reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.18 - Public records.

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.
[C75, 77, §749B.18; C79, 81, §692.18]
96 Acts, ch 1150, §8; 2003 Acts, ch 14, §4, 5; 2009 Acts, ch 133, §174
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.19 - Confidential records — commissioner’s responsibility.

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.
[C75, 77, §749B.19; C79, 81, §692.19]
86 Acts, ch 1245, §1607; 88 Acts, ch 1134, §113; 95 Acts, ch 191, §47
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.20 - Motor vehicle operator’s record exempt.

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.
[C75, 77, §749B.20; C79, 81, §692.20]
96 Acts, ch 1150, §9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.21 - Data to agency making arrest or taking juvenile into custody.

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.
[C81, §692.21]
95 Acts, ch 191, §48; 96 Acts, ch 1034, §57
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692 - CRIMINAL HISTORY AND INTELLIGENCE DATA › Section 692.22 - Stalking information.

692.22 Stalking information.
1. 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.
2. 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.
98 Acts, ch 1021, §3; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.105 - Additional registration requirements — temporary lodging.

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.
2009 Acts, ch 119, §5
Referred to in §692A.107, 692A.108, 692A.111
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.106 - Duration of registration.

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, upon a second or subsequent conviction that requires a second registration, upon conviction of an aggravated offense, or if the sex offender has previously been convicted of one or more offenses that would have required registration under this chapter, shall 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.
8. A sex offender who is required to register in another jurisdiction under the other jurisdiction’s sex offender registry but who resides, is employed, or attends school in this state shall be required to register for a period of time equal to the period of time required under the other jurisdiction’s requirements or under Iowa law, whichever is longer.
2009 Acts, ch 119, §6; 2010 Acts, ch 1104, §8, 23; 2021 Acts, ch 89, §2; 2022 Acts, ch 1021, §171
Subsection 5 amended
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.107 - Tolling of registration period.

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.
2009 Acts, ch 119, §7
Referred to in §692A.103
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.110 - Registration fees and civil penalty for offenders.

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 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.
2009 Acts, ch 119, §10; 2021 Acts, ch 145, §7
Referred to in §602.8105, 602.8108, 692A.119
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.111 - Failure to comply — penalty.

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.
2009 Acts, ch 119, §11; 2010 Acts, ch 1104, §9, 23
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.112 - Knowingly providing false information.

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.
2009 Acts, ch 119, §12
Referred to in §692A.107, 692A.111
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.114 - Residency restrictions — presence — child care facilities and schools.

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.
2009 Acts, ch 119, §14
Referred to in §692A.107, 692A.109, 692A.111, 692A.121, 692A.123, 692A.129
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.115 - Employment where dependent adults reside.

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.
2009 Acts, ch 119, §15; 2010 Acts, ch 1192, §83
Referred to in §692A.107, 692A.111
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.116 - Determination of requirement to register.

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.
2009 Acts, ch 119, §16
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.117 - Registration forms and electronic registration system.

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.
2009 Acts, ch 119, §17
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.119 - Sex offender registry fund.

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.
2009 Acts, ch 119, §19
Referred to in §602.8108
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.120 - Duties of the sheriff.

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.
2009 Acts, ch 119, §20
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.122 - Cooperation with registration.

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.
2009 Acts, ch 119, §22
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.123 - Immunity for good faith conduct.

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.
2009 Acts, ch 119, §23; 2010 Acts, ch 1104, §11, 23
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.124 - Electronic monitoring.

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.
2009 Acts, ch 119, §24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.125 - Applicability of chapter and retroactivity.

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.
2009 Acts, ch 119, §25; 2010 Acts, ch 1104, §12, 13, 23
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.127 - Limitations on political subdivisions.

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.
2009 Acts, ch 119, §27
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692A - SEX OFFENDER REGISTRY › Section 692A.129 - Probation and parole officers.

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.
2009 Acts, ch 119, §29
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 692C - NATIONAL CRIMINAL HISTORY RECORD CHECKS › Section 692C.1 - National criminal history record checks — persons providing child care, elder care, and care for individuals with disabilities.

