Iowa Code 801.4 – Definitions
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 |
|---|---|---|
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 801.4
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- 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
801.4 Definitions.
For the purposes of Title XVI,* unless the context otherwise requires:
1. The words “”accused person””, “”accused””, “”defendant””, and similar words mean an individual, a public or private corporation, a partnership, or an unincorporated or voluntary association.
2. “”Attorney general”” includes an authorized assistant of the attorney general.
3. “”Charge”” means a written statement presented to a court accusing a person of the commission of a public offense, including but not limited to a complaint, information, or indictment.
4. “”Complaint”” means a statement in writing, under oath or affirmation, made before a magistrate or district court clerk or clerk’s designee as the case may be, of the commission of a public offense, and accusing someone of committing the public offense. A complaint shall be substantially in the form provided in the Iowa rules of criminal procedure.
5. “”County attorney”” includes an authorized assistant of the county attorney.
6. “”Court”” means a place where justice is administered by a magistrate and includes such magistrate while acting in a judicial capacity.
7. “”Criminal proceeding”” is a proceeding in which a person is accused of a public offense.
8. “”Indictable offense”” means an offense other than a simple misdemeanor.
9. “”Indigent person”” means a person who is indigent as determined in accordance with § 815.9.
10. “”Magistrate”” means all judges of the district court, including district associate judges and judicial magistrates throughout the state.
11. “”Peace officers””, sometimes designated “”law enforcement officers””, include:
a. Sheriffs and their regular deputies who are subject to mandated law enforcement training.
b. Marshals and police officers of cities.
c. Peace officer members of the department of public safety as defined in chapter 80.
d. Parole officers acting pursuant to § 906.2.
e. Probation officers acting pursuant to § 602.7202, subsection 4, and § 907.2.
f. Special security officers employed by board of regents institutions as set forth in section
262.13.
g. Conservation officers as authorized by § 456A.13.
h. Such employees of the department of transportation as are designated “”peace officers””
by resolution of the department under § 321.477.
i. Employees of an aviation authority designated as “”peace officers”” by the authority under § 330A.8, subsection 16.
j. Such persons as may be otherwise so designated by law.
12. “”Prosecuting attorney””, sometimes designated “”prosecutor””, means any attorney who is authorized by law to appear on the behalf of the state in a criminal case, and includes the attorney general, an assistant attorney general, the county attorney, an assistant county attorney, or a special or substitute prosecutor whose appearance is approved by a court having jurisdiction to try the defendant for the offense with which the defendant is charged. In the case of prosecution for a municipal ordinance violation, “”prosecuting attorney”” means a city attorney or an assistant city attorney.
13. “”Prosecution”” means the commencement, including the filing of a complaint, and
For the purposes of Title XVI,* unless the context otherwise requires:
1. The words “”accused person””, “”accused””, “”defendant””, and similar words mean an individual, a public or private corporation, a partnership, or an unincorporated or voluntary association.
2. “”Attorney general”” includes an authorized assistant of the attorney general.
3. “”Charge”” means a written statement presented to a court accusing a person of the commission of a public offense, including but not limited to a complaint, information, or indictment.
4. “”Complaint”” means a statement in writing, under oath or affirmation, made before a magistrate or district court clerk or clerk’s designee as the case may be, of the commission of a public offense, and accusing someone of committing the public offense. A complaint shall be substantially in the form provided in the Iowa rules of criminal procedure.
5. “”County attorney”” includes an authorized assistant of the county attorney.
6. “”Court”” means a place where justice is administered by a magistrate and includes such magistrate while acting in a judicial capacity.
7. “”Criminal proceeding”” is a proceeding in which a person is accused of a public offense.
8. “”Indictable offense”” means an offense other than a simple misdemeanor.
9. “”Indigent person”” means a person who is indigent as determined in accordance with § 815.9.
10. “”Magistrate”” means all judges of the district court, including district associate judges and judicial magistrates throughout the state.
11. “”Peace officers””, sometimes designated “”law enforcement officers””, include:
a. Sheriffs and their regular deputies who are subject to mandated law enforcement training.
b. Marshals and police officers of cities.
c. Peace officer members of the department of public safety as defined in chapter 80.
d. Parole officers acting pursuant to § 906.2.
e. Probation officers acting pursuant to § 602.7202, subsection 4, and § 907.2.
f. Special security officers employed by board of regents institutions as set forth in section
262.13.
g. Conservation officers as authorized by § 456A.13.
h. Such employees of the department of transportation as are designated “”peace officers””
by resolution of the department under § 321.477.
i. Employees of an aviation authority designated as “”peace officers”” by the authority under § 330A.8, subsection 16.
j. Such persons as may be otherwise so designated by law.
12. “”Prosecuting attorney””, sometimes designated “”prosecutor””, means any attorney who is authorized by law to appear on the behalf of the state in a criminal case, and includes the attorney general, an assistant attorney general, the county attorney, an assistant county attorney, or a special or substitute prosecutor whose appearance is approved by a court having jurisdiction to try the defendant for the offense with which the defendant is charged. In the case of prosecution for a municipal ordinance violation, “”prosecuting attorney”” means a city attorney or an assistant city attorney.
13. “”Prosecution”” means the commencement, including the filing of a complaint, and
§801.4, CRIMINAL PROCEDURE SCOPE AND DEFINITIONS 2
continuance of a criminal proceeding, and pursuit of that proceeding to final judgment on behalf of the state or other political subdivision.
[C51, §2778, 2822, 2823, 2830; R60, §4439, 4440, 4447, 4530; C73, §4108, 4109, 4111; C97,
§5097, 5099, 5101; C24, 27, 31, 35, 39, §13403, 13405, 13458; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, §748.1, 748.3, 754.1; C79, 81, S81, §801.4; 81 Acts, ch 117, §1240]
83 Acts, ch 186, §10129, 10130, 10201; 84 Acts, ch 1019, §1, 2; 89 Acts, ch 182, §11; 90 Acts, ch 1233, §43
Referred to in §7.10, 8A.363, 9E.2, 70A.9, 80F.2, 80G.1, 80H.1, 123.46, 125.2, 135.190A, 147A.1, 229.1, 233.1, 235F.1, 321.1, 321.176A,
321.178, 321.224, 321.231B, 321.279, 321.484, 321.492, 321.513, 321L.4, 330A.8, 331.604, 351.45, 351.46, 422.7(41)(c), 453A.2, 509A.13C,
707.11, 721.12, 804.7, 804.7A, 804.7B
*This provision does not include chapters 709A, 718A, 822, 904, 913, and 914, which were moved into Title XVI by the Code editor. Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters.