper use thereof from an instructor twenty-one years of age or older, with the consent of such parent, guardian or spouse.


6. For the purposes of this section, caliber .22 rimfire ammunition shall be deemed to be rifle ammunition.


7. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2414, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 15, eff. Jan. 1, 1979; Acts 1990 (73 G.A.) ch. 1147, § 7, eff. April 5, 1990; Acts 1994 (75 G.A.) ch. 1023, § 119; Acts 1994 (75 G.A.) ch. 1172, § 56.


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


I.C.A. § 724.23


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 724. Weapons (Refs & Annos)

724.23. Records kept by commissioner


The commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2416, eff. Jan. 1, 1978. Amended by Acts 1980 (68 G.A.) ch. 1015, § 67; Acts 1983 (70 G.A.) ch. 7, § 4.


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


I.C.A. § 724.24


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 724. Weapons (Refs & Annos)

724.24. Repealed by Acts 2002 (79 G.A.) ch. 1055, § 5


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


I.C.A. § 724.25


Effective: January 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 724. Weapons (Refs & Annos)

724.25. Felony and antique firearm defined


1. As used in section 724.26, the word “felony” means any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less.


2. As used in this chapter an “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. An antique firearm also means a replica of a firearm so described if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or if the replica uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2425, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 17, eff. Jan. 1, 1979; Acts 1986 (71 G.A.) ch. 1065, § 1; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 15, eff. Jan. 1, 2011.


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


I.C.A. § 724.26


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 724. Weapons (Refs & Annos)

724.26. Possession, receipt, transportation, or dominion and control of firearms, offensive weapons, and ammunition by felons and others


1. A person who is convicted of a felony in a state or federal court, or who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person's dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class “D” felony.


2. a. Except as provided in paragraph “b”, a person who is subject to a protective order under 18 U.S.C. § 922(g)(8) or who has been convicted of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9) and who knowingly possesses, ships, transports, or receives a firearm, offensive weapon, or ammunition is guilty of a class “D” felony.


b. This subsection shall not apply to the possession, shipment, transportation, or receipt of a firearm, offensive weapon, or ammunition issued by a state department or agency or political subdivision for use in the performance of the official duties of the person who is the subject of a protective order under 18 U.S.C. § 922(g)(8).


c. For purposes of this section, “misdemeanor crime of domestic violence” means an assault under section 708.1, subsection 1 or 3, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.


3. Upon the issuance of a protective order or entry of a judgment of conviction described in subsection 2, the court shall inform the person who is the subject of such order or conviction that the person shall not possess, ship, transport, or receive a firearm, offensive weapon, or ammunition while such order is in effect or until such conviction is vacated or until the person's rights have been restored in accordance with section 724.27.


4. Except as provided in section 809A.17, subsection 5, paragraph “b”, a court that issues an order or that enters a judgment of conviction described in subsection 2 and that finds the subject of the order or conviction to be in possession of any firearm, offensive weapon, or ammunition shall order that such firearm, offensive weapon, or ammunition be sold or transferred by a date certain to the custody of a qualified person in this state, as determined by the court. The qualified person must be able to lawfully possess such firearm, offensive weapon, or ammunition in this state. If the court is unable to identify a qualified person to receive such firearm, offensive weapon, or ammunition, the court shall order that the firearm, offensive weapon, or ammunition be transferred by a date certain to the county sheriff or a local law enforcement agency designated by the court for safekeeping until a qualified person is identified to receive the firearm, offensive weapon, or ammunition, until such order is no longer in effect, until such conviction is vacated, or until the person's rights have been restored in accordance with section 724.27. If the firearm, offensive weapon, or ammunition is to be transferred to the sheriff's office or a local law enforcement agency, the court shall assess the person the reasonable cost of storing the firearm, offensive weapon, or ammunition, payable to the county sheriff or the local law enforcement agency.


5. Upon entry of an order described in subsection 2, the court shall enter the name, address, date of birth, driver's license number, or other identifying information of the person subject to the order into the Iowa criminal justice information system, the reason for the order, and the date by which the person is required to comply with any relinquishment order issued under subsection 4. At the time such order is no longer in effect, such information relating to the prohibition in subsection 3 shall be deleted from the Iowa criminal justice information system.


6. If a firearm, offensive weapon, or ammunition has been transferred to a qualified person pursuant to subsection 4 and the protective order described in subsection 2 is no longer in effect, the firearm, offensive weapon, or ammunition shall be returned to the person who was subject to the protective order within five days of that person's request to have the firearm, offensive weapon, or ammunition returned.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2426, eff. Jan. 1, 1978. Amended by Acts 1990 (73 G.A.) ch. 1147, § 8, eff. April 5, 1990; Acts 1997 (77 G.A.) ch. 126, § 47; Acts 2002 (79 G.A.) ch. 1055, § 4; Acts 2002 (79 G.A.) ch. 1175, § 94; Acts 2010 (83 G.A.) ch. 1083, S.F. 2357, § 4.


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


I.C.A. § 724.27


Effective: January 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 724. Weapons (Refs & Annos)

724.27. Offenders' rights restored


1. The provisions of section 724.8, section 724.15, subsection 1, and section 724.26 shall not apply to a person who is eligible to have the person's civil rights regarding firearms restored under section 914.7 if any of the following occur:


a. The person is pardoned by the President of the United States or the chief executive of a state for a disqualifying conviction.


b. The person's civil rights have been restored after a disqualifying conviction, commitment, or adjudication.


c. The person's conviction for a disqualifying offense has been expunged.


2. Subsection 1 shall not apply to a person whose pardon, restoration of civil rights, or expungement of conviction expressly forbids the person to receive, transport, or possess firearms or destructive devices.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2427, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1174, § 18, eff. Jan. 1, 1979; Acts 1994 (75 G.A.) ch. 1172, § 57; Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 16, eff. Jan. 1, 2011.


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


I.C.A. § 724.28


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 724. Weapons (Refs & Annos)

724.28. Prohibition of regulation by political subdivisions


A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state. An ordinance regulating firearms in violation of this section existing on or after April 5, 1990, is void.


CREDIT(S)


Added by Acts 1990 (73 G.A.) ch. 1147, § 9, eff. April 5, 1990.


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


I.C.A. § 724.29


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 724. Weapons (Refs & Annos)

724.29. Firearm devices


A person who sells or offers for sale a manual or power-driven trigger activating device constructed and designed so that when attached to a firearm increases the rate of fire of the firearm is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1990 (73 G.A.) ch. 1147, § 10, eff. April 5, 1990.


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


I.C.A. § 724.30


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 724. Weapons (Refs & Annos)

724.30. Reckless use of a firearm


A person who intentionally discharges a firearm in a reckless manner commits the following:


1. A class “C” felony if a serious injury occurs.


2. A class “D” felony if a bodily injury which is not a serious injury occurs.


3. An aggravated misdemeanor if property damage occurs without a serious injury or bodily injury occurring.


4. A simple misdemeanor if no injury to a person or damage to property occurs.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1172, § 58.


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


I.C.A. § 724.31


Effective: April 19, 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 724. Weapons (Refs & Annos)

724.31. Persons subject to firearm disabilities due to mental health commitments or adjudications--relief from disabilities--reports


1. When a court issues an order or judgment under the laws of this state by which a person becomes subject to the provisions of 18 U.S.C. § 922(d)(4) and (g)(4), the clerk of the district court shall forward only such information as is necessary to identify the person to the department of public safety, which in turn shall forward the information to the federal bureau of investigation or its successor agency for the sole purpose of inclusion in the national instant criminal background check system database. The clerk of the district court shall also notify the person of the prohibitions imposed under 18 U.S.C. § 922(d)(4) and (g)(4).


2. A person who is subject to the disabilities imposed by 18 U.S.C. § 922(d)(4) and (g)(4) because of an order or judgment that occurred under the laws of this state may petition the court that issued the order or judgment or the court in the county where the person resides for relief from the disabilities imposed under 18 U.S.C. § 922(d)(4) and (g)(4). A copy of the petition shall also be served on the director of human services and the county attorney at the county attorney's office of the county in which the original order occurred, and the director or the county attorney may appear, support, object to, and present evidence relevant to the relief sought by the petitioner.


3. The court shall receive and consider evidence in a closed proceeding, including evidence offered by the petitioner, concerning all of the following:


a. The circumstances surrounding the original issuance of the order or judgment that resulted in the firearm disabilities imposed by 18 U.S.C. § 922(d)(4) and (g)(4).


b. The petitioner's record, which shall include, at a minimum, the petitioner's mental health records and criminal history records, if any.


c. The petitioner's reputation, developed, at a minimum, through character witness statements, testimony, and other character evidence.


d. Any changes in the petitioner's condition or circumstances since the issuance of the original order or judgment that are relevant to the relief sought.


4. The court shall grant a petition for relief filed pursuant to subsection 2 if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to the public safety and that the granting of the relief would not be contrary to the public interest. A record shall be kept of the proceedings, but the record shall remain confidential and shall be disclosed only to a court in the event of an appeal. The petitioner may appeal a denial of the requested relief, and review on appeal shall be de novo. A person may file a petition for relief under subsection 2 not more than once every two years.


5. If a court issues an order granting a petition for relief filed pursuant to subsection 2, the clerk of the court shall immediately notify the department of public safety of the order granting relief under this section. The department of public safety shall, as soon thereafter as is practicable but not later than ten business days thereafter, update, correct, modify, or remove the petitioner's record in any database that the department of public safety makes available to the national instant criminal background check system and shall notify the United States department of justice that the basis for such record being made available no longer applies.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1178, S.F. 2379, § 17, eff. Jan. 1, 2011. Amended by Acts 2011 (84 G.A.) ch. 72, S.F. 456, § 1, eff. April 19, 2011.


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


I.C.A. T. XVI, Subt. 1, Ch. 725, 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 725. Vice



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


I.C.A. § 725.1


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 725. Vice (Refs & Annos)

725.1. Prostitution


A person who sells or offers for sale the person's services as a partner in a sex act, or who purchases or offers to purchase such services, commits an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2501, eff. Jan. 1, 1978.


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


I.C.A. § 725.2


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 725. Vice (Refs & Annos)

725.2. Pimping


A person who solicits a patron for a prostitute, or who knowingly takes or shares in the earnings of a prostitute, or who knowingly furnishes a room or other place to be used for the purpose of prostitution, whether for compensation or not, commits a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2502, eff. Jan. 1, 1978.


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


I.C.A. § 725.3


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 725. Vice (Refs & Annos)

725.3. Pandering


1. A person who persuades, arranges, coerces, or otherwise causes another, not a minor, to become a prostitute or to return to the practice of prostitution after having abandoned it, or keeps or maintains any premises for the purposes of prostitution or takes a share in the income from such premises knowing the character and content of such income, commits a class “D” felony.


2. A person who persuades, arranges, coerces, or otherwise causes a minor to become a prostitute or to return to the practice of prostitution after having abandoned it, or keeps or maintains any premises for the purpose of prostitution involving minors or knowingly shares in the income from such premises knowing the character and content of such income, commits a class “C” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2503, eff. Jan. 1, 1978. Amended by Acts 1986 (71 G.A.) ch. 1046, § 2; Acts 1987 (72 G.A.) ch. 115, § 82.


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


I.C.A. § 725.4


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 725. Vice (Refs & Annos)

725.4. Leasing premises for prostitution


A person who has rented or let any building, structure or part thereof, boat, trailer or other place offering shelter or seclusion, and who knows, or has reason to know, that the lessee or tenant is using such for the purposes of prostitution, and who does not, immediately upon acquiring such knowledge, terminate the tenancy or effectively put an end to such practice of prostitution in such place, commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2504, eff. Jan. 1, 1978.


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


I.C.A. § 725.5


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 725. Vice (Refs & Annos)

725.5. Keeping gambling houses


Any person who keeps a house, shop, or place resorted to for the purpose of gambling, or permits any person in any house, shop, or other place under the person's control or care to conduct bookmaking or to play at cards, dice, faro, roulette, equality, punchboard, slot machine or other game for money or other thing, commits a serious misdemeanor.


CREDIT(S)


Transferred from § 726.1 for Code 1979.


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


I.C.A. § 725.6


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 725. Vice (Refs & Annos)

725.6. “Keeper” defined


In a prosecution under section 725.5, any person who has the charge of or attends to any such house, shop, or place is the keeper thereof.


CREDIT(S)


Transferred from § 726.2 for Code 1979.


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


I.C.A. § 725.7


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 725. Vice (Refs & Annos)

725.7. Gaming and betting--penalty


1. Except as permitted in chapters 99B and 99D, a person shall not do any of the following:


a. Participate in a game for any sum of money or other property of any value.


b. Make any bet.


c. For a fee, directly or indirectly, give or accept anything of value to be wagered or to be transmitted or delivered for a wager to be placed within or without the state of Iowa.


d. For a fee, deliver anything of value which has been received outside the enclosure of a racetrack licensed under chapter 99D to be placed as wagers in the pari-mutuel pool or other authorized systems of wagering.


e. Engage in bookmaking.


2. A person who violates this section is guilty of the following:


a. Illegal gaming in the fourth degree if the sum of money or value of other property involved does not exceed one hundred dollars. Illegal gaming in the fourth degree constitutes the following:


(1) A serious misdemeanor for a first offense.


(2) An aggravated misdemeanor for a second offense.


(3) A class “D” felony for a third offense.


(4) A class “C” felony for a fourth or subsequent offense.


b. Illegal gaming in the third degree if the sum of money or value of other property involved exceeds one hundred dollars but does not exceed five hundred dollars. Illegal gaming in the third degree constitutes the following:


(1) An aggravated misdemeanor for a first offense.


(2) A class “D” felony for a second offense.


(3) A class “C” felony for a third or subsequent offense.


c. Illegal gaming in the second degree if the sum of money or value of other property involved exceeds five hundred dollars but does not exceed five thousand dollars. Illegal gaming in the second degree constitutes the following:


(1) A class “D” felony for a first offense.


