reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.3 - Contracts to exclude unlawful.

731.3 Contracts to exclude unlawful.
It shall be unlawful for any person, firm, association, corporation or labor organization to enter into any understanding, contract, or agreement, whether written or oral, to exclude from employment members of a labor union, organization or association, or persons who do not belong to, or who refuse to join, a labor union, organization or association, or because of resignation or withdrawal therefrom.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736A.3; C79, 81, §731.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.4 - Union dues as prerequisite to employment — prohibited.

731.4 Union dues as prerequisite to employment — prohibited.
It shall be unlawful for any person, firm, association, labor organization or corporation, or political subdivision, either directly or indirectly, or in any manner or by any means as a prerequisite to or a condition of employment to require any person to pay dues, charges, fees, contributions, fines or assessments to any labor union, labor association or labor organization.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736A.4; C79, 81, §731.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.5 - Deducting dues from pay unlawful.

731.5 Deducting dues from pay unlawful.
It shall be unlawful for any person, firm, association, labor organization or corporation to deduct labor organization dues, charges, fees, contributions, fines or assessments from an employee’s earnings, wages or compensation, unless the employer has first been presented with an individual written order therefor signed by the employee, which written order shall be terminable at any time by the employee giving at least thirty days’ written notice of such termination to the employer.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736A.5; C79, 81, §731.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.6 - Penalty.

731.6 Penalty.
Any person, firm, association, labor organization, or corporation or any director, officer, representative, agent or member thereof, who shall violate any of the provisions of this chapter or who shall aid and abet in such violation shall be guilty of a serious misdemeanor.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736A.6; C79, 81, §731.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.7 - Injunction.

731.7 Injunction.
Additional to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor association or labor organization, or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter, and all of the provisions of the law relating to the granting of restraining orders and injunctions, either temporary or permanent, shall be applicable.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736A.7; C79, 81, §731.7]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.8 - Exception.

731.8 Exception.
The provisions of this chapter shall not apply to employers or employees covered by the federal Railway Labor Act, 45 U.S.C. §151 et seq.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736A.8; C79, 81, §731.8]
2011 Acts, ch 34, §149
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 731 - LABOR UNION MEMBERSHIP › Section 731.9 - Relinquishment of seniority rights as a condition of employment prohibited.

731.9 Relinquishment of seniority rights as a condition of employment prohibited.
It is unlawful for any person to refuse or deny employment to a person because the person refuses to relinquish seniority rights earned at a prior place of employment.
86 Acts, ch 1089, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 732 - LABOR BOYCOTTS AND STRIKES › Section 732.1 - Contracting to boycott or strike in sympathy.

732.1 Contracting to boycott or strike in sympathy.
It shall be unlawful for any labor union, association or organization, or the officers, representatives, agents or members thereof, to enter into any contract, agreement, arrangement, combination or conspiracy for the purpose of, by strikes or threats of strikes, by violence or threats of violence, by coercion, or by concerted refusal to make, manufacture, assemble, or use, handle, transport, deliver or otherwise deal with any articles, products or materials:
1. To force or require any person, firm or corporation to cease using, selling, handling, transporting or dealing in the goods or products of any other person, firm or corporation, or
2. To force or require any person, firm or corporation to cease selling, transporting or delivering goods or products to any other person, firm or corporation, or
3. To force or require any employer other than their own employer to recognize, deal with, comply with the demands of, or employ members of any labor union, association or organization, or
4. To force or require any employer to break an existing collective bargaining agreement which such employer may have with any labor union, association or organization.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736B.1; C79, 81, §732.1]
Referred to in §20.10, 732.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 732 - LABOR BOYCOTTS AND STRIKES › Section 732.2 - Carrying out boycott or strike.

732.2 Carrying out boycott or strike.
It shall be unlawful for any labor union, association or organization, or the officers, representatives, agents, or a member or members thereof to carry out or attempt to carry out in this state any contract, agreement, arrangement, combination or conspiracy declared unlawful in section 732.1.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736B.2; C79, 81, §732.2]
Referred to in §20.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 732 - LABOR BOYCOTTS AND STRIKES › Section 732.3 - Jurisdictional strike or slowdown.

