Iowa Code 708.12 – Removal of an officer’s communication or control device
Current as of: 2024 | Check for updates
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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 708.12
- 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
708.12 Removal of an officer’s communication or control device.
1. As used in this section, “”officer”” means peace officer as defined in § 724.2A or a
correctional officer.
2. A person who knowingly or intentionally removes or attempts to remove a communication device or any device used for control from the possession of an officer, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be an officer, commits the offense of removal of an officer’s communication or control device.
3. a. A person who removes or attempts to remove an officer’s communication or control device is guilty of a simple misdemeanor.
b. A person who knowingly or intentionally removes or attempts to remove a communication or control device from the possession of an officer with the intent to interfere with the communications or duties of the officer, is guilty of a serious misdemeanor.
c. If a violation of paragraph “”a”” results in bodily injury to the officer the person is guilty of a serious misdemeanor.
d. If a violation of paragraph “”a”” results in serious injury to the officer the person is guilty of an aggravated misdemeanor.
e. If a violation of paragraph “”a”” occurs and the person knowingly or intentionally causes bodily injury to the officer the person is guilty of an aggravated misdemeanor.
f. If a violation of paragraph “”a”” occurs and the person knowingly or intentionally causes serious injury to the officer the person is guilty of a class “”D”” felony.
2013 Acts, ch 52, §2
Referred to in §702.11, 901C.3
1. As used in this section, “”officer”” means peace officer as defined in § 724.2A or a
correctional officer.
2. A person who knowingly or intentionally removes or attempts to remove a communication device or any device used for control from the possession of an officer, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be an officer, commits the offense of removal of an officer’s communication or control device.
3. a. A person who removes or attempts to remove an officer’s communication or control device is guilty of a simple misdemeanor.
b. A person who knowingly or intentionally removes or attempts to remove a communication or control device from the possession of an officer with the intent to interfere with the communications or duties of the officer, is guilty of a serious misdemeanor.
c. If a violation of paragraph “”a”” results in bodily injury to the officer the person is guilty of a serious misdemeanor.
d. If a violation of paragraph “”a”” results in serious injury to the officer the person is guilty of an aggravated misdemeanor.
e. If a violation of paragraph “”a”” occurs and the person knowingly or intentionally causes bodily injury to the officer the person is guilty of an aggravated misdemeanor.
f. If a violation of paragraph “”a”” occurs and the person knowingly or intentionally causes serious injury to the officer the person is guilty of a class “”D”” felony.
2013 Acts, ch 52, §2
Referred to in §702.11, 901C.3