(2) A class “C” felony for a second or subsequent offense.


d. Illegal gaming in the first degree if the sum of money or value of other property involved exceeds five thousand dollars. Illegal gaming in the first degree constitutes a class “C” felony.


CREDIT(S)


Transferred from § 726.3 for Code 1979. Amended by Acts 1983 (70 G.A.) ch. 187, § 34; Acts 1989 (73 G.A.) ch. 296, § 88.


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


I.C.A. § 725.8


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 725. Vice (Refs & Annos)

725.8. Wagers--forfeiture


Property, whether real or personal, offered as a stake, or any moneys, property, or other thing of value staked, paid, bet, wagered, laid, or deposited in connection with or as a part of any game of chance, lottery, gambling scheme or device, gift enterprise, or other trade scheme unlawful under the laws of this state shall be forfeited to the state and said personal property may be seized and disposed of under chapter 809.


CREDIT(S)


Transferred from § 726.4 for Code 1979.


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


I.C.A. § 725.9


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 725. Vice (Refs & Annos)

725.9. Possession of gambling devices prohibited--exception for manufacturing


1. “Antique slot machine” means a slot machine which is twenty-five years old or older.


2. “Gambling device” means a device used or adapted or designed to be used for gambling and includes, but is not limited to, roulette wheels, klondike tables, punchboards, faro layouts, keno layouts, numbers tickets, slot machines, pachislo skill-stop machine or any other similar machine or device, push cards, jar tickets and pull-tabs. However, “gambling device” does not include an antique slot machine, or any device regularly manufactured and offered for sale and sold as a toy, except that any use of such a toy or antique slot machine for gambling purposes constitutes unlawful gambling.


3. A person who, in any manner or for any purpose, except under a proceeding to destroy the device, has in possession or control a gambling device is guilty of a serious misdemeanor.


4. This chapter does not prohibit the possession of gambling devices by a manufacturer or distributor if the possession is solely for sale out of the state in another jurisdiction where possession of the device is legal or for sale in the state or use in the state if the use is licensed pursuant to either chapter 99B or chapter 99G.


CREDIT(S)


Transferred from § 726.5, Code 1979. Amended by Acts 1978 (67 G.A.) ch. 1029, § 54; Acts 1980 (68 G.A.) ch. 1190, § 1; Acts 1985 (71 G.A.) ch. 32, § 118; Acts 1986 (71 G.A.) ch. 1052, § 3; Acts 1990 (73 G.A.) ch. 1062, § 2; Acts 2003 (80 G.A.) ch. 178, § 117, eff. July 1, 2003; Acts 2003 (80 G.A.) ch. 179, § 142, eff. May 30, 2003; Acts 2007 (82 G.A.) ch. 38, S.F. 204, §§ 9, 10.


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


I.C.A. § 725.10


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 725. Vice (Refs & Annos)

725.10. Pool selling--places used


Any person who records or registers bets or wagers or sells pools upon the result of any trial or contest of skill, speed, or power of endurance of human or beast, or upon the result of any political nomination or election, and any person who keeps a place for the purpose of doing any such thing, and any owner, lessee, or occupant of any premises, who knowingly permits the same, or any part thereof, to be used for any such purpose, and anyone who, as custodian or depositary thereof, for hire or reward, receives any money, property, or thing of value staked, wagered, or bet upon any such result, shall be guilty of a serious misdemeanor.


CREDIT(S)


Transferred from § 726.6 for Code 1979. Amended by Acts 1978 (67 G.A.) ch. 1029, § 55.


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


I.C.A. § 725.11


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 725. Vice (Refs & Annos)

725.11. Repealed by Acts 2004 (80 G.A.) ch. 1056, § 9


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


I.C.A. § 725.12


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 725. Vice (Refs & Annos)

725.12. Lotteries and lottery tickets--definition--prosecution


1. If any person makes or aids in making or establishing, or advertises or makes public a scheme for a lottery; or advertises, offers for sale, sells, distributes, negotiates, disposes of, purchases, or receives a ticket or part of a ticket in a lottery or number of a ticket in a lottery; or has in the person's possession a ticket, part of a ticket, or paper purporting to be the number of a ticket of a lottery, with the intent to sell or dispose of the ticket, part of a ticket, or paper on the person's own account or as the agent of another, the person commits a serious misdemeanor. However, this section does not prohibit the advertising of a lottery or possession by a person of a lottery ticket, part of a ticket, or number of a lottery ticket from a lottery legally operated or permitted under the laws of another jurisdiction. This section also does not prohibit the advertising of a lottery, game of chance, contest, or activity conducted by a not-for-profit organization that would qualify as tax exempt under section 501 of the Internal Revenue Code, as defined in section 422.3, or conducted by a commercial organization as a promotional activity which is clearly occasional and ancillary to the primary business of that organization, provided that the effective dates on any promotional activity shall be clearly stated on all promotional materials. A lottery, game of chance, contest, or activity shall be presumed to be a promotional activity which is not occasional if the lottery, game of chance, contest, or activity is in effect or available to the public for a period of more than ninety days within a one-year period.


2. A commercial organization shall not conduct a promotional activity that involves the sale of pull-tab tickets or instant tickets, as defined in section 99G.3, coupons, or tokens that are not authorized by the Iowa lottery authority and that may represent a chance to win a cash prize to be paid on the premises where the chance to win such prize was obtained. This subsection shall not be construed to prohibit a commercial organization from giving away pull-tab tickets, instant tickets, coupons, or tokens free of charge as part of a promotional activity, provided that the other provisions of this section are complied with. For purposes of this subsection, “cash” means United States currency.


3. When used in this section, “lottery” shall mean any scheme, arrangement, or plan whereby one or more prizes are awarded by chance or any process involving a substantial element of chance to a participant, and where some or all participants have paid or furnished a consideration for such chance.


4. For the purpose of determining the existence of a lottery under this section, a consideration shall not be deemed to have been paid or furnished where all or substantially all entries representing chances to win are submitted by means of the internet or the United States mail or by similar delivery method to the person or persons conducting the lottery, game of chance, contest, or activity prior to any prize being awarded, and where one or more of such chances to win may be obtained by participants where no purchase or payment is required to enter or win. In all other cases, a consideration shall be deemed to have been paid or furnished only in such cases where as a direct or indirect requirement or condition of obtaining a chance to win one or more prizes, some or all participants make an expenditure of money or something of monetary value through a purchase, payment of an entry or admission fee, or other payment or the participants are required to make a substantial expenditure of effort; provided, however, that no substantial expenditure of effort shall be deemed to have been expended by any participant solely by reason of the registration of the participant's name, address, and related information, the obtaining of an entry blank or participation sheet, by permitting or taking part in a demonstration of any article or commodity, by making a personal examination of posted lists of prize winners, or by acts of a comparable nature, whether performed or accomplished in person at any store, place of business, or other designated location, through the mails, or by telephone; and further provided, that no participant shall be required to be present in person or by representative at any designated location at the time of the determination of the winner of the prize, and that the winner shall be notified either by the same method used to communicate the offering of the prize or by regular mail.


5. Upon request of the Iowa lottery authority or the division of criminal investigation of the department of public safety, the attorney general shall institute in the name of the state the proper proceedings against a person charged in such request with violating this section, and a county attorney may, at the request of the attorney general, appear and prosecute an action when brought in the county attorney's county.


CREDIT(S)


Transferred from § 726.8 for Code 1979. Amended by Acts 1985 (71 G.A.) ch. 33, § 125, eff. May 3, 1985; Acts 1989 (73 G.A.) ch. 48, § 1, eff. May 1, 1990; Acts 2005 (81 G.A.) ch. 81, H.F. 645, § 1; Acts 2006 (81 G.A.) ch. 1010, H.F. 2543, § 160.


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


I.C.A. § 725.13


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 725. Vice (Refs & Annos)

725.13. Definition of bookmaking


“Bookmaking” means advancing gambling activity by accepting bets upon the outcome of future contingent events as a business other than as permitted in chapters 99B, 99D, and 99F. These events include, but are not limited to, the results of a trial or contest of skill, speed, power, or endurance of a person or beast or between persons, beasts, fowl, motor vehicles, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event.


CREDIT(S)


Added by Acts 1983 (70 G.A.) ch. 187, § 35. Amended by Acts 1989 (73 G.A.) ch. 67, § 27.


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


I.C.A. § 725.14


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 725. Vice (Refs & Annos)

725.14. Exception for state racing and gaming commission and pari-mutuel betting


This chapter does not prohibit the establishment and operation of a state racing and gaming commission and pari-mutuel betting on horse or dog races as provided in chapter 99D.


CREDIT(S)


Added by Acts 1983 (70 G.A.) ch. 187, § 35.


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


I.C.A. § 725.15


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 725. Vice (Refs & Annos)

725.15. Exceptions for legal gambling


Sections 725.5 to 725.10 and 725.12 do not apply to a game, activity, ticket, or device when lawfully possessed, used, conducted, or participated in pursuant to chapter 99B, 99F, or 99G.


CREDIT(S)


Transferred from § 726.11 for Code 1979. Amended by Acts 1985 (71 G.A.) ch. 33, § 126, eff. May 3, 1985; Acts 1986 (71 G.A.) ch. 1125, § 5; Acts 1988 (72 G.A.) ch. 1136, § 2; Acts 1989 (73 G.A.) ch. 67, § 28; Acts 2003 (80 G.A.) ch. 178, § 118, eff. July 1, 2003; Acts 2003 (80 G.A.) ch. 179, § 142, eff. May 30, 2003.


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


I.C.A. § 725.16


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 725. Vice (Refs & Annos)

725.16. Gambling penalty


A person who commits an offense declared in chapter 99B to be a misdemeanor shall be guilty of a serious misdemeanor.


CREDIT(S)


Transferred from § 726.14 for Code 1979. Amended by Acts 1978 (67 G.A.) ch. 1029, § 58; Acts 1992 (74 G.A.) ch. 1203, § 20, eff. July 1, 1992; Acts 2003 (80 G.A.) ch. 147, § 4, eff. May 23, 2003.


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


I.C.A. § 725.17


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 725. Vice (Refs & Annos)

725.17. Protection money prohibited


Any officer or employee of this state, or of a county, city, or judicial district who asks for, receives or collects any money or other consideration for and with the understanding that the officer or employee will aid, exempt, or otherwise protect another person from detection, arrest or conviction of any violation of this chapter or chapter 99B commits an aggravated misdemeanor.


CREDIT(S)


Transferred from § 726.15 for Code 1979. Amended by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 510, eff. Jan. 1, 1978; Acts 1977 (67 G.A.) ch. 147, § 134, eff. Jan. 1, 1978.


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


I.C.A. § 725.18


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 725. Vice (Refs & Annos)

725.18. Collection service prohibited


Any person who knowingly offers, gives or sells the person's services for use in collecting or enforcing any debt arising from gambling, whether or not lawful gambling, commits an aggravated misdemeanor.


CREDIT(S)


Transferred from § 726.16 for Code 1979. Amended by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 510, eff. Jan. 1, 1978; Acts 1977 (67 G.A.) ch. 147, § 134, eff. Jan. 1, 1978.


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


I.C.A. § 725.19


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 725. Vice (Refs & Annos)

725.19. Gambling by underage persons


1. Any person under the age of twenty-one years shall not make or attempt to make a gambling wager, except as permitted under chapter 99B. A person who violates this subsection commits a scheduled violation under section 805.8C, subsection 5, paragraph “a”.


2. A person who knowingly permits a person under the age of twenty-one years to make or attempt to make a gambling wager, except as permitted under chapter 99B, is guilty of a simple misdemeanor.


CREDIT(S)


Added by Acts 2004 (80 G.A.) ch. 1136, § 57. Amended by Acts 2009 (83 G.A.) ch. 88, S.F. 380, § 4.


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


I.C.A. T. XVI, Subt. 1, Ch. 726, 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 726. Protection of the Family and Dependent Persons



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


I.C.A. § 726.1


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.1. Bigamy


Any person, having a living husband or wife, who marries another, commits bigamy. Any of the following is a defense to the charge of bigamy:


1. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated.


2. The person believes, on reasonably convincing evidence, that the prior spouse is dead.


3. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive.


Any person who marries another who the person knows has another living husband or wife commits bigamy. Bigamy is a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2601, eff. Jan. 1, 1978.


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


I.C.A. § 726.2


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.2. Incest


A person, except a child as defined in section 702.5, who performs a sex act with another whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, or nephew, commits incest. Incest is a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2602, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 25, eff. Jan. 1, 1978; Acts 1986 (71 G.A.) ch. 1105, § 1.


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


I.C.A. § 726.3


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.3. Neglect or abandonment of a dependent person


A person who is the father, mother, or some other person having custody of a child, or of any other person who by reason of mental or physical disability is not able to care for the person's self, who knowingly or recklessly exposes such person to a hazard or danger against which such person cannot reasonably be expected to protect such person's self or who deserts or abandons such person, knowing or having reason to believe that the person will be exposed to such hazard or danger, commits a class “C” felony. However, a parent or person authorized by the parent shall not be prosecuted for a violation of this section involving abandonment of a newborn infant, if the parent or the person authorized by the parent has voluntarily released custody of the newborn infant in accordance with section 233.2.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2603, eff. Jan. 1, 1978. Amended by Acts 2001 (79 G.A.) ch. 67, § 11, eff. April 24, 2001; Acts 2002 (79 G.A.) ch. 1119, § 103.


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


I.C.A. § 726.4


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.4. Husband or wife may be witness


In all prosecutions under section 726.3, 726.5 or 726.6, the husband or wife is a competent witness for the state and may testify to relevant acts or communications between them.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2604, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 26, eff. Jan. 1, 1978; Acts 1983 (70 G.A.) ch. 37, § 6.