732.3 Jurisdictional strike or slowdown.
It shall be unlawful for any labor union, group, association or organization, or the officers, representatives, agents or members thereof, to cause a stoppage or slowdown of the work or a part of the work of an employer because of a dispute between labor unions, groups, associations or organizations, or the officers, representatives, agents or members thereof, with respect to jurisdiction over, or the right to do the work or a part of the work of such employer.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736B.3; C79, 81, §732.3]
Referred to in §20.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 732 - LABOR BOYCOTTS AND STRIKES › Section 732.4 - Penalty.

732.4 Penalty.
Any person, or any labor union, labor association or labor organization or any officer, representative, agent or member thereof who shall violate any of the provisions of this chapter shall be guilty of a simple misdemeanor.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736B.4; C79, 81, §732.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 732 - LABOR BOYCOTTS AND STRIKES › Section 732.5 - Injunction.

732.5 Injunction.
Additionally to the penal provisions of this chapter, any person, or any labor union, labor association or labor organization or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter, and all of the provisions of the law relating to the granting of restraining orders and injunctions, either temporary or permanent, shall be applicable.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §736B.5; C79, 81, §732.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 732 - LABOR BOYCOTTS AND STRIKES › Section 732.6 - Hiring professional strikebreakers prohibited.

732.6 Hiring professional strikebreakers prohibited.
It shall be unlawful for any person, persons, partnership, agency, firm, or corporation, or agent thereof:
1. Unless directly involved in a labor dispute, to knowingly recruit, procure, supply or refer for employment in the place of employees involved in such labor dispute any person or persons who customarily or repeatedly offer themselves as replacements for employees involved in labor disputes.
2. If directly involved in a labor dispute, to knowingly employ in place of employees involved in such dispute persons who customarily or repeatedly offer themselves as replacements for employees involved in labor disputes.
3. To solicit or advertise for employees to replace employees involved in a labor dispute without notice in such solicitation or advertisement that the employment offered is in place of employees engaged in a labor dispute.
4. To enter into an agreement, contract or arrangement with other persons, partnerships, agencies, firms or corporations, or agents thereof, to commit acts prohibited by subsection 1, 2 or 3 of this section.
[C66, 71, 73, 75, 77, §736B.6; C79, 81, §732.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 801 - CRIMINAL PROCEDURE SCOPE AND DEFINITIONS › Section 801.1 - Short title.

801.1 Short title.
Chapters 801 through 819 shall be known and may be cited as the “Iowa Code of Criminal Procedure”.
[C79, 81, §801.1]
2020 Acts, ch 1063, §378
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 801 - CRIMINAL PROCEDURE SCOPE AND DEFINITIONS › Section 801.3 - General purposes.

801.3 General purposes.
The provisions of the Iowa code of criminal procedure shall be liberally construed to give effect to the general purposes thereof, which shall be to provide for:
1. Simplicity in criminal procedure.
2. Fairness in administration of the criminal laws.
3. Elimination of unjustifiable delay in pretrial, trial, and post-trial proceedings.
4. Just determination of every criminal proceeding by a fair and impartial trial and review.
5. The effective apprehension and trial of persons suspected of committing public offenses without violation of fundamental human rights.
[C79, 81, §801.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 801 - CRIMINAL PROCEDURE SCOPE AND DEFINITIONS › Section 801.5 - Applicability to offenses committed before the effective date.

801.5 Applicability to offenses committed before the effective date.
1. Except as provided in subsections 2 and 3 of this section, Title XVI* does not apply to offenses committed before January 1, 1978. Prosecutions for offenses committed before that date are governed by the prior law, which is continued in effect for that purpose, as if this title* were not in force. For purposes of this section, an offense is committed before said date if any of the elements of the offense occurred before that date.
2. In any case pending on or commenced after said date, involving an offense committed before that date:
a. Upon the request of the defendant a defense or mitigation under this title,* whether specifically provided for herein or based upon the failure of said statutes to define an applicable offense, shall apply; and
b. Upon the request of the defendant and the approval of the court:
(1) Procedural provisions of this title* shall apply insofar as they are justly applicable; and
(2) The court may impose a sentence or suspended imposition of a sentence under the provisions of this title* applicable to the offense and the offender.
3. Provisions of this title* governing the release or discharge of prisoners, probationers, and parolees shall apply to persons under sentence for offenses committed before January 1, 1978, except that the minimum or maximum period of their detention or supervision shall in no case be increased, nor shall the provisions of this title* affect the substantive or procedural validity of any judgment of conviction entered before said date, regardless of the fact that appeal time has not run or that an appeal is pending.
[C79, 81, §801.5]
*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 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.1 - Murder.

