Iowa Code 716.8 – Penalties
Current as of: 2023 | Check for updates
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1. Any person who knowingly trespasses upon the property of another commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 12. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 716.8
- Arrest: Taking physical custody of a person by lawful authority.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
2. Any person committing a trespass as defined in section 716.7, other than a trespass as defined insection 716.7, subsection 2, paragraph “a”, subparagraph (6), which results in injury to any person or damage in an amount more than three hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
3. A person who knowingly trespasses on the property of another with the intent to commit a hate crime, as defined in section 729A.2, commits a serious misdemeanor.
4. A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than three hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.
5. A person who commits a trespass while hunting deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 12. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law. The person shall also be subject to civil penalties as provided in sections 481A.130 and 481A.131. A deer taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12.
6. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), commits a class “D” felony.
7. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor.
8. a. For a first offense, a person who commits food operation trespass as provided in section 716.7A is guilty of an aggravated misdemeanor.
b. For a second or subsequent offense, a person who commits food operation trespass as provided in section 716.7A is guilty of a class “D” felony.