reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.6 - Criminal mischief in the fourth and fifth degrees.

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 that is damaged, defaced, altered, or destroyed exceeds three hundred dollars, but does not exceed seven hundred fifty 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.
[C79, 81, §716.6]
83 Acts, ch 99, §2; 92 Acts, ch 1060, §11; 99 Acts, ch 153, §14; 2009 Acts, ch 41, §260; 2010 Acts, ch 1130, §1; 2013 Acts, ch 90, §195; 2019 Acts, ch 140, §21
Referred to in §123.138, 716.6A, 717A.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.6A - Criminal mischief in violation of individual rights.

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.
92 Acts, ch 1157, §5
Referred to in §729A.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.6B - Unauthorized computer access — penalties — civil cause of action.

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.
2000 Acts, ch 1201, §11; 2002 Acts, ch 1049, §2; 2003 Acts, ch 75, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394
Referred to in §638.15, 702.1A
Computer terminology, see §702.1A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.7A - Food operation trespass.

716.7A Food operation trespass.
1. As used in this section, unless the context otherwise requires:
a. “Apiary” and “bee” mean the same as defined in section 160.1A.
b. “Food animal” means an animal belonging to the bovine, caprine, ovine, or porcine species; farm deer as defined in section 170.1; turkeys, chickens, or other poultry; fish or other aquatic organisms confined in private waters for human consumption; or bees.
c. “Food establishment”, “food processing plant”, and “farmers market” mean the same as defined in section 137F.1.
d. (1) “Food operation” means any of the following:
(a) A location where a food animal is produced, maintained, or otherwise housed or kept, or processed in any manner.
(b) A location other than as described in subparagraph division (a) where a food animal is kept, including an apiary, livestock market, vehicle or trailer attached to a vehicle, fair, exhibition, or a business operated by a person licensed to practice veterinary medicine pursuant to chapter 169.
(c) A location where a meat food product, poultry product, milk or milk product, eggs or an egg product, aquatic product, or honey is prepared for human consumption, including a food processing plant, a slaughtering establishment operating under the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 et seq.; or a slaughtering establishment subject to state inspection as provided in chapter 189A.
(2) “Food operation” does not include a food establishment or farmers market.
e. “Meat food product”, “poultry product”, and “prepared” mean the same as defined in section 189A.2.
2. A person commits food operation trespass by entering or remaining on the property of a food operation without the consent of a person who has real or apparent authority to allow the person to enter or remain on the property.
3. Subsection 2 does not apply to any of the following:
a. A person entering a right-of-way, 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.
b. A person having lawful authority to enter onto the property of the food operation, including but not limited to a federal, state, or local government official.
c. A person who is given express permission by the owner of the food operation to enter onto or remain on the property of the food operation.
d. A person employed by a food operation while acting in the course of employment.
2020 Acts, ch 1036, §17, 19; 2020 Acts, ch 1118, §144 – 146
Referred to in §716.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.9 - Stowing away.

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.
98 Acts, ch 1067, §3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.11 - Critical infrastructure sabotage — definitions.

716.11 Critical infrastructure sabotage — definitions.
Solely for purposes of this section and section 716.12, unless the context otherwise requires:
1. “Critical infrastructure” means any of the following:
a. An electrical power generating, transmission, or delivery system.
b. A gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical critical generation, storage, transportation, or delivery system.
c. A telecommunications or broadband generation, transmission, or delivery system.
d. A wastewater treatment, collection, or delivery system.
e. A water supply treatment, collection, storage, or delivery system.
f. Any land, building, conveyance, or other temporary or permanent structure whether publicly or privately owned, that contains, houses, supports, or is appurtenant to any critical infrastructure as described in paragraphs “a” through “e” of this subsection.
2. “Critical infrastructure sabotage” means an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure. However, “critical infrastructure sabotage” does not include an accidental interruption or impairment of service to the critical infrastructure caused by a person in the performance of the person’s work duties or caused by a person’s lawful activity. In addition, “critical infrastructure sabotage” does not include any condition or activity related to the production of farm products as defined in section 554.9102, including but not limited to the discharge of agricultural stormwater; the construction or use of soil or water quality conservation practices or structures; the preparation of agricultural land and the raising, harvesting, drying, or storage of agricultural crops; the application of fertilizer as defined in section 200.3, pesticides as defined in section 206.2, or manure as defined in section 459.102; the installation and use of agricultural drainage tile and systems; the construction, operation, or management of an animal feeding operation as defined in section 459.102; and the care, feeding, or watering of livestock.
3. “System” means a set of connected or interdependent real, physical, personal, or electronic or computer-based property that operates as a whole to provide a service. “System” also includes any real, physical, electronic, or computer implement that may control or monitor any component of the system.
2018 Acts, ch 1120, §1; 2018 Acts, ch 1172, §36
Referred to in §716.12
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.12 - Critical infrastructure sabotage — penalties.