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


I.C.A. § 726.5


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.5. Nonsupport


A person, who being able to do so, fails or refuses to provide support for the person's child or ward under the age of eighteen years for a period longer than one year or in an amount greater than five thousand dollars commits nonsupport; provided that no person shall be held to have violated this section who fails to support any child or ward under the age of eighteen who has left the home of the parent or other person having legal custody of the child or ward without the consent of that parent or person having legal custody of the child or ward. “Support”, for the purposes of this section, means any support which has been fixed by court order, or, in the absence of any such order or decree, the minimal requirements of food, clothing or shelter. Nonsupport is a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2605, eff. Jan. 1, 1978. Amended by Acts 2006 (81 G.A.) ch. 1119, H.F. 2332, § 8.


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


I.C.A. § 726.6


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.6. Child endangerment


1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:


a. Knowingly acts in a manner that creates a substantial risk to a child or minor's physical, mental or emotional health or safety.


b. By an intentional act or series of intentional acts, uses unreasonable force, torture or cruelty that results in bodily injury, or that is intended to cause serious injury.


c. By an intentional act or series of intentional acts, evidences unreasonable force, torture or cruelty which causes substantial mental or emotional harm to a child or minor.


d. Willfully deprives a child or minor of necessary food, clothing, shelter, health care or supervision appropriate to the child or minor's age, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child or minor's physical, mental or emotional health. For purposes of this paragraph, the failure to provide specific medical treatment shall not for that reason alone be considered willful deprivation of health care if the person can show that such treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. This exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child or minor.


e. Knowingly permits the continuing physical or sexual abuse of a child or minor. However, it is an affirmative defense to this subsection if the person had a reasonable apprehension that any action to stop the continuing abuse would result in substantial bodily harm to the person or the child or minor.


f. Abandons the child or minor to fend for the child or minor's self, knowing that the child or minor is unable to do so.


g. Knowingly permits a child or minor to be present at a location where amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of isomers, is manufactured in violation of section 124.401, subsection 1, or where a product is possessed in violation of section 124.401, subsection 4.


h. Knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 692A. However, this paragraph does not apply to a person who is a parent or guardian of a child or a minor, who is required to register as a sex offender, or to a person who is married to and living with a person required to register as a sex offender.


2. A parent or person authorized by the parent shall not be prosecuted for a violation of subsection 1, paragraph “f”, relating to abandonment, if the parent or person authorized by the parent has voluntarily released custody of a newborn infant in accordance with section 233.2.


3. For the purposes of subsection 1, “person having control over a child or a minor” means any of the following:


a. A person who has accepted, undertaken, or assumed supervision of a child or such a minor from the parent or guardian of the child or minor.


b. A person who has undertaken or assumed temporary supervision of a child or such a minor without explicit consent from the parent or guardian of the child or minor.


c. A person who operates a motor vehicle with a child or such a minor present in the vehicle.


4. A person who commits child endangerment resulting in the death of a child or minor is guilty of a class “B” felony. Notwithstanding section 902.9, subsection 2, a person convicted of a violation of this subsection shall be confined for no more than fifty years.


5. A person who commits child endangerment resulting in serious injury to a child or minor is guilty of a class “C” felony.


6. A person who commits child endangerment resulting in bodily injury to a child or minor or child endangerment in violation of subsection 1, paragraph “g”, that does not result in a serious injury, is guilty of a class “D” felony.


7. A person who commits child endangerment that is not subject to penalty under subsection 4, 5, or 6 is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2606, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 27, eff. Jan. 1, 1978; Acts 1985 (71 G.A.) ch. 180, § 3; Acts 1996 (76 G.A.) ch. 1129, § 109; Acts 2001 (79 G.A.) ch. 3, §§ 2 to 5; Acts 2001 (79 G.A.) ch. 67, § 12, eff. April 24, 2001; Acts 2002 (79 G.A.) ch. 1119, § 104; Acts 2004 (80 G.A.) ch. 1004, § 1; Acts 2004 (80 G.A.) ch. 1151, §§ 3, 4; Acts 2005 (81 G.A.) ch. 158, H.F. 619, § 31; Acts 2007 (82 G.A.) ch. 126, S.F. 333, § 109; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 65.


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


I.C.A. § 726.6A


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.6A. Multiple acts of child endangerment--penalty


A person who engages in a course of conduct including three or more acts of child endangerment as defined in section 726.6 within a period of twelve months involving the same child or a minor with a mental or physical disability, where one or more of the acts results in serious injury to the child or minor or results in a skeletal injury to a child under the age of four years, is guilty of a class “B” felony. Notwithstanding section 902.9, subsection 2, a person convicted of a violation of this section shall be confined for no more than fifty years.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1172, § 59. Amended by Acts 1996 (76 G.A.) ch. 1129, § 110.


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


I.C.A. § 726.7


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.7. Wanton neglect of a resident of a health care facility


1. A person commits wanton neglect of a resident of a health care facility when the person knowingly acts in a manner likely to be injurious to the physical or mental welfare of a resident of a health care facility as defined in section 135C.1.


2. A person who commits wanton neglect resulting in serious injury to a resident of a health care facility is guilty of a class “C” felony.


3. A person who commits wanton neglect not resulting in serious injury to a resident of a health care facility is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2607, eff. Jan. 1, 1978. Amended by Acts 1991 (74 G.A.) ch. 107, § 13.


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


I.C.A. § 726.8


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.8. Wanton neglect or nonsupport of a dependent adult


1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.


2. A person who has legal responsibility either through contract or court order for support of a dependent adult and who fails or refuses to provide support commits nonsupport. Nonsupport is a class “D” felony.


3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult shall be charged with the respective offense unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.


4. For the purposes of this section, “dependent adult” means a dependent adult as defined in section 235B.2, subsection 4, and “caretaker” means a caretaker as defined in section 235B.2, subsection 1.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 182, § 10.


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


I.C.A. § 726.9


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.9. Transferred to § 725.13 for Code 1979


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


I.C.A. § 726.10


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.10. Sexual motivation


A person convicted of any indictable offense under this subchapter shall be required to register as a sex offender pursuant to the provisions of chapter 692A, if the offense was committed against a minor and the fact finder makes a determination that the offense was sexually motivated pursuant to section 692A.126.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 22, eff. March 26, 2010.


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


I.C.A. § 726.11


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


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


I.C.A. § 726.12


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


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


I.C.A. § 726.13


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


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


I.C.A. § 726.14


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


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


I.C.A. § 726.15


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


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


I.C.A. § 726.16


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


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


I.C.A. § 726.17


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


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


I.C.A. § 726.18


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


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


I.C.A. § 726.19


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


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


I.C.A. § 726.20


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


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


I.C.A. § 726.21


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter II. Child Identification and Protection Act

726.21. Short title


This subchapter shall be known as and may be cited as the “Child Identification and Protection Act”.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 132, H.F. 685, § 1.


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


I.C.A. § 726.22


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter II. Child Identification and Protection Act

726.22. Definitions


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


1. “Child” means any person under eighteen years of age.


2. “Governmental unit” means the state, or any county, municipality, or other political subdivision of the state, or any department, board, division, or other agency of any of these entities; an authorized representative of the state, or any county, municipality, or other political subdivision of the state, or of a department, board, division, or other agency of any of these entities; or a school district or an authorized representative of a school district.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 132, H.F. 685, § 2.


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


I.C.A. § 726.23


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 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter II. Child Identification and Protection Act

726.23. Fingerprinting of children prohibited--exception--conditions


1. Except as provided in subsection 2, a governmental unit shall not fingerprint a child.


2. A governmental unit may fingerprint a child if one or more of the following conditions apply:


a. (1) A parent or guardian has given written authorization for the taking of the fingerprints for use in the future in case the child becomes a runaway or a missing child. Only one set of prints shall be taken and the completed fingerprint cards and written authorizations shall be given to the parent or guardian. The fingerprints, written authorizations for fingerprinting, or notice of the fingerprints' existence shall not be recorded, stored, or kept in any manner by a law enforcement agency, except as provided in this subchapter or except at the request of the parent or guardian if the child becomes a runaway or a missing child. When the child is located or the case is otherwise disposed of, the fingerprint cards shall be returned to the parents or guardian.


(2) Nothing in this paragraph “a” shall be construed to prohibit a governmental unit from taking the fingerprints of a child at the Iowa state fair or a county or district fair as defined in section 174.1 as long as the governmental unit complies with the requirements of this paragraph “a”.


b. Fingerprints are required to be taken pursuant to section 232.148, 690.2, or 690.4.


c. Fingerprints are required by court order.


d. Fingerprints are voluntarily given with the written permission of the child and parent or guardian, upon request of a law enforcement officer, to aid in a specific criminal investigation. Only one set of prints shall be taken and, upon completion of the investigation, the law enforcement agency shall return the fingerprint cards to the parent or guardian of the child.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 132, H.F. 685, § 3. Amended by Acts 2008 (82 G.A.) ch. 1038, H.F. 2119, § 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. 727, 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 727. Health, Safety and Welfare



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


I.C.A. § 727.1


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 727. Health, Safety and Welfare (Refs & Annos)

727.1. Distributing dangerous substances


Any person who distributes samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance, commits a simple misdemeanor unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2701, eff. Jan. 1, 1978.


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


I.C.A. § 727.2


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 727. Health, Safety and Welfare (Refs & Annos)

727.2. Fireworks


1. The term “fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term “fireworks” does not include goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols.


2. A person, firm, partnership, or corporation who offers for sale, exposes for sale, sells at retail, or uses or explodes any fireworks, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this section shall include assessment of a fine of not less than two hundred fifty dollars. However, the council of a city or a county board of supervisors may, upon application in writing, grant a permit for the display of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the city or the county board of supervisors when the fireworks display will be handled by a competent operator, but no such permit shall be required for the display of fireworks at the Iowa state fairgrounds by the Iowa state fair board, at incorporated county fairs, or at district fairs receiving state aid. Sales of fireworks for such display may be made for that purpose only.


3. a. This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited by this section, or the sale of any kind of fireworks if they are to be shipped out of the state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization.


b. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2702, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1163, § 120; Acts 1999 (78 G.A.) ch. 153, § 22; Acts 2008 (82 G.A.) ch. 1032, S.F. 2320, § 106.


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


I.C.A. § 727.3


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 727. Health, Safety and Welfare (Refs & Annos)

727.3. Abandoned or unattended refrigerators


Any person who abandons or otherwise leaves unattended any refrigerator, icebox, or similar container, with doors that may become locked, outside of buildings and accessible to children, or any person who allows any such refrigerator, ice box, [FN1] or similar container, to remain outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to children, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2703, eff. Jan. 1, 1978.


[FN1] So in official copy.


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


I.C.A. § 727.4


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 727. Health, Safety and Welfare (Refs & Annos)

727.4. Exposing persons to X-ray radiation


Any person other than one licensed to practice medicine, osteopathic medicine, chiropractic, or dentistry, or one acting under the direction of a person so licensed, who knowingly exposes any other person to X-ray radiation, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2704, eff. Jan. 1, 1978.


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


I.C.A. § 727.5


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 727. Health, Safety and Welfare (Refs & Annos)

727.5. Obstruction of emergency communications


An emergency communication is any telephone call or radio transmission to a fire department or police department for aid, or a call or transmission for medical aid or ambulance service, when human life or property is in jeopardy and the prompt summoning of aid is essential. A person who fails to relinquish a telephone or telephone line which the person is using when informed that the phone or line is needed for an emergency call or knowingly and intentionally obstructs or interferes with an emergency call or transmission commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2705, eff. Jan. 1, 1978. Amended by Acts 1987 (72 G.A.) ch. 12, § 1.


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


I.C.A. § 727.6


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 727. Health, Safety and Welfare (Refs & Annos)

727.6. Falsely claiming emergency


Any person who secures the use of a telephone or telephone line by falsely stating that such telephone or line is needed for an emergency call commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2706, eff. Jan. 1, 1978.


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


I.C.A. § 727.7


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 727. Health, Safety and Welfare (Refs & Annos)

727.7. Publication required


Every telephone company doing business in this state shall print a copy of sections 727.5 and 727.6 in a prominent place in every telephone directory published by it. Any person, firm, or corporation providing telephone service which distributes or causes to be distributed in this state copies of a telephone directory which is subject to the provisions of this section which does not contain the notice herein provided for commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2707, eff. Jan. 1, 1978.


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


I.C.A. § 727.8


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 727. Health, Safety and Welfare (Refs & Annos)

727.8. Electronic and mechanical eavesdropping


Any person, having no right or authority to do so, who taps into or connects a listening or recording device to any telephone or other communication wire, or who by any electronic or mechanical means listens to, records, or otherwise intercepts a conversation or communication of any kind, commits a serious misdemeanor; provided, that the sender or recipient of a message or one who is openly present and participating in or listening to a communication shall not be prohibited hereby from recording such message or communication; and further provided, that nothing herein shall restrict the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2708, eff. Jan. 1, 1978.


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


I.C.A. § 727.9


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 727. Health, Safety and Welfare (Refs & Annos)

727.9. Transacting business without a license


Unless another penalty is specifically provided, any person who without a license carries on or transacts any business or occupation for which a license is required by any law of this state, commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2709, eff. Jan. 1, 1978.


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


I.C.A. § 727.10


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 727. Health, Safety and Welfare (Refs & Annos)

727.10. Exhibiting persons


A person shall not exhibit, place on exhibition, or cause to be exhibited any person without the permission of the person exhibited or the person's parent or guardian. A parent or guardian of an exhibited person shall not receive compensation from the exhibition. A person who violates this section commits a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2506, eff. Jan. 1, 1978. Amended by Acts 1995 (76 G.A.) ch. 168, § 1.


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


I.C.A. § 727.11


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 727. Health, Safety and Welfare (Refs & Annos)

727.11. Disclosure of information concerning use of videotapes--penalty


1. Except as provided in subsection 2, a person engaged in the business of renting, leasing, loaning, or otherwise distributing for a fee videotapes or other like items to individuals for personal use shall not disclose any information which would reveal the identity of an individual renting, leasing, borrowing, or otherwise obtaining through the business a videotape or other like item, except to the extent permitted by the individual as evidenced by the individual's written consent or as otherwise provided in this section.


2. In the absence of consent, the information may be released in any of the following situations:


a. To a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The information shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.


b. To the extent reasonably necessary to collect payment for the rental, lease, or other distribution fee for the materials, if the individual has been given written notice that the payment is due and the individual has failed to pay or arrange for payment within a reasonable time after this notice.


c. If the disclosure is for the exclusive purpose of marketing goods and services directly to the consumer. The person disclosing the information shall inform the customer in writing that the customer may, by written notice, require the person to refrain from disclosing the information pursuant to this paragraph.


3. A person who violates this section commits a simple misdemeanor.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1256, § 2. Amended by Acts 1989 (73 G.A.) ch. 296, § 89; Acts 1996 (76 G.A.) ch. 1034, § 64.


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


I.C.A. T. XVI, Subt. 1, Ch. 727A, 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 727A. Professional Boxing and Wrestling [Transferred]



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


I.C.A. T. XVI, Subt. 1, Ch. 728, 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 728. Obscenity



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


I.C.A. § 728.1


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 728. Obscenity (Refs & Annos)

728.1. Definitions


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


1. “Disseminate” means to transfer possession, with or without consideration.


2. “Knowingly” means being aware of the character of the matter.


3. “Material” means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.


4. “Minor” means any person under the age of eighteen.


5. “Obscene material” is any material depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political or artistic value.


6. “Place of business” means the premises of a business required to obtain a sales tax permit pursuant to chapter 423, the premises of a nonprofit or not-for-profit organization, and the premises of an establishment which is open to the public at large or where entrance is limited by a cover charge or membership requirement.


7. Unless otherwise provided, “prohibited sexual act” means any of the following:


a. A sex act as defined in section 702.17.


b. An act of bestiality involving a minor.


c. Fondling or touching the pubes or genitals of a minor.


d. Fondling or touching the pubes or genitals of a person by a minor.


e. Sadomasochistic abuse of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the abuse.


f. Sadomasochistic abuse of a person by a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the abuse.


g. Nudity of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the nude minor.


8. “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do any of these acts.


9. “Sadomasochistic abuse” means the infliction of physical or mental pain upon a person or the condition of a person being fettered, bound or otherwise physically restrained.


10. “Sex act” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person or by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus.


11. “Visual depiction” means but is not limited to any picture, slide, photograph, digital or electronic image, negative image, undeveloped film, motion picture, videotape, digital or electronic recording, live transmission, or other pictorial or three-dimensional representation.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2801, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 28, eff. Jan. 1, 1978. Acts 1978 (67 G.A.) ch. 1188, § 2; Acts 1983 (70 G.A.) ch. 167, § 1; Acts 1989 (73 G.A.) ch. 263, § 1; Acts 1997 (77 G.A.) ch. 125, § 2, eff. May 2, 1997; Acts 2005 (81 G.A.) ch. 3, S.F. 113, § 111; Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, §§ 5, 6.


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


I.C.A. § 728.2


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 728. Obscenity (Refs & Annos)

728.2. Dissemination and exhibition of obscene material to minors


Any person, other than the parent or guardian of the minor, who knowingly disseminates or exhibits obscene material to a minor, including the exhibition of obscene material so that it can be observed by a minor on or off the premises where it is displayed, is guilty of a public offense and shall upon conviction be guilty of a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2802, eff. Jan. 1, 1978.


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


I.C.A. § 728.3


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 728. Obscenity (Refs & Annos)

728.3. Admitting minors to premises where obscene material is exhibited


1. A person who knowingly sells, gives, delivers, or provides a minor who is not a child with a pass or admits the minor to premises where obscene material is exhibited is guilty of a public offense and upon conviction is guilty of a serious misdemeanor.


2. A person who knowingly sells, gives, delivers, or provides a child with a pass or admits a child to premises where obscene material is exhibited is guilty of a public offense and upon conviction is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2803, eff. Jan. 1, 1978. Amended by Acts 1983 (70 G.A.) ch. 167, § 2.


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


I.C.A. § 728.4


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 728. Obscenity (Refs & Annos)

728.4. Rental or sale of hard-core pornography


A person who knowingly rents, sells, or offers for rental or sale material depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involving humans, or depicting patently offensive representations of masturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking the material as a whole in applying statewide contemporary community standards would find appeals to the prurient interest; and which material, taken as a whole, lacks serious literary, scientific, political, or artistic value, upon conviction is guilty of an aggravated misdemeanor. However, second and subsequent violations of this section by a person who has been previously convicted of violating this section are class “D” felonies. Charges under this section may only be brought by a county attorney or by the attorney general.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2804, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1029, § 59; Acts 1982 (69 G.A.) ch. 1115, § 1; Acts 1983 (70 G.A.) ch. 167, § 3; Acts 1989 (73 G.A.) ch. 263, § 2.


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


I.C.A. § 728.5


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 728. Obscenity (Refs & Annos)

728.5. Public indecent exposure in certain establishments


1. An owner, manager, or person who exercises direct control over a place of business required to obtain a sales tax permit shall be guilty of a serious misdemeanor under any of the following circumstances:


a. If such person allows or permits the actual or simulated public performance of any sex act upon or in such place of business.


b. If such person allows or permits the exposure of the genitals or buttocks or female breast of any person who acts as a waiter or waitress.


c. If such person allows or permits the exposure of the genitals or female breast nipple of any person who acts as an entertainer, whether or not the owner of the place of business in which the activity is performed employs or pays any compensation to such person to perform such activity.


d. If such person allows or permits any person to remain in or upon the place of business who exposes to public view the person's genitals, pubic hair, or anus.


e. If such person advertises that any activity prohibited by this section is allowed or permitted in such place of business.


f. If such person allows or permits a minor to engage in or otherwise perform in a live act intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.


2. However, if such person allows or permits a minor to participate in any act included in subsection 1, paragraphs “a” through “d”, the person shall be guilty of an aggravated misdemeanor.


3. Except for subsection 1, paragraph “f”, the provisions of this section shall not apply to a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2505, eff. Jan. 1, 1978. Amended by Acts 1978 (67 G.A.) ch. 1068, § 6; Acts 1992 (74 G.A.) ch. 1029, § 1; Acts 1997 (77 G.A.) ch. 125, § 3, eff. May 2, 1997; Acts 2010 (83 G.A.) ch. 1078, S.F. 2197, § 2.


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


I.C.A. § 728.6


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 728. Obscenity (Refs & Annos)

728.6. Civil suit to determine obscenity


Whenever the county attorney of any county has reasonable cause to believe that any person is engaged or plans to engage in the dissemination or exhibition of obscene material within the county attorney's county to minors the county attorney may institute a civil proceeding in the district court of the county to enjoin the dissemination or exhibition of obscene material to minors. Such application for injunction is optional and not mandatory and shall not be construed as a prerequisite to criminal prosecution for a violation of this chapter.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2805, eff. Jan. 1, 1978.


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


I.C.A. § 728.7


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 728. Obscenity (Refs & Annos)

728.7. Exemptions for public libraries and educational institutions


Nothing in this chapter prohibits the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program in which the minor is participating. Nothing in this chapter prohibits the attendance of minors at an exhibition or display of art works or the use of any materials in any public library.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2806, eff. Jan. 1, 1978.


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


I.C.A. § 728.8


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 728. Obscenity (Refs & Annos)

728.8. Suspension of licenses or permits


Any person who knowingly permits a violation of section 728.2, 728.3, or 728.5, subsection 1, paragraph “f”, to occur on premises under the person's control shall have all permits and licenses issued to the person under state or local law as a prerequisite for doing business on such premises revoked for a period of six months. The county attorney shall notify all agencies responsible for issuing licenses and permits of any conviction under section 728.2, 728.3, or 728.5, subsection 1, paragraph “f”.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2807, eff. Jan. 1, 1978. Amended by Acts 1992 (74 G.A.) ch. 1029, § 2; Acts 1997 (77 G.A.) ch. 125, § 4, eff. May 2, 1997; Acts 2011 (84 G.A.) ch. 34, S.F. 475, § 148.


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


I.C.A. § 728.9


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 728. Obscenity (Refs & Annos)

728.9. Evidence considered


At a trial for violation of section 728.2 or 728.3 the court may consider the material, and receive into evidence in addition to other competent evidence, the offered testimony of experts pertaining to:


1. The artistic, literary, political or scientific value, if any, of the challenged material.


2. The degree of public acceptance within the community of the material or material of similar character.


3. The intent of the author, artist, producer, publisher or manufacturer in creating the material.


4. The advertising promotion and other circumstances relating to the sale of the material.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2808, eff. Jan. 1, 1978.


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


I.C.A. § 728.10


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 728. Obscenity (Refs & Annos)

728.10. Affirmative defense


In any prosecution for disseminating or exhibiting obscene material to minors, it is an affirmative defense that the defendant had reasonable cause to believe that the minor involved was eighteen years old or more and the minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was eighteen years old or more or was accompanied by a parent or spouse eighteen years of age or more.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2809, eff. Jan. 1, 1978.


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


I.C.A. § 728.11


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 728. Obscenity (Refs & Annos)

728.11. Uniform application


In order to provide for the uniform application of the provisions of this chapter relating to obscene material applicable to minors within this state, it is intended that the sole and only regulation of obscene material shall be under the provisions of this chapter, and no municipality, county or other governmental unit within this state shall make any law, ordinance or regulation relating to the availability of obscene materials. All such laws, ordinances or regulations shall be or become void, unenforceable and of no effect on January 1, 1978. Nothing in this section shall restrict the zoning authority of cities and counties.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2810, eff. Jan. 1, 1978.


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


I.C.A. § 728.12


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 728. Obscenity (Refs & Annos)

728.12. Sexual exploitation of a minor


1. It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. A person must know, or have reason to know, or intend that the act or simulated act may be photographed, filmed, or otherwise preserved in a visual depiction. A person who commits a violation of this subsection commits a class “C” felony. Notwithstanding section 902.9, the court may assess a fine of not more than fifty thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence.


2. It shall be unlawful to knowingly promote any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act. A person who commits a violation of this subsection commits a class “D” felony. Notwithstanding section 902.9, the court may assess a fine of not more than twenty-five thousand dollars for each offense under this subsection in addition to imposing any other authorized sentence.


3. It shall be unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act. A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction. However, violations of this subsection involving multiple visual depictions of the same minor shall be prosecuted and punished as one offense. A person who commits a violation of this subsection commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. For purposes of this subsection, an offense is considered a second or subsequent offense if, prior to the person's having been convicted under this subsection, any of the following apply:


a. The person has a prior conviction or deferred judgment under this subsection.


b. The person has a prior conviction, deferred judgment, or the equivalent of a deferred judgment in another jurisdiction for an offense substantially similar to the offense defined in this subsection. The court shall judicially notice the statutes of other states that define offenses substantially similar to the offense defined in this subsection and that therefore can be considered corresponding statutes.


4. This section does not apply to law enforcement officers, court personnel, licensed physicians, licensed psychologists, or attorneys in the performance of their official duties.


CREDIT(S)


Added by Acts 1978 (67 G.A.) ch. 1188, § 1. Amended by Acts 1983 (70 G.A.) ch. 167, § 4; Acts 1986 (71 G.A.) ch. 1176, §§ 1 to 3; Acts 1989 (73 G.A.) ch. 263, § 3; Acts 2001 (79 G.A.) ch. 17, § 4; Acts 2003 (80 G.A.) ch. 65, §§ 1, 2; Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, §§ 7, 8.


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


I.C.A. § 728.13


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 728. Obscenity (Refs & Annos)

728.13. Repealed by Acts 1985 (71 G.A.) ch. 201, § 21


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


I.C.A. § 728.14


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 728. Obscenity (Refs & Annos)

728.14. Commercial film and photographic print processor reports of depictions of minors engaged in prohibited sexual acts


1. A commercial film and photographic print processor who has knowledge of or observes, within the scope of the processor's professional capacity or employment, a visual depiction of a minor whom the processor knows or reasonably should know to be under the age of eighteen, engaged in a prohibited sexual act or in the simulation of a prohibited sexual act, shall report the visual depiction to the county attorney immediately or as soon as possible as required in this section. The processor shall not report to the county attorney visual depictions involving mere nudity of the minor, but shall report visual depictions involving a prohibited sexual act. This section shall not be construed to require a processor to review all visual depictions delivered to the processor within the processor's professional capacity or employment.


2. For purposes of this section, “prohibited sexual act” means any of the following:


a. A sex act as defined in section 702.17.


b. An act of bestiality involving a minor.


c. Fondling or touching the pubes or genitals of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the act.


d. Fondling or touching the pubes or genitals of a person by a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the act.


e. Sadomasochistic abuse of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the abuse.


f. Sadomasochistic abuse of a person by a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the abuse.


g. Nudity of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the nude minor.


3. A person who violates this section is guilty of a simple misdemeanor.


CREDIT(S)


Added by Acts 1989 (73 G.A.) ch. 263, § 4. Amended by Acts 1994 (75 G.A.) ch. 1128, § 2; Acts 2012 (84 G.A.) ch. 1057, H.F. 2390, § 9.


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


I.C.A. § 728.15


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 728. Obscenity (Refs & Annos)

728.15. Telephone dissemination of obscene material to minors


1. a. As used in this section, “person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmission.


b. A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor.


2. It shall be a defense in any prosecution for a violation of subsection 1 by a person accused of knowingly disseminating obscene material by the use of telephones or telephone facilities to a minor that the person accused has taken either of the following measures to restrict access to the obscene material:


a. The person accused has done all of the following:


(1) Required the person receiving the obscene material to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene material begins.


(2) Previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was eighteen years of age or older.


(3) Established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of eighteen years or that the code is no longer desired.


b. The person accused has required payment by credit card before transmission of the obscene material.


3. Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with subsection 2 is confidential and shall not be sold or otherwise disseminated except upon order of the court.


4. a. A violation of subsection 1 is an aggravated misdemeanor.


b. A violation of subsection 1 by a person who has been previously convicted of a violation of subsection 1 is a class “D” felony.