802.1 Murder.
A prosecution for murder in the first or second degree may be commenced at any time after the death of the victim.
[C51, §2811; R60, §4513; C73, §4165; C97, §5163; C24, 27, 31, 35, 39, §13442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §752.1; C79, 81, §802.1]
Referred to in §802.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.2 - Sexual abuse — first, second, or third degree.

802.2 Sexual abuse — first, second, or third degree.
1. An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years may be commenced at any time after the commission of the offense.
2. An information or indictment for any other sexual abuse in the first, second, or third degree shall be commenced within ten years after its commission, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be commenced within three years from the date the person is identified by the person’s DNA profile, whichever is later.
3. As used in this section, “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.
85 Acts, ch 174, §2; 90 Acts, ch 1066, §1; 94 Acts, ch 1128, §3; 2000 Acts, ch 1027, §1; 2005 Acts, ch 158, §36; 2007 Acts, ch 126, §110; 2019 Acts, ch 140, §40; 2021 Acts, ch 102, §8, 12
Referred to in §802.3, 802.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.2A - Incest — sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction.

802.2A Incest — sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction.
1. An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen may be commenced at any time after the commission of the offense.
2. An indictment or information for sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction, under section 709.15 committed on or with a person who is under the age of eighteen may be commenced at any time after the commission of the offense.
2001 Acts, ch 63, §1; 2003 Acts, ch 180, §66; 2019 Acts, ch 140, §41; 2021 Acts, ch 102, §9, 12
Referred to in §802.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.2B - Other sexual offenses.

802.2B Other sexual offenses.
An information or indictment for the following offenses committed on or with a person who is under the age of eighteen years may be commenced at any time after the commission of the offense:
1. Lascivious acts with a child in violation of section 709.8.
2. Assault with intent to commit sexual abuse in violation of section 709.11.
3. Indecent contact with a child in violation of section 709.12.
4. Lascivious conduct with a minor in violation of section 709.14.
5. Sexual misconduct with a juvenile in violation of section 709.16, subsection 2.
6. Child endangerment in violation of section 726.6, subsection 5, 6, or 7.
7. Sexual exploitation of a minor in violation of section 728.12.
2014 Acts, ch 1097, §8; 2016 Acts, ch 1104, §5; 2021 Acts, ch 102, §10, 12
Referred to in §802.3, 802.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.2C - Kidnapping.

802.2C Kidnapping.
An information or indictment for kidnapping in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
2016 Acts, ch 1035, §1
Referred to in §802.3, 802.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.2D - Human trafficking.

802.2D Human trafficking.
An information or indictment for human trafficking in violation of section 710A.2, committed on or with a person who is under the age of eighteen years may be commenced at any time after the commission of the offense.
2016 Acts, ch 1035, §2; 2021 Acts, ch 102, §11, 12
Referred to in §802.3, 802.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.3 - Felony — aggravated or serious misdemeanor.

802.3 Felony — aggravated or serious misdemeanor.
In all cases, except those enumerated in section 802.1, 802.2, 802.2A, 802.2B, 802.2C, 802.2D, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
[C51, §2813; R60, §4515; C73, §4167; C97, §5165; C24, 27, 31, 35, 39, §13444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §752.3; C79, 81, §802.3; 81 Acts, ch 204, §10]
85 Acts, ch 174, §3; 92 Acts, ch 1199, §7; 2000 Acts, ch 1027, §2; 2001 Acts, ch 63, §2; 2006 Acts, ch 1084, §1; 2014 Acts, ch 1097, §9; 2016 Acts, ch 1035, §3
Referred to in §453B.12, 802.5, 802.10
Other exceptions, see §802.5, 802.6, 802.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.4 - Simple misdemeanor — ordinance.

802.4 Simple misdemeanor — ordinance.
A prosecution for a simple misdemeanor or violation of a municipal or county rule or ordinance shall be commenced within one year after its commission.
[C73, §4168; C97, §5166; C24, 27, 31, 35, 39, §13445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §752.4; C79, 81, §802.4]
Referred to in §802.5
Other exceptions to limitations period, see §802.5, 802.6, and 802.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.5 - Extension for fraud, fiduciary breach.

