Iowa Code 915.36 – Protection of child victim’s privacy
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Terms Used In Iowa Code 915.36
- Arrest: Taking physical custody of a person by lawful authority.
- Child: includes child by adoption. See Iowa Code 4.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
915.36 Protection of child victim’s privacy.
1. Prior to an arrest or the filing of an information or indictment, whichever occurs first, against a person charged with a violation of chapter 709, § 726.2, or § 728.12, committed with or on a child, as defined in § 232.2, the identity of the child or any information reasonably likely to disclose the identity of the child shall not be released to the public by any public employee except as authorized by the court having jurisdiction.
2. In order to protect the welfare of the child, the name of the child and identifying biographical information shall not appear on the information or indictment or any other public record including any civil filings arising from the criminal violation. Instead, a nondescriptive designation shall appear on all public records. The nonpublic records containing the child’s name and identifying biographical information shall be kept by the court. This subsection does not apply to the release of information to a defendant or defendant’s counsel; however, the use or release of this information by the defendant or defendant’s counsel for purposes other than the preparation of defense constitutes contempt.
3. A person who willfully violates this section or who willfully neglects or refuses to obey a court order made pursuant to this section commits contempt.
4. A release of information in violation of this section does not bar prosecution or provide grounds for dismissal of charges.
5. This section also applies to an alleged victim of a violation of chapter 709, § 726.2, or § 728.12, who has attained the age of eighteen but who was a child, as defined in § 232.2, at the time the violation occurred.
98 Acts, ch 1090, §29, 84; 2020 Acts, ch 1094, §1, 2; 2021 Acts, ch 80, §378
1. Prior to an arrest or the filing of an information or indictment, whichever occurs first, against a person charged with a violation of chapter 709, § 726.2, or § 728.12, committed with or on a child, as defined in § 232.2, the identity of the child or any information reasonably likely to disclose the identity of the child shall not be released to the public by any public employee except as authorized by the court having jurisdiction.
2. In order to protect the welfare of the child, the name of the child and identifying biographical information shall not appear on the information or indictment or any other public record including any civil filings arising from the criminal violation. Instead, a nondescriptive designation shall appear on all public records. The nonpublic records containing the child’s name and identifying biographical information shall be kept by the court. This subsection does not apply to the release of information to a defendant or defendant’s counsel; however, the use or release of this information by the defendant or defendant’s counsel for purposes other than the preparation of defense constitutes contempt.
3. A person who willfully violates this section or who willfully neglects or refuses to obey a court order made pursuant to this section commits contempt.
4. A release of information in violation of this section does not bar prosecution or provide grounds for dismissal of charges.
5. This section also applies to an alleged victim of a violation of chapter 709, § 726.2, or § 728.12, who has attained the age of eighteen but who was a child, as defined in § 232.2, at the time the violation occurred.
98 Acts, ch 1090, §29, 84; 2020 Acts, ch 1094, §1, 2; 2021 Acts, ch 80, §378