Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

“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 in…

A “prostitute” is a person who sells or offers for sale the person’s services as a participant in a sex act. [C79, 81, §702.15 ]

A person is “reckless” or acts recklessly when the person willfully or wantonly disregards the safety of persons or property. [C79, 81, §702.16 ]

The term “sex act” or “sexual activity” means any sexual contact between two or more persons by any of the following: 1. Penetration of the penis into the vagina or anus. 2. Contact between the mouth and genitalia or mouth and anus or by contact between the genitalia of one perso…

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 bodi…

“Steal” means to take by theft. [C79, 81, §702.19 ]

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…

The term “act” includes a failure to do any act which the law requires one to perform. [C79, 81, §702.2 ] Referred to in §670A.1

“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 part…

“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…

An “incendiary device” is a device, contrivance, or material causing or designed to cause destruction of property by fire. [C71, 73, 75, 77, §697.10(2); C79, 81, §702.21 ]

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 o…

“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. [ C81, §702.23 ]

A “visual strip search” means having a person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person. 2015 Acts, ch 71, §1

“Film” means capturing moving images upon a membrane or other thin flexible material coated with light sensitive emulsion; capturing moving images electronically or digitally in such a manner that the images are stored by a computer or other electronic device; or receiving moving…

An “animal” is a nonhuman vertebrate. [C79, 81, §702.3 ]

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. [C79, 81, §702.…

For purposes of Title XVI ,* unless another age is specified, a “child” is any person under the age of fourteen years. [C79, 81, §702.5 ] Referred to in §232.68 , 726.2 , 915.38 *This provision does not include chapters 709A , 718A , 822 , 904 , 913 , and 914 , which were moved i…

The term “controlled substance” means controlled substance as that term is defined and used in chapter 124 . [C79, 81, §702.6 ]

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 posse…

“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…

“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 o…

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 b…

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…

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, wit…

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.…

1. 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: a. The conduct constituting the offense consists of an omission to discharge a specifi…

1. “Reasonable force” means 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 …

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 i…

1. 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…

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 . [C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, § 13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, …

A person who is justified in using reasonable force against an aggressor in defense of oneself, another person, or property pursuant to section 704.4 is immune from criminal or civil liability for all damages incurred by the aggressor pursuant to the application of reasonable for…

1. The term “deadly force” means any of the following: a. Force used for the purpose of causing serious injury. b. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result. c. The discharge of a firearm, other than a f…

1. For purposes of this chapter , a person is presumed to reasonably believe that deadly force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another in either of the following circumstances: a. The person against whom force is used, at the …

1. If a person uses deadly force, the person shall notify or cause another to notify a law enforcement agency about the person’s use of deadly force within a reasonable time period after the person’s use of the deadly force, if the person or another person is capable of providing…

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 actual or imminent use of unlawful force. [C51, §2773 – 2775; R60, §4442 – 4444; C73, §4112 – 4114; C97, §5102 – 5104; C24, …

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 …

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. [C51, §2775; R60, §4444; C73, §4114; C97, §5104; C24, 27, 31, 35, 39, § 12923; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §6…

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.…

A person who reasonably believes that a forcible felony is being or will imminently be perpetrated is justified in using reasonable force, including deadly force, against the perpetrator or perpetrators to prevent or terminate the perpetration of that felony. [C79, 81, §704.7 ] 2…

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 judi…

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. [C79, 81, §704.9 ]

1. A person solicits another person to commit a felony or aggravated misdemeanor when the person commands, entreats, or otherwise attempts to persuade the other person to commit a particular felony or aggravated misdemeanor, with the intent that such act be done and under circums…

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 a…

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…

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 a…