716.12 Critical infrastructure sabotage — penalties.
A person who commits critical infrastructure sabotage as defined in section 716.11 is guilty of a class “B” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “b”, shall be punished by a fine of not less than eighty-five thousand dollars nor more than one hundred thousand dollars.
2018 Acts, ch 1120, §2; 2019 Acts, ch 24, §91
Referred to in §716.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.13 - Interference with transportation of agricultural animals.

716.13 Interference with transportation of agricultural animals.
1. As used in this section, unless the context otherwise requires:
a. “Agricultural animal” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; farm deer as defined in section 170.1; ostriches, rheas, and emus; turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private waters for human consumption; or honey bees.
b. (1) “Convicted” means the entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232.
(2) “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
c. “Motor vehicle” means any self-propelled vehicle subject to registration under chapter 321, and includes an item attached to the vehicle.
2. A person commits interference with the transportation of an agricultural animal if the person knowingly does any of the following:
a. Stops, hinders, impedes, boards, obstructs, or otherwise interferes with a motor vehicle transporting an agricultural animal, regardless of whether the motor vehicle is moving.
b. Provokes, disturbs, or otherwise interacts with an agricultural animal when the agricultural animal is confined in a motor vehicle, regardless of whether the motor vehicle is moving.
3. In a prosecution alleging that a defendant committed interference with the transportation of an agricultural animal under subsection 2, the defendant may assert an affirmative defense of consent. The defendant must prove by a preponderance of the evidence that the defendant was acting with the consent of any of the following:
a. A person having real or apparent authority to transport the agricultural animal. This requirement is met if the person is a shipper or transporter acting in compliance with chapter 172B.
b. The owner of the agricultural animal or any other person having real or apparent authority to possess or control the agricultural animal.
4. a. A person who commits interference with the transportation of an agricultural animal, as provided in subsection 2, paragraph “a”, is guilty of an aggravated misdemeanor.
b. A person who commits interference with the transportation of an agricultural animal, as provided in subsection 2, paragraph “b”, is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits interference with the transportation of an agricultural animal under subsection 2, paragraph “a” or “b”, is guilty of a class “D” felony if the person has previously been convicted of committing interference with the transportation of an agricultural animal under either of those paragraphs.
2021 Acts, ch 46, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716 - DAMAGE AND TRESPASS TO PROPERTY › Section 716.14 - Unauthorized sampling.

716.14 Unauthorized sampling.
1. As used in this section, unless the context otherwise requires:
a. “Agricultural animal” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; farm deer as defined in section 170.1; ostriches, rheas, and emus; turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private waters for human consumption; or honey bees.
b. “Agricultural crop” means a plant produced for food, animal feed, fiber, oil, or fuel if the plant is classified as a forage or cereal plant, including but not limited to alfalfa, barley, buckwheat, corn, flax, forage, hemp as defined in section 204.2, millet, oats, popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses used for forage or silage. A plant which is a noxious weed pursuant to section 317.1A shall not be considered an agricultural crop unless the plant is produced as a research crop.
c. (1) “Convicted” means the entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232.
(2) “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
2. A person commits unauthorized sampling if the person knowingly enters private property, without consent of the owner or any other person having real or apparent authority to grant consent, and obtains samples of any of the following:
a. Bodily fluids or substances from an agricultural animal.
b. Any product from an agricultural animal.
c. Soil, air, surface water, or ground water from land or structures used for the production of an agricultural animal or the production of an agricultural crop.
3. A person who commits unauthorized sampling as provided in subsection 2 is guilty of an aggravated misdemeanor.
4. Notwithstanding subsection 3, a person who commits unauthorized sampling as provided in subsection 2 is guilty of a class “D” felony if the person has previously been convicted of committing unauthorized sampling under subsection 2.
2021 Acts, ch 83, §1; 2022 Acts, ch 1032, §103
Subsection 2, unnumbered paragraph 1 amended
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716A - ELECTRONIC MAIL › Section 716A.1 - Definitions.