802.5 Extension for fraud, fiduciary breach.
1. If the periods prescribed in sections 802.3 and 802.4 have expired, prosecution may nevertheless be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than five years.
2. A prosecution may be commenced under this section as long as the appropriate law enforcement agency has not delayed the investigation in bad faith. This subsection shall not be construed to require a law enforcement agency to pursue an unknown offender with due diligence.
[C79, 81, §802.5; 81 Acts, ch 204, §11]
2003 Acts, ch 108, §115; 2019 Acts, ch 140, §27
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.6 - Periods excluded from limitation.

802.6 Periods excluded from limitation.
1. When a person leaves the state, the indictment or information may be found within the period of limitation prescribed in this chapter after the person’s coming into the state, and no period during which the party charged was not publicly resident within the state is a part of the limitation.
2. The time within which an indictment or information must be found shall not include the time during which the defendant is a public officer or employee and the offense arises from misconduct relating to the duties and trust of that office or employment.
[C51, §2814; R60, §4516; C73, §4169; C97, §5167; C24, 27, 31, 35, 39, §13446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §752.5; C79, 81, §802.6]
2002 Acts, ch 1116, §1; 2020 Acts, ch 1063, §379
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.7 - Continuing crimes.

802.7 Continuing crimes.
When an offense is based on a series of acts committed at different times, the period of limitation prescribed by this chapter shall commence upon the commission of the last of such acts.
[C79, 81, §802.7]
2013 Acts, ch 90, §208
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.8 - Time of finding indictment and information.

802.8 Time of finding indictment and information.
Within the meaning of this chapter:
1. An indictment is found when it is duly presented by the grand jury in open court and filed.
2. An information is found when it is filed.
[C51, §2815; R60, §4517; C73, §4170; C97, §5168; C24, 27, 31, 35, 39, §13447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §752.6; C79, 81, §802.8]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.9 - Indictment or information where a defect is found.

802.9 Indictment or information where a defect is found.
If a defect, error, or irregularity is discovered in any indictment or information which, on motion of either party, causes the indictment or information to be dismissed or the prosecution to be set aside or reversed on appeal, a new indictment or information may be found within thirty days after such action notwithstanding the time limitations enumerated in this chapter.
[C51, §2949, 3251, 3252; R60, §4699, 4711, 4712, 5011 – 5013; C73, §4344, 4356, 4357, 4617 – 4619; C97, §5326, 5331, 5539; C24, 27, 31, 35, 39, §13788, 13796, 13797, 14027; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §776.9, 777.8, 777.9, 795.5; C79, 81, §802.9]
2021 Acts, ch 76, §147
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 802 - LIMITATION OF CRIMINAL ACTIONS › Section 802.10 - DNA profile of accused.

802.10 DNA profile of accused.
1. As used in this section:
a. “DNA profile” means the same as defined in section 81.1.
b. “Identified” means the same as defined in section 802.2.
2. An indictment or information may be found containing only the DNA profile of the person sought. When an indictment or information is found containing only a DNA profile, the limitation of any action under section 802.3 is tolled.
3. However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse, another sexual offense, kidnapping, or human trafficking, the indictment or information shall be found as provided in section 802.2, 802.2B, 802.2C, or 802.2D, if the person is identified by the person’s DNA profile.
2006 Acts, ch 1084, §2; 2007 Acts, ch 126, §111; 2014 Acts, ch 1097, §10; 2016 Acts, ch 1035, §4
Referred to in §802.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 803 - JURISDICTION OF PUBLIC OFFENSES AND PLACE OF TRIAL › Section 803.2 - Place of trial — general.