CREDIT(S)


Added by Acts 1989 (73 G.A.) ch. 263, § 5. Amended by Acts 2009 (83 G.A.) ch. 133, S.F. 449, § 184.


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


I.C.A. T. XVI, Subt. 1, Ch. 729, 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 729. Infringement of Individual Rights



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


I.C.A. § 729.1


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 729. Infringement of Individual Rights (Refs & Annos)

729.1. Religious test


Any violation of Article I, section 4, of the Constitution of the State of Iowa is hereby declared to be a simple misdemeanor unless a greater penalty is otherwise provided by law.


CREDIT(S)


Transferred from § 735.3, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 60; Acts 1995 (76 G.A.) ch. 49, § 26; Acts 2006 (81 G.A.) ch. 1010, H.F. 2543, § 161; Acts 2008 (82 G.A.) ch. 1032, S.F. 2320, § 89.


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


I.C.A. § 729.2


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 729. Infringement of Individual Rights (Refs & Annos)

729.2. Evidence


If any person, agency, bureau, corporation, or association employed or maintained to obtain, or aid in obtaining, positions for others in the public schools, or positions in any other public institutions in the state, or any individual or official connected with any public school or public institution shall ask, indicate, or transmit orally or in writing the religion or religious affiliations of any person seeking employment in the public schools or any other public institutions, it shall constitute evidence of a violation of section 729.1.


CREDIT(S)


Transferred from § 735.4, Code 1977.


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


I.C.A. § 729.3


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 729. Infringement of Individual Rights (Refs & Annos)

729.3. Penalty


Any person, agency, bureau, corporation, or association that violates provisions of section 729.2 shall be guilty of a simple misdemeanor.


CREDIT(S)


Transferred from § 735.5, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 61; Acts 1995 (76 G.A.) ch. 49, § 27.


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


I.C.A. § 729.4


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 729. Infringement of Individual Rights (Refs & Annos)

729.4. Fair employment practices


1. Every person in this state is entitled to the opportunity for employment on equal terms with every other person. A person or employer shall not discriminate in the employment of individuals because of race, religion, color, sex, national origin, or ancestry. However, as to employment an individual must be qualified to perform the services or work required.


2. A labor union or organization or an officer thereof shall not discriminate against any person as to membership therein because of race, religion, color, sex, national origin or ancestry.


3. Any person, employer, labor union or organization or officer of a labor union or organization convicted of a violation of subsection 1 or 2 shall be guilty of a simple misdemeanor.


CREDIT(S)


Transferred from § 735.6, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 62; Acts 1987 (72 G.A.) ch. 74, § 1.


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


I.C.A. § 729.5


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 729. Infringement of Individual Rights (Refs & Annos)

729.5. Violation of individual rights--penalty


1. A person, who acts alone, or who conspires with another person or persons, to injure, oppress, threaten, or intimidate or interfere with any citizen in the free exercise or enjoyment of any right or privilege secured to that person by the constitution or laws of the state of Iowa or by the constitution or laws of the United States, and assembles with one or more persons for the purpose of teaching or being instructed in any technique or means capable of causing property damage, bodily injury or death when the person or persons intend to employ those techniques or means in furtherance of the conspiracy, is on conviction, guilty of a class “D” felony.


A person intimidates or interferes with another person if the act of the person results in any of the following:


a. Physical injury to the other person.


b. Physical damage to or destruction of the other person's property.


c. Communication in a manner, or action in a manner, intended to result in either of the following:


(1) To place the other person in fear of physical contact which will be injurious, insulting, or offensive, coupled with the apparent ability to execute the act.


(2) To place the other person in fear of harm to the other person's property, or harm to the person or property of a third person.


2. This section does not make unlawful the teaching of any technique in self-defense.


3. This section does not make unlawful any activity of any of the following officials or persons:


a. Law enforcement officials of this or any other jurisdiction while engaged in the lawful performance of their official duties.


b. Federal officials required to carry firearms while engaged in the lawful performance of their official duties.


c. Members of the armed forces of the United States or the national guard while engaged in the lawful performance of their official duties.


d. Any conservation commission, law enforcement agency, or any agency licensed to provide security services, or any hunting club, gun club, shooting range, or other organization or entity whose primary purpose is to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection with lawful sporting or other lawful activity.


CREDIT(S)


Added by Acts 1988 (72 G.A.) ch. 1163, § 1. Amended by Acts 1990 (73 G.A.) ch. 1139, § 2; Acts 1992 (74 G.A.) ch. 1157, § 7.


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


I.C.A. § 729.6


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 729. Infringement of Individual Rights (Refs & Annos)

729.6. Genetic testing


1. As used in this section, unless the context otherwise requires:


a. “Employer” means the state of Iowa, or any political subdivision, board, commission, department, institution, or school district, and every other person employing employees within the state.


b. “Employment agency” means a person, including the state, who regularly undertakes to procure employees or opportunities for employment for any other person.


c. “Genetic information” means the same as defined in 29 U.S.C. § 1191b(d)(6).


d. “Genetic services” means the same as defined in 29 U.S.C. § 1191b(d)(8).


e. “Genetic testing” means the same as genetic test as defined in 29 U.S.C. § 1191b(d)(7). “Genetic testing” does not mean routine physical measurement, a routine chemical, blood, or urine analysis, a biopsy, an autopsy, or clinical specimen obtained solely for the purpose of conducting an immediate clinical or diagnostic test to detect an existing disease, illness, impairment, or disorder, or a test for drugs or for human immunodeficiency virus infections.


f. “Health insurance” means a contract, policy, or plan providing for health insurance coverage as defined in section 513B.2.


g. “Health insurer” means a carrier, as defined in section 513B.2.


h. “Labor organization” means any organization which exists for the purpose in whole or in part of collective bargaining, or dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment.


i. “Licensing agency” means a board, commission, committee, council, department, or officer, except a judicial officer, in the state, or in a city, county, township, or local government, authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend a license or certificate of registration.


j. “Third-party administrator” means the same as defined in section 510.11.


k. “Unfair genetic testing” means any test or testing procedure that violates this section.


2. An employer, employment agency, labor organization, licensing agency, or its employees, agents, or members shall not directly or indirectly do any of the following:


a. Solicit, require, or administer a genetic test to a person as a condition of employment, preemployment application, labor organization membership, or licensure.


b. Affect the terms, conditions, or privileges of employment, preemployment application, labor organization membership, or licensure, or terminate the employment, labor organization membership, or licensure of any person who obtains a genetic test.


3. a. A person shall not obtain genetic information or samples for genetic testing from an individual without first obtaining informed and written consent from the individual or the individual's authorized representative.


b. A person shall not perform genetic testing of an individual or collect, retain, transmit, or use genetic information without the informed and written consent of the individual or the individual's authorized representative.


c. The following exceptions apply to the prohibitions in paragraphs “a” and “b”:


(1) To the extent that genetic information or the results of genetic testing may be collected, retained, transmitted, or used without the individual's written and informed consent pursuant to federal or other state law.


(2) To identify an individual in the course of a criminal investigation by a law enforcement agency.


(3) To identify deceased individuals.


(4) To establish parental identity.


(5) To screen newborns.


(6) For the purposes of medical or scientific research and education and for the use of medical repositories and registries so long as the information does not contain personally identifiable information of an individual.


4. a. (1) With respect to health insurance, a third-party administrator or health insurer shall not release genetic information pertaining to an individual without prior written authorization of the individual. Written authorization shall be required for each disclosure and shall include the person to whom the disclosure is being made.


(2) The following exceptions apply to the requirement in subparagraph (1):


(a) Individuals participating in research settings, including individuals governed by the federal policy for the protection of human research subjects.


(b) Tests conducted purely for research, tests for somatic as opposed to heritable mutations, and testing for forensic purposes.


(c) Newborn screening.


(d) Paternity testing.


(e) Criminal investigations.


b. (1) With respect to health insurance, a health insurer shall not discriminate against an individual or a member of the individual's family on the basis of genetic information or genetic testing.


(2) This section shall not require a health insurer to provide particular benefits other than those provided under the terms of the health insurer's plan or coverage. With respect to health insurance, a health insurer shall not consider a genetic propensity, susceptibility, or carrier status as a preexisting condition for the purpose of limiting or excluding benefits, establishing rates, or providing coverage.


(3) With respect to health insurance, a health insurer shall not use genetic information or genetic testing for underwriting health insurance in the individual and group markets.


c. The commissioner of insurance shall adopt rules as necessary for the administration of this subsection.


d. A violation of this subsection is an unfair insurance trade practice under section 507B.4.


5. Except as provided in subsection 9, a person shall not sell to or interpret for an employer, employment agency, labor organization, or licensing agency, or its employees, agents, or members, a genetic test of an employee, labor organization member, or licensee, or of a prospective employee, member, or licensee.


6. An agreement between a person and an employer, prospective employer, employment agency, labor organization, or licensing agency, or its employees, agents, or members offering the person employment, labor organization membership, licensure, or any pay or benefit in return for taking a genetic test is prohibited.


7. An employee, labor organization member, or licensee, or prospective employee, member, or licensee who acted in good faith shall not be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of this section. An employee, labor organization member, or licensee, or prospective employee, member, or licensee discharged, disciplined, or otherwise discriminated against in violation of this section shall be compensated by the employer, employment agency, labor organization, or licensing agency in the amount of any loss of wages and benefits arising out of the discrimination.


8. Subsections 2, 3, 5, 6, and 7 of this section may be enforced through a civil action.


a. A person who violates subsection 2, 3, 5, 6, or 7 of this section or who aids in the violation of subsection 2, 3, 5, 6, or 7 of this section is liable to an aggrieved employee, labor organization member, or licensee, or aggrieved prospective employee, member, or licensee, for affirmative relief including reinstatement or hiring, with or without back pay, membership, licensing, or any other equitable relief as the court deems appropriate including attorney fees and court costs.


b. If a person commits, is committing, or proposes to commit, an act in violation of subsection 2, 3, 5, 6, or 7 of this section, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee, labor organization member, or licensee, or aggrieved prospective employee, member, or licensee, the county attorney, or the attorney general.


c. A person who in good faith brings an action under this subsection alleging that an employer, employment agency, labor organization, or licensing agency has violated subsection 2, 3, 5, 6, or 7 of this section shall establish that sufficient evidence exists upon which a reasonable person could find that a violation has occurred. Upon proof that sufficient evidence exists upon which a finding could be made that a violation has occurred as required under this paragraph, the employer, employment agency, labor organization, or licensing agency has the burden of proving that the requirements of this section were met.


9. This section does not prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:


a. Investigating a workers' compensation claim under chapters 85, 85A, 85B, and 86.


b. Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment as a result of the genetic test.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1059, § 1. Amended by Acts 2007 (82 G.A.) ch. 10, S.F. 74, § 183; Acts 2010 (83 G.A.) ch. 1153, S.F. 2215, §§ 2 to 6; Acts 2010 (83 G.A.) ch. 1193, H.F. 2531, §§ 132, 133.


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


I.C.A. T. XVI, Subt. 1, Ch. 729A, 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 729A. Violation of Individual Rights--Hate Crimes



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


I.C.A. § 729A.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 729A. Violation of Individual Rights--Hate Crimes (Refs & Annos)

729A.1. Violations of an individual's rights prohibited


Persons within the state of Iowa have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 8.


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


I.C.A. § 729A.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 729A. Violation of Individual Rights--Hate Crimes (Refs & Annos)

729A.2. Violation of individual rights--hate crime


“Hate crime” means one of the following public offenses when committed against a person or a person's property because of the person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person's association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability:


1. Assault in violation of individual rights under section 708.2C.


2. Violations of individual rights under section 712.9.


3. Criminal mischief in violation of individual rights under section 716.6A.


4. Trespass in violation of individual rights under section 716.8, subsections 3 and 4.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 9.


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


I.C.A. § 729A.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 729A. Violation of Individual Rights--Hate Crimes (Refs & Annos)

729A.3. Local ordinances


This chapter does not prohibit political subdivisions from enacting ordinances which are consistent with this chapter. Local ordinances reasonably regulating the time, place, or manner of the exercise of constitutional rights are permissible.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 10.


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


I.C.A. § 729A.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 729A. Violation of Individual Rights--Hate Crimes (Refs & Annos)

729A.4. Violation of individual rights--sensitivity training


The prosecuting attorneys training coordinator shall develop a course of instruction for law enforcement personnel and prosecuting attorneys designed to sensitize those persons to the existence of violations of individual rights and the criteria for determining whether a violation of individual rights has occurred. The prosecuting attorneys training coordinator shall consult with the civil rights commission, the office of the attorney general, and the department of public safety regarding the content and provision of this course of instruction.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 11.


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


I.C.A. § 729A.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 729A. Violation of Individual Rights--Hate Crimes (Refs & Annos)

729A.5. Civil remedies


A victim who has suffered physical, emotional, or financial harm as a result of a violation of this chapter due to the commission of a hate crime is entitled to and may bring an action for injunctive relief, general and special damages, reasonable attorney fees, and costs.


An action brought pursuant to this section must be brought within two years after the date of the violation of this chapter.


In an action brought pursuant to this section, the burden of proof shall be the same as in other civil actions for similar relief.


This section does not apply to complaints or discriminatory or unfair practices under chapter 216.


CREDIT(S)


Added by Acts 1992 (74 G.A.) ch. 1157, § 12.


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


I.C.A. T. XVI, Subt. 1, Ch. 730, 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 730. Employer-Employee Offenses



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


I.C.A. § 730.1


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 730. Employer-Employee Offenses (Refs & Annos)

730.1. Punishment


If any person, agent, company, or corporation, after having discharged any employee from service, shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company, or corporation, except by furnishing in writing on request a truthful statement as to the cause of the person's discharge, such person, agent, company, or corporation shall be guilty of a serious misdemeanor and shall be liable for all damages sustained by any such person.


CREDIT(S)


Transferred from § 736.1, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 63.