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.
2005 Acts, ch 123, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716A - ELECTRONIC MAIL › Section 716A.2 - Transmission of unsolicited bulk electronic mail — criminal penalties.

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 five hundred 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.
2005 Acts, ch 123, §2; 2019 Acts, ch 140, §24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716A - ELECTRONIC MAIL › Section 716A.3 - Sale or offer for direct sale of prescription drugs — criminal penalties.

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. 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.
b. 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 subsection, the violation is a class “B” felony.
2005 Acts, ch 123, §3; 2013 Acts, ch 90, §197
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716A - ELECTRONIC MAIL › Section 716A.4 - Use of encryption — criminal penalty.

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.
2005 Acts, ch 123, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716A - ELECTRONIC MAIL › Section 716A.5 - Venue for criminal violations.

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.
2005 Acts, ch 123, §5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716A - ELECTRONIC MAIL › Section 716A.7 - Forfeitures for violations of chapter.

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.
2005 Acts, ch 123, §7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716B - HAZARDOUS WASTE OFFENSES › Section 716B.1 - Definitions.

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.
88 Acts, ch 1080, §3; 2011 Acts, ch 9, §9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716B - HAZARDOUS WASTE OFFENSES › Section 716B.2 - Unlawful disposal of hazardous waste — penalties.

716B.2 Unlawful disposal of hazardous waste — penalties.
1. A person commits the offense of unlawful disposal of hazardous waste when the person 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.
2. a. A person who commits the offense of unlawful disposal of hazardous waste 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.
b. 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.
88 Acts, ch 1080, §4; 2013 Acts, ch 90, §198
Referred to in §29C.8A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716B - HAZARDOUS WASTE OFFENSES › Section 716B.3 - Unlawful transportation of hazardous waste — penalties.

716B.3 Unlawful transportation of hazardous waste — penalties.
1. A person commits the offense of unlawful transportation of hazardous waste when the person 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.
2. a. A person who commits the offense of unlawful transportation of hazardous waste 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.
b. 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.
88 Acts, ch 1080, §5; 95 Acts, ch 49, §24; 2013 Acts, ch 90, §199
Referred to in §29C.8A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 716B - HAZARDOUS WASTE OFFENSES › Section 716B.4 - Unlawful treatment or storage of hazardous waste — penalties.

716B.4 Unlawful treatment or storage of hazardous waste — penalties.
1. A person commits the offense of unlawful treatment or storage of hazardous waste when the person knowingly or with reason to know, treats or stores hazardous waste without a permit issued pursuant to 42 U.S.C. §6925 or §6926.
2. a. A person who commits the offense of unlawful treatment or storage of hazardous waste 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.
b. 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.
88 Acts, ch 1080, §6; 2013 Acts, ch 90, §200
Referred to in §29C.8A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717 - INJURY TO LIVESTOCK › Section 717.1 - Definitions.

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.
[C51, §2678; R60, §4318; C73, §3977; C97, §4818; C24, 27, 31, 35, 39, §13132; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §717.1]
94 Acts, ch 1103, §7; 95 Acts, ch 43, §14
; 95 Acts, ch 134, §6
; 2003 Acts, ch 149, §21, 23; 2011 Acts, ch 81, §5
Referred to in §15E.202, 159.5, 162.1, 172E.1, 236.3, 236.4, 236.5, 422.7(13)(a), 422.7(14)(f), 484B.1, 501A.102, 562.1A, 717B.1, 717D.1, 911.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717 - INJURY TO LIVESTOCK › Section 717.1A - Livestock abuse.

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.
94 Acts, ch 1103, §8; 2008 Acts, ch 1058, §17
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717 - INJURY TO LIVESTOCK › Section 717.2 - Livestock neglect.