803.2 Place of trial — general.
1. A criminal action shall be tried in the county in which the crime is committed, except as otherwise provided by law.
2. The court, may on its own motion or on the motion of any of the parties to the proceeding reconsider and grant a pretrial motion for change of venue whenever it appears during jury selection that sufficient grounds would exist for granting the motion under the provisions of
rule of criminal procedure 2.11
.
3. All objections to venue are waived by a defendant unless the defendant objects thereto and secures a ruling by the trial court on a pretrial motion for change of venue. However, if venue is changed pursuant to subsection 2, all objections to venue in the county to which the action is transferred are waived by a defendant unless the defendant objects by a motion for change of venue filed within five days after entry of the order transferring the action and secures a ruling by the trial court on the motion before a jury has been impaneled and sworn.
[R60, §4502; C73, §4156; C97, §5154; C24, 27, 31, 35, 39, §13449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §753.2; C79, 81, §803.2; 82 Acts, ch 1021, §7, 12(1)]
Referred to in §803.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 803 - JURISDICTION OF PUBLIC OFFENSES AND PLACE OF TRIAL › Section 803.3 - Place of trial — special provisions.

803.3 Place of trial — special provisions.
The following special provisions apply:
1. If conduct or results which constitute elements of an offense occur in two or more counties, prosecution of the offense may be had in any of such counties. In such cases, where a dominant number of elements occur in one county, that county shall have the primary right to proceed with prosecution of the offender.
2. If an offense commenced outside the state is consummated within this state, trial of the offense shall be held in the county or counties in which the offense is consummated or the interest protected by the involved penal statute is impaired.
3. If an offense is committed in or upon any conveyance in transit, and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed in the course of its journey.
4. If an offense is committed on the boundary of two or more counties, and it cannot readily be determined within which county the commission took place, trial of the offense may be held in any of the counties concerned.
5. If a simple misdemeanor is committed in a city which is located in two or more counties, venue shall be in the county in which the seat of government of the city is located. However, if the simple misdemeanor is committed in conjunction with an offense greater than a simple misdemeanor, the trial of the simple misdemeanor shall be in the county where the greater offense was committed as provided in section 803.2.
6. If the offense is a traffic offense, or a scheduled offense under section 805.8A, 805.8B, or 805.8C, section 805.13 shall apply.
7. a. If a person is charged with a violation of the tax laws arising out of individual tax liability, venue is in the county of residence of the person charged with the offense, unless the person is a nonresident of this state or the residence of the person cannot be established, in which event venue is in Polk county.
b. If a person is charged with a violation of the tax laws arising out of a business, venue is in any county where business was conducted. If a specific county cannot be established as a situs, venue is in Polk county.
c. If a person is charged with a violation of section 453B.12, venue is in the county of the residence of the person charged with the offense or the county in which the drugs were found.
d. If a person is charged with a violation of the tax laws in which venue is set under multiple provisions of this section, venue is in any county in which one of the charges may be prosecuted.
[C51, §2804, 2806 – 2808; R60, §4505, 4507 – 4509; C73, §4157, 4159 – 4161; C97, §5155, 5157 – 5159; C24, 27, 31, 35, 39, §13450, 13451 – 13453; C46, 50, 54, 58, 62, 66, 71, §753.3 – 753.6; C73, 75, 77, §753.3; C79, 81, §803.3]
99 Acts, ch 152, §37, 40; 2001 Acts, ch 137, §5; 2003 Acts, ch 113, §2; 2004 Acts, ch 1041, §1
Referred to in §805.13
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 803 - JURISDICTION OF PUBLIC OFFENSES AND PLACE OF TRIAL › Section 803.4 - Bar to action.

803.4 Bar to action.
A conviction or acquittal of an offense in a court having jurisdiction thereof is a bar to a prosecution of the offense in another court.
[R60, §4512; C73, §4164; C97, §5162; C24, 27, 31, 35, 39, §13457; C46, 50, 54, 58, 62, 66, 71, §753.10; C73, 75, 77, §753.4; C79, 81, §803.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 803 - JURISDICTION OF PUBLIC OFFENSES AND PLACE OF TRIAL › Section 803.5 - Transfer of jurisdiction.