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


I.C.A. § 730.2


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 730. Employer-Employee Offenses (Refs & Annos)

730.2. Blacklisting employees--treble damages


If any railway company or other company, partnership, or corporation shall authorize or allow any of its or their agents to blacklist any discharged employee, or attempt by word or writing or any other means whatever to prevent such discharged employee, or any employee who may have voluntarily left said company's service, from obtaining employment with any other person or company, except as provided for in section 730.1, such company or partnership shall be liable in treble damages to such employee so prevented from obtaining employment.


CREDIT(S)


Transferred from § 736.2, Code 1977. Amended by Acts 2008 (82 G.A.) ch. 1032, S.F. 2320, § 106.


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


I.C.A. § 730.3


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 730. Employer-Employee Offenses (Refs & Annos)

730.3. False charges concerning honesty


Every person who shall by any letter, mark, sign, or designation whatever, or by any verbal statement, falsely and without probable cause, report to any railroad or any other company or corporation, or to any person or firm, or to any of the officers, servants, agents, or employees of any such corporation, person, or firm, that any conductor, crew member, engineer, stoker, station agent, or any employee of such railroad company, corporation, person, or firm has received any money or thing of value for the transportation of persons or property or for other service for which the person has not accounted to such corporation, person, or firm, or shall falsely and without probable cause report that any conductor, crew member, engineer, stoker, station agent, or other employee of any railroad company, corporation, firm, or person, neglected, failed, or refused to collect any money or ticket for transportation of persons or property or other service when it was their duty so to do, shall, on conviction, be guilty of a simple misdemeanor.


CREDIT(S)


Transferred from § 736.3, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 64.


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


I.C.A. § 730.4


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 730. Employer-Employee Offenses (Refs & Annos)

730.4. Polygraph examination prohibited


1. As used in this section, “polygraph examination” means any procedure which involves the use of instrumentation or a mechanical or electrical device to enable or assist the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding either of these, and includes a lie detector or similar test.


2. An employer shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, knowingly do any of the following:


a. Request or require that an employee or applicant for employment take or submit to a polygraph examination.


b. Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment.


c. Request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited by this section.


3. a. Subsection 2 does not apply to the state or a political subdivision of the state when in the process of selecting any of the following:


(1) A candidate for employment as a peace officer.


(2) A candidate for employment as a corrections officer.


(3) An applicant for a position with a law enforcement agency of a political subdivision of the state when the applicant is being considered for a position in which the employee filling the position has direct access to prisoner funds, any other cash assets, and confidential information.


b. Polygraph examinations under this subsection shall adhere to the published antidiscrimination policy of the state or political subdivision conducting the examination.


4. An employee who acted in good faith shall not be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of this section. An employee discharged, disciplined, or otherwise discriminated against in violation of this section shall be compensated by the employer in the amount of any loss of wages and benefits arising out of the discrimination and shall be restored to the employee's previous position of employment.


5. This section may be enforced through a civil action.


a. A person who violates this section or who aids in the violation of this section is liable to an aggrieved employee or applicant for employment for affirmative relief including reinstatement or hiring, with or without back pay, or any other equitable relief as the court deems appropriate including attorney fees and court costs.


b. When a person commits, is committing, or proposes to commit, an act in violation of this section, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee or applicant for employment, the county attorney, or the attorney general.


A person who in good faith brings an action under this subsection alleging that an employer has required or requested a polygraph examination in violation of this section shall establish that sufficient evidence exists upon which a reasonable person could find that a violation has occurred. Upon proof that sufficient evidence exists upon which a finding could be made that a violation has occurred as required under this paragraph, the employer has the burden of proving that the requirements of this section were met.


6. A person who violates this section commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this section shall include assessment of a fine of not less than two hundred fifty dollars.


CREDIT(S)


Added by Acts 1983 (70 G.A.) ch. 86, §§ 1 to 3. Amended by Acts 1988 (72 G.A.) ch. 1227, § 1; Acts 1999 (78 G.A.) ch. 153, § 23; Acts 2000 (78 G.A.) ch. 1059, § 1.


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


I.C.A. § 730.5


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 730. Employer-Employee Offenses (Refs & Annos)

730.5. Private sector drug-free workplaces


1. Definitions. As used in this section, unless the context otherwise requires:


a. “Alcohol” means ethanol, isopropanol, or methanol.


b. “Confirmed positive test result” means, except for alcohol testing conducted pursuant to subsection 7, paragraph “f”, subparagraph (2), the results of a blood, urine, or oral fluid test in which the level of controlled substances or metabolites in the specimen analyzed meets or exceeds nationally accepted standards for determining detectable levels of controlled substances as adopted by the federal substance abuse and mental health services administration. If nationally accepted standards for oral fluid tests have not been adopted by the federal substance abuse and mental health services administration, the standards for determining detectable levels of controlled substances for purposes of determining a confirmed positive test result shall be the same standard that has been established by the federal food and drug administration for the measuring instrument used to perform the oral fluid test.


c. “Drug” means a substance considered a controlled substance and included in schedule I, II, III, IV, or V under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.


d. “Employee” means a person in the service of an employer in this state and includes the employer, and any chief executive officer, president, vice president, supervisor, manager, and officer of the employer who is actively involved in the day-to-day operations of the business.


e. “Employer” means a person, firm, company, corporation, labor organization, or employment agency, which has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written, in this state. “Employer” does not include the state, a political subdivision of the state, including a city, county, or school district, the United States, the United States postal service, or a Native American tribe.


f. “Good faith” means reasonable reliance on facts, or that which is held out to be factual, without the intent to be deceived, and without reckless, malicious, or negligent disregard for the truth.


g. “Medical review officer” means a licensed physician, osteopathic physician, chiropractor, nurse practitioner, or physician assistant authorized to practice in any state of the United States, who is responsible for receiving laboratory results generated by an employer's drug or alcohol testing program, and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with the individual's medical history and any other relevant biomedical information.


h. “Prospective employee” means a person who has made application, whether written or oral, to an employer to become an employee.


i. “Reasonable suspicion drug or alcohol testing” means drug or alcohol testing based upon evidence that an employee is using or has used alcohol or other drugs in violation of the employer's written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. For purposes of this paragraph, facts and inferences may be based upon, but not limited to, any of the following:


(1) Observable phenomena while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use.


(2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.


(3) A report of alcohol or other drug use provided by a reliable and credible source.


(4) Evidence that an individual has tampered with any drug or alcohol test during the individual's employment with the current employer.


(5) Evidence that an employee has caused an accident while at work which resulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under chapter 88, or resulted in damage to property, including to equipment, in an amount reasonably estimated at the time of the accident to exceed one thousand dollars.


(6) Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.


j. “Safety-sensitive position” means a job wherein an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, including a job with duties that include immediate supervision of a person in a job that meets the requirement of this paragraph.


k. “Sample” means such sample from the human body capable of revealing the presence of alcohol or other drugs, or their metabolites, which shall include only urine, saliva, breath, and blood. However, “sample” does not mean blood except as authorized pursuant to subsection 7, paragraph “l”.


l. “Unannounced drug or alcohol testing” means testing for the purposes of detecting drugs or alcohol which is conducted on a periodic basis, without advance notice of the test to employees, other than employees whose duties include responsibility for administration of the employer's drug or alcohol testing program, subject to testing prior to the day of testing, and without individualized suspicion. The selection of employees to be tested from the pool of employees subject to testing shall be done based on a neutral and objective selection process by an entity independent from the employer and shall be made by a computer-based random number generator that is matched with employees' social security numbers, payroll identification numbers, or other comparable identifying numbers in which each member of the employee population subject to testing has an equal chance of selection for initial testing, regardless of whether the employee has been selected or tested previously. The random selection process shall be conducted through a computer program that records each selection attempt by date, time, and employee number.


2. Applicability. This section does not apply to drug or alcohol tests conducted on employees required to be tested pursuant to federal statutes, federal regulations, or orders issued pursuant to federal law. In addition, an employer, through its written policy, may exclude from the pools of employees subject to unannounced drug or alcohol testing pursuant to subsection 8, paragraph “a”, employee populations required to be tested as described in this subsection.


3. Testing optional. This section does not require or create a legal duty on an employer to conduct drug or alcohol testing and the requirements of this section shall not be construed to encourage, discourage, restrict, limit, prohibit, or require such testing. In addition, an employer may implement and require drug or alcohol testing at some but not all of the work sites of the employer and the requirements of this section shall only apply to the employer and employees who are at the work sites where drug or alcohol testing pursuant to this section has been implemented. A cause of action shall not arise in favor of any person against an employer or agent of an employer based on the failure of the employer to establish a program or policy on substance abuse prevention or to implement any component of testing as permitted by this section.


4. Testing as condition of employment--requirements. To the extent provided in subsection 8, an employer may test employees and prospective employees for the presence of drugs or alcohol as a condition of continued employment or hiring. An employer shall adhere to the requirements of this section concerning the conduct of such testing and the use and disposition of the results of such testing.


5. Collection of samples. In conducting drug or alcohol testing, an employer may require the collection of samples from its employees and prospective employees, and may require presentation of reliable individual identification from the person being tested to the person collecting the samples. Collection of a sample shall be in conformance with the requirements of this section. The employer may designate the type of sample to be used for this testing.


6. Scheduling of tests.


a. Drug or alcohol testing of employees conducted by an employer shall normally occur during, or immediately before or after, a regular work period. The time required for such testing by an employer shall be deemed work time for the purposes of compensation and benefits for employees.


b. An employer shall pay all actual costs for drug or alcohol testing of employees and prospective employees required by the employer.


c. An employer shall provide transportation or pay reasonable transportation costs to employees if drug or alcohol sample collection is conducted at a location other than the employee's normal work site.


7. Testing procedures. All sample collection and testing for drugs or alcohol under this section shall be performed in accordance with the following conditions:


a. The collection of samples shall be performed under sanitary conditions and with regard for the privacy of the individual from whom the specimen is being obtained and in a manner reasonably calculated to preclude contamination or substitution of the specimen. If the sample collected is urine, procedures shall be established to provide for individual privacy in the collection of the sample unless there is a reasonable suspicion that a particular individual subject to testing may alter or substitute the urine specimen to be provided, or has previously altered or substituted a urine specimen provided pursuant to a drug or alcohol test. For purposes of this paragraph, “individual privacy” means a location at the collection site where urination can occur in private, which has been secured by visual inspection to ensure that other persons are not present, which provides that undetected access to the location is not possible during urination, and which provides for the ability to effectively restrict access to the location during the time the specimen is provided. If an individual is providing a urine sample and collection of the urine sample is directly monitored or observed by another individual, the individual who is directly monitoring or observing the collection shall be of the same gender as the individual from whom the urine sample is being collected.


b. Collection of a urine sample for testing of current employees shall be performed so that the specimen is split into two components at the time of collection in the presence of the individual from whom the sample or specimen is collected. The second portion of the specimen or sample shall be of sufficient quantity to permit a second, independent confirmatory test as provided in paragraph “i”. The sample shall be split such that the primary sample contains at least thirty milliliters and the secondary sample contains at least fifteen milliliters. Both portions of the sample shall be forwarded to the laboratory conducting the initial confirmatory testing. In addition to any requirements for storage of the initial sample that may be imposed upon the laboratory as a condition for certification or approval, the laboratory shall store the second portion of any sample until receipt of a confirmed negative test result or for a period of at least forty-five calendar days following the completion of the initial confirmatory testing, if the first portion yielded a confirmed positive test result.


c. Sample collections shall be documented, and the procedure for documentation shall include the following:


(1) Samples, except for samples collected for alcohol testing conducted pursuant to paragraph “f”, subparagraph (2), shall be labeled so as to reasonably preclude the possibility of misidentification of the person tested in relation to the test result provided, and samples shall be handled and tracked in a manner such that control and accountability are maintained from initial collection to each stage in handling, testing, and storage, through final disposition.


(2) An employee or prospective employee shall be provided an opportunity to provide any information which may be considered relevant to the test, including identification of prescription or nonprescription drugs currently or recently used, or other relevant medical information. To assist an employee or prospective employee in providing the information described in this subparagraph, the employer shall provide an employee or prospective employee with a list of the drugs to be tested.


d. Sample collection, storage, and transportation to the place of testing shall be performed so as to reasonably preclude the possibility of sample contamination, adulteration, or misidentification.


e. All confirmatory drug testing shall be conducted at a laboratory certified by the United States department of health and human services' substance abuse and mental health services administration or approved under rules adopted by the Iowa department of public health.


f. Drug or alcohol testing shall include confirmation of any initial positive test results. An employer may take adverse employment action, including refusal to hire a prospective employee, based on a confirmed positive test result for drugs or alcohol.


(1) For drug or alcohol testing, except for alcohol testing conducted pursuant to subparagraph (2), confirmation shall be by use of a different chemical process than was used in the initial screen for drugs or alcohol. The confirmatory drug or alcohol test shall be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method.


(2) Notwithstanding any provision of this section to the contrary, alcohol testing, including initial and confirmatory testing, may be conducted pursuant to requirements established by the employer's written policy. The written policy shall include requirements governing evidential breath testing devices, alcohol screening devices, and the qualifications for personnel administering initial and confirmatory testing, which shall be consistent with regulations adopted as of January 1, 1999, by the United States department of transportation governing alcohol testing required to be conducted pursuant to the federal Omnibus Transportation Employee Testing Act of 1991.


