Iowa Code 692.1 – Definitions of words and phrases
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 |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 692.1
- Arrest: Taking physical custody of a person by lawful authority.
- Child: includes child by adoption. See Iowa Code 4.1
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
692.1 Definitions of words and phrases.
As used in this chapter, unless the context otherwise requires:
1. “”Adjudication data”” means information that an adjudication of delinquency for an act which would be a serious or aggravated misdemeanor or felony if committed by an adult was entered against a juvenile and includes the date and location of the delinquent act and the place and court of adjudication.
2. “”Arrest data”” means information pertaining to an arrest for a public offense and includes the charge, date, time and place. Arrest data includes arrest warrants for all public offenses outstanding and not served and includes the filing of charges, by preliminary information when filed by a peace officer or law enforcement officer or indictment, the date and place of alleged commission and county of jurisdiction.
3. “”Conviction data”” means information that a person was convicted of or entered a plea of guilty to a public offense and includes the date and location of commission and place and court of conviction.
4. “”Correctional data”” means information pertaining to the status, location, and activities of persons under the supervision of the county sheriff, the Iowa department of corrections, the board of parole, or any other state or local agency performing the same or similar function, but does not include investigative, sociological, psychological, economic, or other subjective information maintained by the Iowa department of corrections or board of parole.
5. “”Criminal history data”” means any or all of the following information maintained by the department or division in a manual or automated data storage system and individually identified:
a. Arrest data.
b. Conviction data. c. Disposition data. d. Correctional data. e. Adjudication data. f. Custody data.
6. “”Criminal investigative data”” means information collected in the course of an investigation where there are reasonable grounds to suspect that specific criminal acts have been committed by a person.
7. “”Criminal or juvenile justice agency”” means either of the following:
a. An agency or department of any level of government or an entity wholly owned, financed, or controlled by one or more such agencies or departments, or a federally recognized Indian tribe which has entered into a written agreement with the department irrevocably waiving any tribal sovereign immunity related to the dissemination or use of criminal history data obtained because of that written agreement, which performs as its principal function the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal or juvenile offenders.
b. County attorneys and assistant county attorneys in a proceeding alleging that a child is a child in need of assistance as defined in § 232.2.
8. “”Custody data”” means information pertaining to the taking into custody, pursuant to § 232.19, of a juvenile for a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, and includes the date, time, place, and facts and circumstances of the delinquent act. Custody data includes warrants for the taking into custody for all delinquent acts outstanding and not served and includes the filing of a petition pursuant to § 232.35, the date and place of the alleged delinquent act, and the county of jurisdiction.
9. “”Department”” means the department of public safety.
10. “”Disposition data”” means information pertaining to a recorded court proceeding subsequent and incidental to a public offense arrest and includes dismissal of the charge, suspension or deferral of sentence.
11. “”Division”” means the department of public safety, division of criminal investigation.
12. “”Individually identified”” means criminal history data which relates to a specific person by one or more of the following means of identification:
§692.1, CRIMINAL HISTORY AND INTELLIGENCE DATA 2
As used in this chapter, unless the context otherwise requires:
1. “”Adjudication data”” means information that an adjudication of delinquency for an act which would be a serious or aggravated misdemeanor or felony if committed by an adult was entered against a juvenile and includes the date and location of the delinquent act and the place and court of adjudication.
2. “”Arrest data”” means information pertaining to an arrest for a public offense and includes the charge, date, time and place. Arrest data includes arrest warrants for all public offenses outstanding and not served and includes the filing of charges, by preliminary information when filed by a peace officer or law enforcement officer or indictment, the date and place of alleged commission and county of jurisdiction.
3. “”Conviction data”” means information that a person was convicted of or entered a plea of guilty to a public offense and includes the date and location of commission and place and court of conviction.
4. “”Correctional data”” means information pertaining to the status, location, and activities of persons under the supervision of the county sheriff, the Iowa department of corrections, the board of parole, or any other state or local agency performing the same or similar function, but does not include investigative, sociological, psychological, economic, or other subjective information maintained by the Iowa department of corrections or board of parole.
5. “”Criminal history data”” means any or all of the following information maintained by the department or division in a manual or automated data storage system and individually identified:
a. Arrest data.
b. Conviction data. c. Disposition data. d. Correctional data. e. Adjudication data. f. Custody data.
6. “”Criminal investigative data”” means information collected in the course of an investigation where there are reasonable grounds to suspect that specific criminal acts have been committed by a person.
7. “”Criminal or juvenile justice agency”” means either of the following:
a. An agency or department of any level of government or an entity wholly owned, financed, or controlled by one or more such agencies or departments, or a federally recognized Indian tribe which has entered into a written agreement with the department irrevocably waiving any tribal sovereign immunity related to the dissemination or use of criminal history data obtained because of that written agreement, which performs as its principal function the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal or juvenile offenders.
b. County attorneys and assistant county attorneys in a proceeding alleging that a child is a child in need of assistance as defined in § 232.2.
8. “”Custody data”” means information pertaining to the taking into custody, pursuant to § 232.19, of a juvenile for a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, and includes the date, time, place, and facts and circumstances of the delinquent act. Custody data includes warrants for the taking into custody for all delinquent acts outstanding and not served and includes the filing of a petition pursuant to § 232.35, the date and place of the alleged delinquent act, and the county of jurisdiction.
9. “”Department”” means the department of public safety.
10. “”Disposition data”” means information pertaining to a recorded court proceeding subsequent and incidental to a public offense arrest and includes dismissal of the charge, suspension or deferral of sentence.
11. “”Division”” means the department of public safety, division of criminal investigation.
12. “”Individually identified”” means criminal history data which relates to a specific person by one or more of the following means of identification:
§692.1, CRIMINAL HISTORY AND INTELLIGENCE DATA 2
a. Name and alias, if any. b. Social security number. c. Fingerprints.
d. Other index cross-referenced to paragraph “”a””, “”b””, or “”c””.
e. Other individually identifying characteristics.
13. “”Intelligence assessment”” means an analysis of information based in whole or in part upon intelligence data.
14. “”Intelligence data”” means information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor possible criminal activity.
15. “”Public offense”” as used in subsections 2, 3, and 10 does not include nonindictable offenses under either chapter 321 or local traffic ordinances.
16. “”Surveillance data”” means information on individuals, pertaining to participation in organizations, groups, meetings or assemblies, where there are no reasonable grounds to suspect involvement or participation in criminal activity by any person.
[C75, 77, §749B.1; C79, 81, §692.1; 81 Acts, ch 38, §2, 3]
83 Acts, ch 96, §117, 159; 83 Acts, ch 113, §1; 95 Acts, ch 191, §28 – 31; 97 Acts, ch 126,
§46; 2003 Acts, ch 14, §1, 5; 2005 Acts, ch 35, §31; 2006 Acts, ch 1034, §2; 2023 Acts, ch 65,
§1; 2023 Acts, ch 142, §1
Referred to in §80.9B, 81.8, 81.13, 236.9, 236A.10, 692.17, 692.22, 724.23, 901C.2
See Code editor’s note on simple harmonization at the beginning of this Code volume
Subsection 7 amended