803.5 Transfer of jurisdiction.
1. An adult who is alleged to have committed a criminal offense prior to having reached the age of eighteen may be transferred to juvenile court for adjudication and disposition as a juvenile, provided that the taking of that person into custody for the alleged act or the filing of a complaint, information, or indictment alleging the act, occurs within the time periods and under the conditions specified in chapter 802 and further provided that the juvenile court has not already waived its jurisdiction over the person and the alleged offense.
2. The defendant or the county attorney may file a motion for the transfer any time within ten days of the initial appearance.
3. The court shall hold a transfer hearing on all such motions. A notice of the time and place of the transfer hearing shall be given to all parties to the hearing.
4. Prior to the transfer hearing, the juvenile probation officer, or other person or agency designated by the court, shall conduct an investigation for the purpose of collecting information relevant to the court’s decision to waive its jurisdiction over the defendant for the alleged commission of the public offense and shall submit a report concerning the investigation to the court. The report shall include any recommendations made concerning transfer. Prior to the hearing the court shall provide the defendant’s counsel and the county attorney with access to the report and to all written material to be considered by the court.
5. After the hearing, the court may transfer jurisdiction to the juvenile court if the court determines that there is probable cause to believe that the adult committed an offense while still a juvenile, and waiver to the criminal court would be inappropriate under the criteria set forth in section 232.45, subsection 6, paragraph “c”, and section 232.45, subsection 8, if the adult were still a child.
6. If after the hearing the court transfers jurisdiction over the adult to the juvenile court for the alleged commission of the public offense, the court shall forward the transfer order together with all papers, documents, and a transcript of all testimony filed or admitted into evidence in connection with the case to the clerk of the juvenile court in the same manner as provided in section 232.8, subsection 2.
88 Acts, ch 1167, §5
Referred to in §232.8, 803.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 803 - JURISDICTION OF PUBLIC OFFENSES AND PLACE OF TRIAL › Section 803.6 - Transfer of jurisdiction — juvenile.

803.6 Transfer of jurisdiction — juvenile.
1. The court, in the case of a juvenile who is alleged to have committed a criminal offense listed in section 232.8, subsection 1, paragraph “c”, may direct a juvenile court officer to provide a report regarding whether the child should be transferred to juvenile court for adjudication and disposition as a juvenile.
2. If the court believes that transfer may be appropriate the court shall hold a hearing on whether the child should be transferred. A notice of the time and place of the transfer hearing shall be given to all parties to the case. Prior to the hearing, the court shall provide the defendant’s counsel and the county attorney with access to the report provided by the juvenile court officer and to all written material to be considered by the court.
3. After the hearing, the court may transfer jurisdiction to the juvenile court if the court determines that waiver to the criminal court would be inappropriate under the criteria set forth in section 232.45, subsection 6, paragraph “c”, and section 232.45, subsection 8.
4. If after the hearing the court transfers jurisdiction over the defendant to the juvenile court for the alleged commission of the public offense, the court shall forward the transfer order together with all papers, documents, and a transcript of all testimony filed or admitted into evidence in connection with the case to the clerk of the juvenile court in the same manner as provided in section 232.8, subsection 2, and the clerk shall seal all records initiated in district court.
5. A defendant transferred to the jurisdiction of the juvenile court shall be placed in detention under section 232.22.
95 Acts, ch 191, §54; 2018 Acts, ch 1153, §14
Referred to in §232.8, 232.149
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.1 - Arrest by warrant — complaint and citation defined.

804.1 Arrest by warrant — complaint and citation defined.
1. A criminal proceeding may be commenced by the filing of a complaint before a magistrate. When such complaint is made, charging the commission of some designated public offense in which such magistrate has jurisdiction, and it appears from the complaint or from affidavits filed with it that there is probable cause to believe an offense has been committed and a designated person has committed it, the magistrate shall, except as otherwise provided, issue a warrant for the arrest of such person.
2. If the complaint charges a public offense, the magistrate may issue a citation instead of a warrant of arrest. The citation shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the magistrate issuing the citation at a time and place stated in the citation. The magistrate shall prescribe the manner of service for the citation at the time the citation is issued.
3. The citation may be served in the same manner as an original notice in a civil action.
4. If the person named in the citation is actually served as provided herein and willfully fails without good cause to appear as commanded by the citation, the person shall be guilty of a simple misdemeanor and the magistrate may issue a warrant of arrest for the offense originally charged.
5. If after issuing a citation the magistrate becomes satisfied that the person to whom such citation has been directed will not appear, the magistrate may at once issue a warrant of arrest without waiting for the date mentioned in the citation.
[C51, §2822; R60, §4530; C73, §4111, 4185; C97, §5101, 5182; C24, 27, 31, 35, 39, §13458 – 13460; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §754.1 – 754.3; C79, 81, §804.1]
83 Acts, ch 50, §1, 7; 2016 Acts, ch 1011, §121
Referred to in §708.11, 805.8C(3)(a)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.2 - Contents of arrest warrant.