(3) Notwithstanding any provision of this section to the contrary, collection of an oral fluid sample for testing shall be performed in the presence of the individual from whom the sample or specimen is collected. The specimen or sample shall be of sufficient quantity to permit a second, independent, confirmatory test as provided in paragraph “i”. In addition to any requirement for storage of the initial sample that may be imposed upon the laboratory as a condition for certification or approval, the laboratory shall store the unused portion of any sample until receipt of a confirmed negative test result or for a period of at least forty-five calendar days following the completion of the initial confirmatory testing, if the portion yielded a confirmed positive test result.


g. A medical review officer shall, prior to the results being reported to an employer, review and interpret any confirmed positive test results, including both quantitative and qualitative test results, to ensure that the chain of custody is complete and sufficient on its face and that any information provided by the individual pursuant to paragraph “c”, subparagraph (2), is considered. However, this paragraph shall not apply to alcohol testing conducted pursuant to paragraph “f”, subparagraph (2).


h. In conducting drug or alcohol testing pursuant to this section, the laboratory, the medical review officer, and the employer shall ensure, to the extent feasible, that the testing only measure, and the records concerning the testing only show or make use of information regarding, alcohol or drugs in the body.


i. (1) If a confirmed positive test result for drugs or alcohol for a current employee is reported to the employer by the medical review officer, the employer shall notify the employee in writing by certified mail, return receipt requested, of the results of the test, the employee's right to request and obtain a confirmatory test of the second sample collected pursuant to paragraph “b” at an approved laboratory of the employee's choice, and the fee payable by the employee to the employer for reimbursement of expenses concerning the test. The fee charged an employee shall be an amount that represents the costs associated with conducting the second confirmatory test, which shall be consistent with the employer's cost for conducting the initial confirmatory test on an employee's sample. If the employee, in person or by certified mail, return receipt requested, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays the employer the fee for the test within seven days from the date the employer mails by certified mail, return receipt requested, the written notice to the employee of the employee's right to request a test, a second confirmatory test shall be conducted at the laboratory chosen by the employee. The results of the second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory test results and the medical review officer shall review the results and issue a report to the employer on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of a specific drug or alcohol. If the results of the second test do not confirm the results of the initial confirmatory test, the employer shall reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test shall not be considered a confirmed positive test result for drugs or alcohol for purposes of taking disciplinary action pursuant to subsection 10.


(2) If a confirmed positive test result for drugs or alcohol for a prospective employee is reported to the employer by the medical review officer, the employer shall notify the prospective employee in writing of the results of the test, of the name and address of the medical review officer who made the report, and of the prospective employee's right to request records under subsection 13.


j. A laboratory conducting testing under this section shall dispose of all samples for which a negative test result was reported to an employer within five working days after issuance of the negative test result report.


k. Except as necessary to conduct drug or alcohol testing pursuant to this section and to submit the report required by subsection 16, a laboratory or other medical facility shall only report to an employer or outside entity information relating to the results of a drug or alcohol test conducted pursuant to this section concerning the determination of whether the tested individual has engaged in conduct prohibited by the employer's written policy with regard to alcohol or drug use.


l. Notwithstanding the provisions of this subsection, an employer may rely and take action upon the results of any blood test for drugs or alcohol made on any employee involved in an accident at work if the test is administered by or at the direction of the person providing treatment or care to the employee without request or suggestion by the employer that a test be conducted, and the employer has lawfully obtained the results of the test. For purposes of this paragraph, an employer shall not be deemed to have requested or required a test in conjunction with the provision of medical treatment following a workplace accident by providing information concerning the circumstance of the accident.


8. Drug or alcohol testing. Employers may conduct drug or alcohol testing as provided in this subsection:


a. Employers may conduct unannounced drug or alcohol testing of employees who are selected from any of the following pools of employees:


(1) The entire employee population at a particular work site of the employer except for employees not subject to testing pursuant to a collective bargaining agreement, or employees who are not scheduled to be at work at the time the testing is conducted because of the status of the employees or who have been excused from work pursuant to the employer's work policy prior to the time the testing is announced to employees.


(2) The entire full-time active employee population at a particular work site except for employees not subject to testing pursuant to a collective bargaining agreement, or employees who are not scheduled to be at work at the time the testing is to be conducted because of the status of the employee or who have been excused from work pursuant to the employer's working policy.


(3) All employees at a particular work site who are in a pool of employees in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted, other than employees not subject to testing pursuant to a collective bargaining agreement, or employees who are not scheduled to be at work at the time the testing is to be conducted or who have been excused from work pursuant to the employer's work policy prior to the time the testing is announced to employees.


b. Employers may conduct drug or alcohol testing of employees during, and after completion of, drug or alcohol rehabilitation.


c. Employers may conduct reasonable suspicion drug or alcohol testing.


d. Employers may conduct drug or alcohol testing of prospective employees.


e. Employers may conduct drug or alcohol testing as required by federal law or regulation or by law enforcement.


f. Employers may conduct drug or alcohol testing in investigating accidents in the workplace in which the accident resulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under chapter 88, or resulted in damage to property, including to equipment, in an amount reasonably estimated at the time of the accident to exceed one thousand dollars.


9. Written policy and other testing requirements.


a. (1) Drug or alcohol testing or retesting by an employer shall be carried out within the terms of a written policy which has been provided to every employee subject to testing, and is available for review by employees and prospective employees. If an employee or prospective employee is a minor, the employer shall provide a copy of the written policy to a parent of the employee or prospective employee and shall obtain a receipt or acknowledgment from the parent that a copy of the policy has been received. Providing a copy of the written policy to a parent of a minor by certified mail, return receipt requested, shall satisfy the requirements of this subparagraph.


(2) In addition, the written policy shall provide that any notice required by subsection 7, paragraph “i”, to be provided to an individual pursuant to a drug or alcohol test conducted pursuant to this section, shall also be provided to the parent of the individual by certified mail, return receipt requested, if the individual tested is a minor.


(3) In providing information or notice to a parent as required by this paragraph, an employer shall rely on the information regarding the identity of a parent as provided by the minor.


(4) For purposes of this paragraph, “minor” means an individual who is under eighteen years of age and is not considered by law to be an adult, and “parent” means one biological or adoptive parent, a stepparent, or a legal guardian or custodian of the minor.


b. The employer's written policy shall provide uniform requirements for what disciplinary or rehabilitative actions an employer shall take against an employee or prospective employee upon receipt of a confirmed positive test result for drugs or alcohol or upon the refusal of the employee or prospective employee to provide a testing sample. The policy shall provide that any action taken against an employee or prospective employee shall be based only on the results of the drug or alcohol test. The written policy shall also provide that if rehabilitation is required pursuant to paragraph “g”, the employer shall not take adverse employment action against the employee so long as the employee complies with the requirements of rehabilitation and successfully completes rehabilitation.


c. Employers shall establish an awareness program to inform employees of the dangers of drug and alcohol use in the workplace and comply with the following requirements in order to conduct drug or alcohol testing under this section:


(1) If an employer has an employee assistance program, the employer must inform the employee of the benefits and services of the employee assistance program. An employer shall post notice of the employee assistance program in conspicuous places and explore alternative routine and reinforcing means of publicizing such services. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program.


(2) If an employer does not have an employee assistance program, the employer must maintain a resource file of alcohol and other drug abuse programs certified by the Iowa department of public health, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems. The employer shall provide all employees information about the existence of the resource file and a summary of the information contained within the resource file. The summary should contain, but need not be limited to, all information necessary to access the services listed in the resource file.


d. An employee or prospective employee whose drug or alcohol test results are confirmed as positive in accordance with this section shall not, by virtue of those results alone, be considered as a person with a disability for purposes of any state or local law or regulation.


e. If the written policy provides for alcohol testing, the employer shall establish in the written policy a standard for alcohol concentration which shall be deemed to violate the policy. The standard for alcohol concentration shall not be less than .04, expressed in terms of grams of alcohol per two hundred ten liters of breath, or its equivalent.


f. An employee of an employer who is designated by the employer as being in a safety-sensitive position shall be placed in only one pool of safety-sensitive employees subject to drug or alcohol testing pursuant to subsection 8, paragraph “a”, subparagraph (3). An employer may have more than one pool of safety-sensitive employees subject to drug or alcohol testing pursuant to subsection 8, paragraph “a”, subparagraph (3), but shall not include an employee in more than one safety-sensitive pool.


g. Upon receipt of a confirmed positive alcohol test which indicates an alcohol concentration greater than the concentration level established by the employer pursuant to this section, and if the employer has at least fifty employees, and if the employee has been employed by the employer for at least twelve of the preceding eighteen months, and if rehabilitation is agreed upon by the employee, and if the employee has not previously violated the employer's substance abuse prevention policy pursuant to this section, the written policy shall provide for the rehabilitation of the employee pursuant to subsection 10, paragraph “a”, subparagraph (1), and the apportionment of the costs of rehabilitation as provided by this paragraph.


(1) If the employer has an employee benefit plan, the costs of rehabilitation shall be apportioned as provided under the employee benefit plan.


(2) If no employee benefit plan exists and the employee has coverage for any portion of the costs of rehabilitation under any health care plan of the employee, the costs of rehabilitation shall be apportioned as provided by the health care plan with any costs not covered by the plan apportioned equally between the employee and the employer. However, the employer shall not be required to pay more than two thousand dollars toward the costs not covered by the employee's health care plan.


(3) If no employee benefit plan exists and the employee does not have coverage for any portion of the costs of rehabilitation under any health care plan of the employee, the costs of rehabilitation shall be apportioned equally between the employee and the employer. However, the employer shall not be required to pay more than two thousand dollars towards the cost of rehabilitation under this subparagraph.


Rehabilitation required pursuant to this paragraph shall not preclude an employer from taking any adverse employment action against the employee during the rehabilitation based on the employee's failure to comply with any requirements of the rehabilitation, including any action by the employee to invalidate a test sample provided by the employee pursuant to the rehabilitation.


h. In order to conduct drug or alcohol testing under this section, an employer shall require supervisory personnel of the employer involved with drug or alcohol testing under this section to attend a minimum of two hours of initial training and to attend, on an annual basis thereafter, a minimum of one hour of subsequent training. The training shall include, but is not limited to, information concerning the recognition of evidence of employee alcohol and other drug abuse, the documentation and corroboration of employee alcohol and other drug abuse, and the referral of employees who abuse alcohol or other drugs to the employee assistance program or to the resource file maintained by the employer pursuant to paragraph “c”, subparagraph (2).


10. Disciplinary procedures.


a. Upon receipt of a confirmed positive test result for drugs or alcohol which indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary or rehabilitative actions pursuant to the requirements of the employer's written policy and the requirements of this section, which may include, among other actions, the following:


(1) A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, participation in and successful completion of which may be a condition of continued employment, and the costs of which may or may not be covered by the employer's health plan or policies.


(2) Suspension of the employee, with or without pay, for a designated period of time.


(3) Termination of employment.


(4) Refusal to hire a prospective employee.


(5) Other adverse employment action in conformance with the employer's written policy and procedures, including any relevant collective bargaining agreement provisions.


b. Following a drug or alcohol test, but prior to receipt of the final results of the drug or alcohol test, an employer may suspend a current employee, with or without pay, pending the outcome of the test. An employee who has been suspended shall be reinstated by the employer, with back pay, and interest on such amount at eighteen percent per annum compounded annually, if applicable, if the result of the test is not a confirmed positive test result for drugs or alcohol which indicates a violation of the employer's written policy.


11. Employer immunity. A cause of action shall not arise against an employer who has established a policy and initiated a testing program in accordance with the testing and policy safeguards provided for under this section, for any of the following:


a. Testing or taking action based on the results of a positive drug or alcohol test result, indicating the presence of drugs or alcohol, in good faith, or on the refusal of an employee or prospective employee to submit to a drug or alcohol test.


b. Failure to test for drugs or alcohol, or failure to test for a specific drug or controlled substance.


c. Failure to test for, or if tested for, failure to detect, any specific drug or other controlled substance.


d. Termination or suspension of any substance abuse prevention or testing program or policy.


e. Any action taken related to a false negative drug or alcohol test result.


12. Employer liability--false positive test results.


a. Except as otherwise provided in paragraph “b”, a cause of action shall not arise against an employer who has established a program of drug or alcohol testing in accordance with this section, unless all of the following conditions exist:


(1) The employer's action was based on a false positive test result.


(2) The employer knew or clearly should have known that the test result was in error and ignored the correct test result because of reckless, malicious, or negligent disregard for the truth, or the willful intent to deceive or to be deceived.


b. A cause of action for defamation, libel, slander, or damage to reputation shall not arise against an employer establishing a program of drug or alcohol testing in accordance with this section unless all of the following apply:


(1) The employer discloses the test results to a person other than the employer, an authorized employee, agent, or representative of the employer, the tested employee or the tested applicant for employment, an authorized substance abuse treatment program or employee assistance program, or an authorized agent or representative of the tested employee or applicant.


(2) The test results disclosed incorrectly indicate the presence of alcohol or drugs.


(3) The employer negligently discloses the results.


c. In any cause of action based upon a false positive test result, all of the following conditions apply:


(1) The results of a drug or alcohol test conducted in compliance with this section are presumed to be valid.


(2) An employer shall not be liable for monetary damages if the employer's reliance on the false positive test result was reasonable and in good faith.


13. Confidentiality of results--exception.


a. All communications received by an employer relevant to employee or prospective employee drug or alcohol test results, or otherwise received through the employer's drug or alcohol testing program, are confidential communications and shall not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except as otherwise provided or authorized by this section.


b. An employee, or a prospective employee, who is the subject of a drug or alcohol test conducted under this section pursuant to an employer's written policy and for whom a confirmed positive test result is reported shall, upon written request, have access to any records relating to the employee's drug or alcohol test, including records of the laboratory where the testing was conducted and any records relating to the results of any relevant certification or review by a medical review officer. However, a prospective employee shall be entitled to records under this paragraph only if the prospective employee requests the records within fifteen calendar days from the date the employer provided the prospective employee written notice of the results of a drug or alcohol test as provided in subsection 7, paragraph “i”, subparagraph (2).


c. Except as provided by this section and as necessary to conduct drug or alcohol testing under this section and to file a report pursuant to subsection 16, a laboratory and a medical review officer conducting drug or alcohol testing under this section shall not use or disclose to any person any personally identifiable information regarding such testing, including the names of individuals tested, even if unaccompanied by the results of the test.


d. An employer may use and disclose information concerning the results of a drug or alcohol test conducted pursuant to this section under any of the following circumstances:


(1) In an arbitration proceeding pursuant to a collective bargaining agreement, or an administrative agency proceeding or judicial proceeding under workers' compensation laws or unemployment compensation laws or under common or statutory laws where action taken by the employer based on the test is relevant or is challenged.


