Iowa Code 716.8 – Penalties
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 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
716.8 Penalties.
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.
2. Any person committing a trespass as defined in § 716.7, other than a trespass as defined in § 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 § 729A.2, commits a serious misdemeanor.
4. A person committing a trespass as defined in § 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 § 170.1 or preserve whitetail as defined in § 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 § 481A.12.
6. Any person who commits a trespass as defined in § 716.7, subsection 2, paragraph
“”a””, subparagraph (6), commits a class “”D”” felony.
7. Any person who commits a trespass as defined in § 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 § 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 § 716.7A is guilty of a class “”D”” felony. [C73, 75, 77, §729.2, 729.3; C79, 81, §716.8]
92 Acts, ch 1157, §6; 99 Acts, ch 153, §15, 16; 2007 Acts, ch 28, §21; 2008 Acts, ch 1161, §21;
2011 Acts, ch 51, §6, 7; 2013 Acts, ch 90, §253; 2016 Acts, ch 1082, §5; 2017 Acts, ch 140, §2,
3; 2018 Acts, ch 1026, §175; 2019 Acts, ch 140, §22; 2020 Acts, ch 1036, §18, 19
Referred to in §29A.42, 232.2, 648.1A, 729A.2, 805.8C(12), 901C.3
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.
2. Any person committing a trespass as defined in § 716.7, other than a trespass as defined in § 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 § 729A.2, commits a serious misdemeanor.
4. A person committing a trespass as defined in § 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 § 170.1 or preserve whitetail as defined in § 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 § 481A.12.
6. Any person who commits a trespass as defined in § 716.7, subsection 2, paragraph
“”a””, subparagraph (6), commits a class “”D”” felony.
7. Any person who commits a trespass as defined in § 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 § 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 § 716.7A is guilty of a class “”D”” felony. [C73, 75, 77, §729.2, 729.3; C79, 81, §716.8]
92 Acts, ch 1157, §6; 99 Acts, ch 153, §15, 16; 2007 Acts, ch 28, §21; 2008 Acts, ch 1161, §21;
2011 Acts, ch 51, §6, 7; 2013 Acts, ch 90, §253; 2016 Acts, ch 1082, §5; 2017 Acts, ch 140, §2,
3; 2018 Acts, ch 1026, §175; 2019 Acts, ch 140, §22; 2020 Acts, ch 1036, §18, 19
Referred to in §29A.42, 232.2, 648.1A, 729A.2, 805.8C(12), 901C.3