Iowa Code 726.26 – Dependent adult abuse — initiation of charges — penalty
Current as of: 2023 | Check for updates
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1. For the purposes of this section, “caretaker”, “dependent adult”, and “dependent adult abuse” mean the same as defined in section 235B.2.
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 |
| 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 726.26
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dependent: A person dependent for support upon another.
- property: includes personal and real property. See Iowa Code 4.1
2. A charge of dependent adult abuse may be initiated upon the complaint of a private individual, as a result of an investigation by a social service agency, or on the direct initiative of the office of the attorney general, a county attorney, or a law enforcement agency.
3. A caretaker who intentionally or recklessly commits dependent adult abuse is guilty of murder in the second degree in violation of section 707.3 if the intentional or reckless dependent adult abuse results in the death of the dependent adult.
4. A caretaker who intentionally commits dependent adult abuse is guilty of a class “C” felony if the intentional dependent adult abuse results in serious injury.
5. A caretaker who recklessly commits dependent adult abuse is guilty of a class “D” felony if the reckless dependent adult abuse results in serious injury.
6. A caretaker who intentionally commits dependent adult abuse is guilty of a class “C” felony if the intentional dependent adult abuse results in physical injury.
7. A caretaker who commits dependent adult abuse by exploitation of a dependent adult is guilty of a class “D” felony if the value of the property, assets, or resources exceeds one hundred dollars.
8. A caretaker who recklessly commits dependent adult abuse is guilty of an aggravated misdemeanor if the reckless dependent adult abuse results in physical injury.
9. A caretaker who otherwise intentionally or knowingly commits dependent adult abuse is guilty of a serious misdemeanor.
10. A caretaker who commits dependent adult abuse by exploitation of a dependent adult is guilty of a simple misdemeanor if the value of the property, assets, or resources is one hundred dollars or less.
11. A caretaker alleged to have committed dependent adult abuse shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.