(2) To any federal agency or other unit of the federal government as required under federal law, regulation or order, or in accordance with compliance requirements of a federal government contract.


(3) To any agency of this state authorized to license individuals if the employee tested is licensed by that agency and the rules of that agency require such disclosure.


(4) To a union representing the employee if such disclosure would be required by federal labor laws.


(5) To a substance abuse evaluation or treatment facility or professional for the purpose of evaluation or treatment of the employee.


However, positive test results from an employer drug or alcohol testing program shall not be used as evidence in any criminal action against the employee or prospective employee tested.


14. Civil penalties--jurisdiction.


a. Any laboratory or medical review officer which discloses information in violation of the provisions of subsection 7, paragraph “h” or “k”, or any employer who, through the selection process described in subsection 1, paragraph “l”, improperly targets or exempts employees subject to unannounced drug or alcohol testing, shall be subject to a civil penalty of one thousand dollars for each violation. The attorney general or the attorney general's designee may maintain a civil action to enforce this subsection. Any civil penalty recovered shall be deposited in the general fund of the state.


b. A laboratory or medical review officer involved in the conducting of a drug or alcohol test pursuant to this section shall be deemed to have the necessary contact with this state for the purpose of subjecting the laboratory or medical review officer to the jurisdiction of the courts of this state.


15. Civil remedies. This section may be enforced through a civil action.


a. A person who violates this section or who aids in the violation of this section, is liable to an aggrieved employee or prospective employee for affirmative relief including reinstatement or hiring, with or without back pay, or any other equitable relief as the court deems appropriate including attorney fees and court costs.


b. When a person commits, is committing, or proposes to commit, an act in violation of this section, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee or prospective employee, the county attorney, or the attorney general.


In an action brought under this subsection alleging that an employer has required or requested a drug or alcohol test in violation of this section, the employer has the burden of proving that the requirements of this section were met.


16. Reports. A laboratory doing business for an employer who conducts drug or alcohol tests pursuant to this section shall file an annual report with the Iowa department of public health by March 1 of each year concerning the number of drug or alcohol tests conducted on employees who work in this state pursuant to this section, the number of positive and negative results of the tests, during the previous calendar year. In addition, the laboratory shall include in its annual report the specific basis for each test as authorized in subsection 8, the type of drug or drugs which were found in the positive drug tests, and all significant available demographic factors relating to the positive test pool.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 208, § 1. Amended by Acts 1990 (73 G.A.) ch. 1188, § 1; Acts 1990 (73 G.A.) ch. 1233, § 42; Acts 1994 (75 G.A.) ch. 1023, § 120; Acts 1998 (77 G.A.) ch. 1011, § 1, eff. April 16, 1998; Acts 1998 (77 G.A.) ch. 1100, § 81; Acts 1998 (77 G.A.) ch. 1138, §§ 32, 33, eff. April 16, 1998; Acts 1999 (78 G.A.) ch. 60, §§ 1 to 7, eff. April 26, 1999; Acts 2004 (80 G.A.) ch. 1081, §§ 1 to 10, eff. April 16, 2004; Acts 2005 (81 G.A.) ch. 3, S.F. 113, § 112; Acts 2007 (82 G.A.) ch. 50, S.F. 284, § 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. 731, 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 731. Labor Union Membership



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


I.C.A. § 731.1


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 731. Labor Union Membership (Refs & Annos)

731.1. Right to join union


It is declared to be the policy of the state of Iowa that no person within its boundaries shall be deprived of the right to work at the person's chosen occupation for any employer because of membership in, affiliation with, withdrawal or expulsion from, or refusal to join, any labor union, organization, or association, and any contract which contravenes this policy is illegal and void.


CREDIT(S)


Transferred from § 736A.1, Code 1977.


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


I.C.A. § 731.2


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 731. Labor Union Membership (Refs & Annos)

731.2. Refusal to employ prohibited


It shall be unlawful for any person, firm, association or corporation to refuse or deny employment to any person because of membership in, or affiliation with, or resignation or withdrawal from, a labor union, organization or association, or because of refusal to join or affiliate with a labor union, organization or association.


CREDIT(S)


Transferred from § 736A.2, Code 1977.


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


I.C.A. § 731.3


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 731. Labor Union Membership (Refs & Annos)

731.3. Contracts to exclude unlawful


It shall be unlawful for any person, firm, association, corporation or labor organization to enter into any understanding, contract, or agreement, whether written or oral, to exclude from employment members of a labor union, organization or association, or persons who do not belong to, or who refuse to join, a labor union, organization or association, or because of resignation or withdrawal therefrom.


CREDIT(S)


Transferred from § 736A.3, Code 1977.


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


I.C.A. § 731.4


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 731. Labor Union Membership (Refs & Annos)

731.4. Union dues as prerequisite to employment--prohibited


It shall be unlawful for any person, firm, association, labor organization or corporation, or political subdivision, either directly or indirectly, or in any manner or by any means as a prerequisite to or a condition of employment to require any person to pay dues, charges, fees, contributions, fines or assessments to any labor union, labor association or labor organization.


CREDIT(S)


Transferred from § 736A.4, Code 1977.


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


I.C.A. § 731.5


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 731. Labor Union Membership (Refs & Annos)

731.5. Deducting dues from pay unlawful


It shall be unlawful for any person, firm, association, labor organization or corporation to deduct labor organization dues, charges, fees, contributions, fines or assessments from an employee's earnings, wages or compensation, unless the employer has first been presented with an individual written order therefor signed by the employee, which written order shall be terminable at any time by the employee giving at least thirty days' written notice of such termination to the employer.


CREDIT(S)


Transferred from § 736A.5, Code 1977.


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


I.C.A. § 731.6


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 731. Labor Union Membership (Refs & Annos)

731.6. Penalty


Any person, firm, association, labor organization, or corporation or any director, officer, representative, agent or member thereof, who shall violate any of the provisions of this chapter or who shall aid and abet in such violation shall be guilty of a serious misdemeanor.


CREDIT(S)


Transferred from § 736A.6, Code 1977. Amended by Acts 1978 (67 G.A.) ch. 1029, § 65.


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


I.C.A. § 731.7


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 731. Labor Union Membership (Refs & Annos)

731.7. Injunction


Additional to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor association or labor organization, or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter, and all of the provisions of the law relating to the granting of restraining orders and injunctions, either temporary or permanent, shall be applicable.


CREDIT(S)


Transferred from § 736A.7, Code 1977.


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


I.C.A. § 731.8


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 731. Labor Union Membership (Refs & Annos)

731.8. Exception


The provisions of this chapter shall not apply to employers or employees covered by the federal Railway Labor Act, 45 U.S.C. § 151 et seq.


CREDIT(S)


Transferred from § 736A.8, Code 1977. Amended by Acts 2011 (84 G.A.) ch. 34, S.F. 475, § 149.


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


I.C.A. § 731.9


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 731. Labor Union Membership (Refs & Annos)

731.9. Relinquishment of seniority rights as a condition of employment prohibited


It is unlawful for any person to refuse or deny employment to a person because the person refuses to relinquish seniority rights earned at a prior place of employment.


CREDIT(S)


Added by Acts 1986 (71 G.A.) ch. 1089, § 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. 731A, 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 731A. Wanton Neglect of Children [Repealed]



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


I.C.A. § 731A.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 731A. Wanton Neglect of Children [Repealed] (Refs & Annos)

731A.1 to 731A.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. § 731A.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 731A. Wanton Neglect of Children [Repealed] (Refs & Annos)

731A.1 to 731A.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. § 731A.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 731A. Wanton Neglect of Children [Repealed] (Refs & Annos)

731A.1 to 731A.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. § 731A.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 731A. Wanton Neglect of Children [Repealed] (Refs & Annos)

731A.1 to 731A.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. 732, 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 732. Labor Boycotts and Strikes



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


I.C.A. § 732.1


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.1. Contracting to boycott or strike in sympathy


It shall be unlawful for any labor union, association or organization, or the officers, representatives, agents or members thereof, to enter into any contract, agreement, arrangement, combination or conspiracy for the purpose of, by strikes or threats of strikes, by violence or threats of violence, by coercion, or by concerted refusal to make, manufacture, assemble, or use, handle, transport, deliver or otherwise deal with any articles, products or materials:


1. To force or require any person, firm or corporation to cease using, selling, handling, transporting or dealing in the goods or products of any other person, firm or corporation, or


2. To force or require any person, firm or corporation to cease selling, transporting or delivering goods or products to any other person, firm or corporation, or


3. To force or require any employer other than their own employer to recognize, deal with, comply with the demands of, or employ members of any labor union, association or organization, or


4. To force or require any employer to break an existing collective bargaining agreement which such employer may have with any labor union, association or organization.


CREDIT(S)


Transferred from Code 1977, § 736B.1.


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


I.C.A. § 732.2


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.2. Carrying out boycott or strike


It shall be unlawful for any labor union, association or organization, or the officers, representatives, agents, or a member or members thereof to carry out or attempt to carry out in this state any contract, agreement, arrangement, combination or conspiracy declared unlawful in section 732.1.


CREDIT(S)


Transferred from Code 1977, § 736B.2.


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


I.C.A. § 732.3


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.3. Jurisdictional strike or slowdown


It shall be unlawful for any labor union, group, association or organization, or the officers, representatives, agents or members thereof, to cause a stoppage or slowdown of the work or a part of the work of an employer because of a dispute between labor unions, groups, associations or organizations, or the officers, representatives, agents or members thereof, with respect to jurisdiction over, or the right to do the work or a part of the work of such employer.


CREDIT(S)


Transferred from Code 1977, § 736B.3.


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


I.C.A. § 732.4


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.4. Penalty


Any person, or any labor union, labor association or labor organization or any officer, representative, agent or member thereof who shall violate any of the provisions of this chapter shall be guilty of a simple misdemeanor.


CREDIT(S)


Transferred from Code 1977, § 736B.4. Amended by Acts 1978 (67 G.A.) ch. 1029, § 66.


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


I.C.A. § 732.5


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.5. Injunction


Additionally to the penal provisions of this chapter, any person, or any labor union, labor association or labor organization or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter, and all of the provisions of the law relating to the granting of restraining orders and injunctions, either temporary or permanent, shall be applicable.


CREDIT(S)


Transferred from Code 1977, § 736B.5.


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


I.C.A. § 732.6


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.6. Hiring professional strikebreakers prohibited


It shall be unlawful for any person, persons, partnership, agency, firm, or corporation, or agent thereof:


1. Unless directly involved in a labor dispute, to knowingly recruit, procure, supply or refer for employment in the place of employees involved in such labor dispute any person or persons who customarily or repeatedly offer themselves as replacements for employees involved in labor disputes.


2. If directly involved in a labor dispute, to knowingly employ in place of employees involved in such dispute persons who customarily or repeatedly offer themselves as replacements for employees involved in labor disputes.


3. To solicit or advertise for employees to replace employees involved in a labor dispute without notice in such solicitation or advertisement that the employment offered is in place of employees engaged in a labor dispute.


4. To enter into an agreement, contract or arrangement with other persons, partnerships, agencies, firms or corporations, or agents thereof, to commit acts prohibited by subsection 1, 2 or 3 of this section.


CREDIT(S)


Transferred from Code 1977, § 736B.6.


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


I.C.A. § 732.7


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.8


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.9


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.10


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.11


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.12


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.13


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.14


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.15


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.16


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.17


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.18


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.19


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.20


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.21


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.22


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.23


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.24


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. § 732.25


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 732. Labor Boycotts and Strikes (Refs & Annos)

732.7 to 732.25. 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. 733, 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 733. Diseased Plants [Repealed]



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


I.C.A. § 733.1


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 733. Diseased Plants [Repealed] (Refs & Annos)

733.1 to 733.3. Repealed by Acts 1976 (66 G.A.) ch. 1056, § 45


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


I.C.A. § 733.2


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 733. Diseased Plants [Repealed] (Refs & Annos)

733.1 to 733.3. Repealed by Acts 1976 (66 G.A.) ch. 1056, § 45


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


I.C.A. § 733.3


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 733. Diseased Plants [Repealed] (Refs & Annos)

733.1 to 733.3. Repealed by Acts 1976 (66 G.A.) ch. 1056, § 45


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


I.C.A. T. XVI, Subt. 1, Ch. 734, 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 734. Destruction of Food Products [Repealed]



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


I.C.A. § 734.1


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 734. Destruction of Food Products [Repealed] (Refs & Annos)

734.1, 734.2. 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. § 734.2


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 734. Destruction of Food Products [Repealed] (Refs & Annos)

734.1, 734.2. 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. 735, 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 735. Infringement of Civil Rights [Transferred]



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


I.C.A. T. XVI, Subt. 1, Ch. 736, 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 736. Blacklisting Employees [Transferred]



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


I.C.A. T. XVI, Subt. 1, Ch. 736A, 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 736A. Labor Union Membership [Transferred]



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


I.C.A. T. XVI, Subt. 1, Ch. 736B, 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 736B. Labor Boycotts and Strikes [Transferred]



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


I.C.A. T. XVI, Subt. 1, Ch. 737, 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 737. Libel [Repealed]



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


I.C.A. § 737.1


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. § 737.2


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. § 737.3


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. § 737.4


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. § 737.5


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. § 737.6


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. § 737.7


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 737. Libel [Repealed] (Refs & Annos)

737.1 to 737.7. 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. 738, 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 738. Bribery and Corruption in Elections [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 739, 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 739. Bribery and Corruption [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 740, 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 740. Misconduct or Neglect in Office [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 741, 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 741. Gratuities and Tips [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 742, 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 742. Resistance to Execution of Process [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 743, 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 743. Unlawful Assembly and Suppression of Riots [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 744, 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 744. Disturbing Public Assemblies [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 745, 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 745. Escapes [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 746, 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 746. Vagrancy [Repealed]



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


I.C.A. T. XVI, Subt. 1, Ch. 747, 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 747. Habitual Criminals [Repealed]



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