804.2 Contents of arrest warrant.
The warrant must be directed to any peace officer in the state; give the name of the defendant, if known to the magistrate; if unknown, may designate “name unknown”; and must state by name or general description an offense which authorizes a warrant to issue, the date of issuing it, the county or city where issued, and be signed by the magistrate with the magistrate’s name of office.
[C51, §2828, 2829; R60, §4535, 4536; C73, §4187, 4188; C97, §5184; C24, 27, 31, 35, 39, §13462; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §754.5; C79, 81, §804.2]
See
R.Cr.P. 2.36
– Forms 5, 6, 7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.3 - Order for bail — endorsed on warrant.

804.3 Order for bail — endorsed on warrant.
If the offense stated in the warrant be bailable, the magistrate issuing it must make an endorsement thereon as follows:
Let the defendant, when arrested, be (admitted to bail in the sum of ............ dollars) or (stating other conditions of release).
[R60, §4537; C73, §4189; C97, §5185; C24 27, 31, 35, 39, §13463; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §754.6; C79, 81, §804.3]
See
R.Cr.P. 2.36
– Form 6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.4 - Manner of executing warrant.

804.4 Manner of executing warrant.
The warrant may be delivered to any peace officer for execution, and served in any county in the state.
[R60, §4538; C73, §4190; C97, §5186; C24, 27, 31, 35, 39, §13464; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §754.7; C79, 81, §804.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.5 - Arrest defined.

804.5 Arrest defined.
Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person’s submission to custody.
[C51, §2837, 2838, 2850; R60, §4545, 4551, 4557 – 4559; C73, §4197, 4203, 4209 – 4211; C97, §5193, 5194; C24, 27, 31, 35, 39, §13465, 13466; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.1, 755.2; C79, 81, §804.5]
Referred to in §123.46
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.6 - Persons authorized to make an arrest.

804.6 Persons authorized to make an arrest.
An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace officer or by a private person as provided in this chapter.
[R60, §4546; C73, §4198; C97, §5195; C24, 27, 31, 35, 39, §13467; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.3; C79, 81, §804.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.7 - Arrests by peace officers.

804.7 Arrests by peace officers.
A peace officer may make an arrest in obedience to a warrant delivered to the peace officer; and without a warrant:
1. For a public offense committed or attempted in the peace officer’s presence.
2. Where a public offense has in fact been committed, and the peace officer has reasonable ground for believing that the person to be arrested has committed it.
3. Where the peace officer has reasonable ground for believing that an indictable public offense has been committed and has reasonable ground for believing that the person to be arrested has committed it.
4. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge.
5. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.
6. As required by section 236.12, subsection 2.
[C51, §2840; R60, §4547, 4548; C73, §4199, 4200; C97, §5196; C24, 27, 31, 35, 39, §13468; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.4; C79, 81, §804.7]
85 Acts, ch 175, §12; 86 Acts, ch 1179, §7
Referred to in §28J.7, 804.7A, 805.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.7A - Arrests by federal law enforcement officers.

804.7A Arrests by federal law enforcement officers.
1. For purposes of this section, “federal law enforcement officer” means a person employed full time by the United States government who is empowered to effect an arrest with or without a warrant for a violation of the United States Code and who is authorized to carry a firearm in the performance of the person’s duties as a federal law enforcement officer.
2. A federal law enforcement officer has the same authority, as provided in section 804.7, subsection 3, and has the same immunity from suit in this state as a peace officer, as defined in section 801.4, subsection 11, when making an arrest in this state for a nonfederal crime if either of the following exists:
a. The federal law enforcement officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it.
b. The federal law enforcement officer is rendering assistance to a peace officer of this state in an emergency or at the request of the peace officer.
90 Acts, ch 1014, §1
Referred to in §804.7B
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.7B - Arrests by out-of-state peace officers.