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.
[C51, §2716; R60, §4358; C73, §4031, 4034; C97, §4969, 4972; S13, §4969; C24, 27, 31, 35, 39, §13133, 13134; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §717.2, 717.3; C79, 81, §717.2]
86 Acts, ch 1121, §3; 87 Acts, ch 179, §1; 94 Acts, ch 1103, §9; 2008 Acts, ch 1058, §18
Referred to in §717.1A, 717.2A, 717.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717 - INJURY TO LIVESTOCK › Section 717.3 - Livestock in immediate need of sustenance — court order.

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.
2011 Acts, ch 81, §6; 2011 Acts, ch 131, §74, 158
Referred to in §717.4, 717.4A, 717.5, 717.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717 - INJURY TO LIVESTOCK › Section 717.4 - Livestock in immediate need of sustenance — lien.

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.
2011 Acts, ch 81, §7; 2011 Acts, ch 131, §75, 158
Referred to in §579A.2, 579B.4, 581.2, 717.3, 717.4A, 717.5, 717.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717 - INJURY TO LIVESTOCK › Section 717.4A - Livestock in immediate need of sustenance — livestock remediation fund.

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.
2011 Acts, ch 81, §8; 2011 Acts, ch 131, §76, 158
Referred to in §717.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717A - OFFENSES RELATING TO AGRICULTURAL PRODUCTION › Section 717A.3A - Agricultural production facility fraud.

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.
2012 Acts, ch 1005, §2, 3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717A - OFFENSES RELATING TO AGRICULTURAL PRODUCTION › Section 717A.3B - Agricultural production facility trespass.

717A.3B Agricultural production facility trespass.
1. A person commits agricultural production facility trespass if the person does any of the following:
a. Uses deception as described in section 702.9, subsection 1 or 2, on a matter that would reasonably result in a denial of access to an agricultural production facility that is not open to the public, and, through such deception, gains access to the agricultural production facility, with the intent to cause physical or economic harm or other injury to the agricultural production facility’s operations, agricultural animals, crop, owner, personnel, equipment, building, premises, business interest, or customer.
b. Uses deception as described in section 702.9, subsection 1 or 2, on a matter that would reasonably result in a denial of an opportunity to be employed at an agricultural production facility that is not open to the public, and, through such deception, is so employed, with the intent to cause physical or economic harm or other injury to the agricultural production facility’s operations, agricultural animals, crop, owner, personnel, equipment, building, premises, business interest, or customer.
2. A person who commits agricultural production facility trespass is guilty of a serious misdemeanor for a first offense and an aggravated misdemeanor for a second or subsequent offense.
3. A person who conspires with another, as described in section 706.1, to commit agricultural production facility trespass is guilty of a serious misdemeanor for a first offense and an aggravated misdemeanor for a second or subsequent offense. For purposes of this subsection, a person commits conspiracy to commit agricultural production facility trespass, without regard to the limitation of criminal liability for conspiracy otherwise applicable under section 706.1, subsection 1.
2019 Acts, ch 3, §1, 2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717A - OFFENSES RELATING TO AGRICULTURAL PRODUCTION › Section 717A.4 - Use of pathogens to threaten animals and crops — penalty.

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.
2004 Acts, ch 1142, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 717B - MISTREATMENT OF ANIMALS › Section 717B.3B - Animal mistreatment — court order — evaluation and treatment.

717B.3B Animal mistreatment — court order — evaluation and treatment.
1. At the time of a person’s conviction for committing a public offense constituting animal mistreatment, a court may enter an order requiring the person to undergo a psychological or psychiatric evaluation and to undergo any treatment that the court determines to be appropriate after due consideration of the evaluation.
2. Notwithstanding subsection 1, the court shall enter an order described in that subsection, if the convicted person is any of the following:
a. A juvenile.
b. An adult convicted of animal abuse punishable as an aggravated misdemeanor or class “D” felony pursuant to section 717B.2, animal neglect punishable as an aggravated misdemeanor or class “D” felony pursuant to section 717B.3, or animal torture pursuant to section 717B.3A.
3. The costs of undergoing a psychological or psychiatric evaluation and undergoing any treatment ordered by the court shall be borne by the convicted person, unless the person is a juvenile.
4. An order made under this section is in addition to any other order or sentence of the court.
5. Any violation of the court order shall be punished as contempt of court pursuant to chapter 665.
2020 Acts, ch 1111, §8