Iowa Code 692A.111 – Failure to comply — penalty
Current as of: 2023 | Check for updates
|
Other versions
1. A sex offender who violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. However, a sex offender convicted of an aggravated offense against a minor, a sex offense against a minor, or a sexually violent offense committed while in violation of any of the requirements specified in section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 is guilty of a class “C” felony, in addition to any other penalty provided by law. Any fine imposed for a second or subsequent violation shall not be suspended. Notwithstanding section 907.3, the court shall not defer judgment or sentence for any violation of any requirements specified in this chapter. For purposes of this subsection, a violation occurs when a sex offender knows or reasonably should know of the duty to fulfill a requirement specified in this chapter as referenced in the offense charged.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 10 years | between $1,370 and $13,660 |
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 692A.111
- Aggravated offense: means a conviction for any of the following offenses:(1) Sexual abuse in the first degree in violation of section 709. See Iowa Code 692A.101
- Convicted: means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another jurisdiction including in a federal, military, tribal, or foreign court, including but not limited to a juvenile who has been adjudicated delinquent, but whose juvenile court records have been sealed under section 232. See Iowa Code 692A.101
- Minor: means a person under eighteen years of age. See Iowa Code 692A.101
- Sex offender: means a person who is required to be registered under this chapter. See Iowa Code 692A.101
- Sex offense: means an indictable offense for which a conviction has been entered that is enumerated in section 692A. See Iowa Code 692A.101
- Sexually violent offense: means an offense for which a conviction has been entered for any of the following indictable offenses:
a. See Iowa Code 692A.1012. Violations in any other jurisdiction under sex offender registry provisions that are substantially similar to those contained in this section shall be counted as previous offenses. The court shall judicially notice the statutes of other states which are substantially similar to this section.3. Any violation of this chapter prior to July 1, 2009, shall be considered a previous offense for purposes of enhancing any penalty or period of registration under this chapter.4. A sex offender who violates any provision of this chapter may be prosecuted in any county where registration is required by the provisions of this chapter.