692C.1 National criminal history record checks — persons providing child care, elder care, and care for individuals with disabilities.
1. For purposes of this section:
a. “Covered individual” means an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities served by a qualified entity and who is employed by, volunteers with, or seeks to volunteer with a qualified entity; or owns or operates or seeks to own or operate, a qualified entity.
b. “Department” means the department of public safety.
c. “Qualified entity” means a business or organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
2. A qualified entity may request a national criminal history record check by the federal bureau of investigation on covered individuals through the department of public safety.
3. The qualified entity shall submit fingerprints and other identifying information to the division of criminal investigation of the department on a form and in a manner as prescribed by the department. The department shall submit the information through the state criminal history repository to the federal bureau of investigation.
4. The department may use authority conferred under the National Child Protection Act, as codified in 34 U.S.C. §40104, in conducting national criminal history record checks on covered individuals.
5. The department may require a qualified entity to pay a fee associated with a national criminal history record check. The fee shall not exceed the actual cost of the national criminal history record check.
6. The results of national criminal history record checks are a confidential record under section 22.7.
7. The department shall adopt rules as necessary for the administration of this section pursuant to chapter 17A.
2019 Acts, ch 60, §1; 2019 Acts, ch 89, §20
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 693 - POLICE RADIO BROADCASTING SYSTEM › Section 693.1 - Contract authorized.

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.
[C31, 35, §13417-d1; C39, §13417.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §750.1; C79, 81, §693.1]
Referred to in §321.266, 693.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 693 - POLICE RADIO BROADCASTING SYSTEM › Section 693.2 - Expenses.

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.
[C31, 35, §13417-d2; C39, §13417.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §750.2; C79, 81, §693.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 693 - POLICE RADIO BROADCASTING SYSTEM › Section 693.3 - Notification to supervisors.

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.
[C31, 35, §13417-d3; C39, §13417.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §750.3; C79, 81, §693.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 693 - POLICE RADIO BROADCASTING SYSTEM › Section 693.4 - Duty of supervisors to install — costs.

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.
[C31, 35, §13417-d4; C39, §13417.6; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §750.4; C79, 81, §693.4]
83 Acts, ch 123, §200, 209
Referred to in §331.322
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 693 - POLICE RADIO BROADCASTING SYSTEM › Section 693.5 - Option of city council to install — costs.

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.
[C31, 35, §13417-d5; C39, §13417.7; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §750.5; C79, 81, §693.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 694 - MISSING PERSONS › Section 694.1 - Definitions.

694.1 Definitions.
As used in this chapter, unless the context otherwise indicates:
1. “Missing person” means a person who is missing and meets one of the following characteristics:
a. Is a person with a physical or mental disability.
b. Is missing under circumstances indicating that the person’s safety may be in danger.
c. Is missing under circumstances indicating that the disappearance was not voluntary.
d. Is an unemancipated minor.
2. “Unemancipated minor” means a minor who has not married and who resides with a parent or other legal guardian.
84 Acts, ch 1084, §1; 90 Acts, ch 1051, §1; 90 Acts, ch 1233, §40; 96 Acts, ch 1129, §107; 2013 Acts, ch 90, §220
Referred to in §692.3, 694.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 694 - MISSING PERSONS › Section 694.2 - Complaint of missing person.

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.
84 Acts, ch 1084, §2
Referred to in §694.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 694 - MISSING PERSONS › Section 694.3 - Report on missing person.

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.
84 Acts, ch 1084, §3
Referred to in §694.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 694 - MISSING PERSONS › Section 694.4 - Dissemination of report.

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.
84 Acts, ch 1084, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 694 - MISSING PERSONS › Section 694.5 - Unemancipated minors.

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.
84 Acts, ch 1084, §5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.2 - Public offense.