804.7B Arrests by out-of-state peace officers.
1. For purposes of this section, “out-of-state peace officer” means a person employed full time as a peace officer by a state other than Iowa or a political subdivision of a state other than Iowa who is empowered to effect an arrest with or without a warrant under the laws of that jurisdiction, who is authorized to carry a firearm in the performance of the person’s duties, and who is certified or licensed as a regular peace officer in the jurisdiction in which the person’s employing agency or appointing authority is located. Notwithstanding section 804.7A, for purposes of this section “out-of-state peace officer” also means a person employed full time by the United States government who is empowered to effect an arrest with or without a warrant for a violation of the United States Code and who is authorized to carry a firearm in the performance of the person’s duties as a federal law enforcement officer.
2. a. An out-of-state peace officer may make arrests and conduct other law enforcement activities in this state pursuant to an agreement entered into under chapter 28E by the peace officer’s employing agency or appointing authority and the state of Iowa or a political subdivision of the state of Iowa. Any arrests made or activities conducted by an out-of-state peace officer shall be in accordance with any conditions and specifications contained in the agreement and shall be in accordance with Iowa law. An out-of-state peace officer who makes an arrest or conducts an activity in this state shall immediately contact and cooperate with a law enforcement agency having jurisdiction over the area in which the activities have occurred. An out-of-state peace officer who acts in accordance with an agreement entered into pursuant to this section and Iowa law has the same immunity from suit in this state as a peace officer, as defined in section 801.4.
b. Out-of-state peace officers making arrests or conducting law enforcement activities in this state pursuant to a chapter 28E agreement are not employees or agents of the state of Iowa or any political subdivision of the state of Iowa. To the extent permitted by law, the employing agency or appointing agency of the out-of-state peace officer and the out-of-state peace officer are liable for any acts or omissions which arise out of the arrests or law enforcement activities of the out-of-state peace officer.
c. Agreements made under this section shall not exceed any jurisdictional limitations to which the state or the political subdivision of this state are subject. Agreements made under this section shall not permit out-of-state peace officers to perform regularly scheduled or routine patrol functions. This section shall not be construed to limit the authority of an employing agency or appointing authority to restrict the exercise of power or authority of peace officers who are employed by or are the agents of the agency or authority.
98 Acts, ch 1140, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.8 - Use of force by peace officer making an arrest.

804.8 Use of force by peace officer making an arrest.
1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following apply:
a. The person has used or threatened to use deadly force in committing a felony.
b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended.
2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid.
3. For purposes of this section, “chokehold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air.
[C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §804.8]
2013 Acts, ch 90, §238; 2020 Acts, ch 1037, §2
Referred to in §704.12, 811.8
Reasonable or deadly force, see chapter 704
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.9 - Arrests by private persons.

804.9 Arrests by private persons.
A private person may make an arrest:
1. For a public offense committed or attempted in the person’s presence.
2. When a felony has been committed, and the person has reasonable ground for believing that the person to be arrested has committed it.
[C51, §2846; R60, §4549; C73, §4201; C97, §5197; C24, 27, 31, 35, 39, §13469; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.5; C79, 81, §804.9]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.10 - Use of force in arrest by private person.

804.10 Use of force in arrest by private person.
1. A private person who makes or assists another private person in making a lawful arrest is justified in using any force which the person reasonably believes to be necessary to make the arrest or which the person reasonably believes to be necessary to prevent serious injury to any person.
2. A private person who is summoned or directed by a peace officer to assist in making an arrest may use whatever force the peace officer could use under the circumstances, provided that, if the arrest is unlawful, the private person assisting the officer shall be justified as if the arrest were a lawful arrest, unless the person knows that the arrest is unlawful.
[C79, 81, §804.10]
2018 Acts, ch 1041, §127
Referred to in §704.12
Reasonable or deadly force, see chapter 704
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.11 - Arrest of material witness.

804.11 Arrest of material witness.
1. When a law enforcement officer has probable cause to believe that a person is a necessary and material witness to a felony and that such person might be unavailable for service of a subpoena, the officer may arrest such person as a material witness with or without an arrest warrant.
2. At the time of the arrest, the law enforcement officer shall inform the person of:
a. The officer’s identity as a law enforcement officer.
b. The reason for the arrest which is that the person is believed to be a material witness to an identified felony and that the person might be unavailable for service of a subpoena.
[C51, §2876 – 2879; R60, §4601 – 4604; C73, §4248 – 4251; C97, §5232 – 5235; C24, 27, 31, 35, 39, §13547 – 13550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §761.21 – 761.24; C79, 81, §804.11]
2013 Acts, ch 90, §239
Referred to in §804.23
Fees to material witnesses, §815.6