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

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 volun…

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 absen…

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 pornogra…

1. A person who knowingly engages in human trafficking is guilty of a class “B” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “A” felony. 2. A person who knowingly engages in human trafficking by causing or threatening to cause se…

A person shall not entice, coerce, or recruit, or attempt to entice, coerce, or recruit, either a person who is under the age of eighteen or a law enforcement officer or agent who is representing that the officer or agent is under the age of eighteen, to engage in a commercial se…

1. A person who owns, rents, leases, or uses any part of a building, structure, boat, trailer, or other place offering shelter or seclusion, and who knows, or has reason to know, that the building, structure, boat, trailer, or other place offering shelter or seclusion is being us…

It shall be an affirmative defense, in addition to any other affirmative defenses for which a defendant may be eligible, to a prosecution for a criminal violation of section 152C.5B , 152C.5C , 157.4A , 157.4B , 710A.2 , 710A.2A , or 710A.2B , that the violation directly resulted…

1. For purposes of this section , “restorative expenses” means the projected costs of education, vocational training, medical health, mental health, transportation, housing, child care, or other projected costs that will aid in a victim’s recovery. 2. The gross income of a defend…

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 immi…

The crime victim assistance division of the department of justice, in cooperation with other governmental agencies and nongovernmental or community organizations, shall develop and conduct outreach, public awareness, and training programs for the general public, law enforcement a…

If during the course of an investigation or prosecution under this chapter a peace officer has reason to believe that a person who purports to be licensed pursuant to chapter 152C or 157 does not possess a valid license or is in violation of any other state or federal laws, the p…

1. 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: a. Commits an assault up…

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. [C51, §2579; R60, §4202; C73, §3859; C97, …

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. [C51, §2580; R60, §4203; C73, §3860; C97, §4755; C24, 27, 31, 35, 39, § 13040; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §711.3 ] 2016 …

1. A person commits aggravated theft when the person commits an assault as defined in section 708.1, subsection 2 , paragraph “a” , that is punishable as a simple misdemeanor under section 708.2, subsection 7 , after the person has removed or attempted to remove property not exce…

1. 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: a. Threatens to inflict physical injury on some person, or to commit any public offen…

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 da…

For purposes of this chapter , “destructive device” means the same as defined in section 101A.1 . 2023 Acts, ch 12, §5, 8

1. 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. 2. Arson in the first degree is …

1. 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 seven hundred fifty …

1. Arson which is not arson in the first degree or arson in the second degree is arson in the third degree. 2. Arson in the third degree is an aggravated misdemeanor. [C79, 81, §712.4 ] 2020 Acts, ch 1062, §72 Referred to in §712.9

Any person who uses fire, explosives, or destructive devices to recklessly endanger the property or safety of another shall be guilty of a serious misdemeanor. [C51, §2607; R60, §4231; C73, §3889; C97, §4785; C24, 27, 31, 35, 39, § 12992; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, …

1. A person who possesses any explosive material or destructive device 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 explosive material or destructive device shall be guilty of an …

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…

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. [C71, 73, 75, 77, §697.7; C79, 81, §712.8 ] Referred …

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. 92 Acts, ch 1157, §4 Referred to in §729A.2

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 th…

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 …

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…

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…

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 dangerou…

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 ma…

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 unoccupi…

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. Attempt…

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. [C97, §4790; S13, §4790; C24, 27, 31, 35, 39, § 13000; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.7; C79…

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 prope…

1. Fraudulent practice in the second degree is the following: a. A fraudulent practice where the amount of money or value of property or services involved exceeds one thousand five hundred dollars but does not exceed ten thousand dollars. b. A fraudulent practice where the amount…

1. Fraudulent practice in the third degree is the following: a. A fraudulent practice where the amount of money or value of property or services involved exceeds seven hundred fifty dollars but does not exceed one thousand five hundred dollars. b. A fraudulent practice as set for…

1. Fraudulent practice in the fourth degree is a fraudulent practice where the amount of money or value of property or services involved exceeds three hundred dollars but does not exceed seven hundred fifty dollars. 2. Fraudulent practice in the fourth degree is a serious misdeme…

1. 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 three hundred dollars. 2. Fraudulent practice in the fifth degree is a simple misdemeanor. [C79, 81, §714.13 ] 92 Acts, ch 1060,…

1. 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. 2. If money, property, o…

1. For the purposes of this section : a. “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 ot…

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. “Contaminant” means any ph…

1. a. If a person violates section 714.16 , and the violation is committed against an older individual, 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 e…

1. 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 …

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, ci…