701.2 Public offense.
A public offense is that which is prohibited by statute and is punishable by fine or imprisonment.
[C51, §2816 – 2818; R60, §4428 – 4430; C73, §4103 – 4105; C97, §5092 – 5094; C24, 27, 31, 35, 39, §12889 – 12891; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §687.1, 687.2, 687.4; C79, 81, §701.2]
Referred to in §664A.1, 671A.1, 671A.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.3 - Presumption of innocence.

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.
[C51, §2819; R60, §4431, 4807; C73, §4106, 4428; C97, §5095, 5376; C24, 27, 31, 35, 39, §12892, 13917; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §687.5, 785.3; C79, 81, §701.3]
See
R.Cr.P. 2.22(9)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.4 - Insanity.

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.
[C79, 81, §701.4]
84 Acts, ch 1320, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.5 - Intoxicants or drugs.

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.
[C79, 81, §701.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.6 - Ignorance or mistake.

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.
[C79, 81, §701.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.7 - Felony defined and classified.

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.
[C51, §2817; R60, §4429; C73, §4104; C97, §5093; C24, 27, 31, 35, 39, §12890; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §687.2; C79, 81, §701.7]
Referred to in §39.3, 48A.6, 48A.30, 57.1, 135B.34, 135C.33, 152.5A, 277.29
See §902.9; see also §724.25
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.8 - Misdemeanor defined and classified.

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.
[C51, §2675, 2818; R60, §4302, 4430; C73, §3966, 4105; C97, §4905, 5094; C24, 27, 31, 35, 39, §12891,12893; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §687.4, 687.6; C79, 81, §701.8]
See also §903.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.9 - Merger of lesser included offenses.

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.
[C79, 81, §701.9]
See
R.Cr.P. 2.6(1)
,
2.22(3)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.11 - Evidence of similar offenses — sexual abuse.

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.
2003 Acts, ch 132, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 701 - GENERAL CRIMINAL LAW PROVISIONS › Section 701.12 - Persons under the age of twenty-one seeking emergency assistance for overdose — immunity.

701.12 Persons under the age of twenty-one seeking emergency assistance for overdose — immunity.
1. A person under the age of twenty-one years shall not be charged or prosecuted for the violation of any of the following offenses if the evidence for the charge was obtained as a result of the person in good faith seeking emergency medical assistance for the person or another person due to an alcohol overdose:
a. Section 123.46.
b. Section 123.47, subsection 3 or 4.
c. Section 321.216B.
2. To be eligible for immunity under this section, the reporting person, or persons acting in concert, must do all of the following:
a. Be the first person to seek emergency assistance.
b. Provide the reporting person’s name and contact information to medical or law enforcement personnel.
c. Remain on the scene until assistance arrives or is provided.
d. Cooperate with medical and law enforcement personnel.
3. The person for whom emergency assistance was sought as described in subsection 1 shall not be charged or prosecuted for an offense listed in subsection 1.
2020 Acts, ch 1080, §6
Referred to in §123.46, 123.47, 123.47B, 262.9, 321.216B
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 702 - DEFINITIONS › Section 702.1A - Computer terminology.

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.
2000 Acts, ch 1201, §6
Referred to in §716A.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 702 - DEFINITIONS › Section 702.4 - Brothel.

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.
[C79, 81, §702.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 702 - DEFINITIONS › Section 702.5 - Child.

702.5 Child.
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 into Title XVI by the Code editor. Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters.
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 702 - DEFINITIONS › Section 702.7 - Dangerous weapon.

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.
[S13, §4775-1a; C24, 27, 31, §12936; C35, §12935-g1, 12936; C39, §12935.1, 12936; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §695.1, 695.2; C79, 81, §702.7]
88 Acts, ch 1164, §1; 2008 Acts, ch 1151, §1
Referred to in §123.56, 280.17A, 280.17B, 671A.2, 708.11, 708.13, 719.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 702 - DEFINITIONS › Section 702.8 - Death.

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.
[C79, 81, §702.8]
2001 Acts, ch 113, §5; 2008 Acts, ch 1088, §137
Referred to in §704.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 702 - DEFINITIONS › Section 702.9 - Deception.

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.
[C79, 81, §702.9]
Referred to in §15A.3, 717A.3B