903.1  Maximum sentence for misdemeanants.

1.  If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and a specific penalty is not provided for or if a person under eighteen years of age has been waived to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix the period of confinement or the amount of fine, which fine shall not be suspended by the court, within the following limits:

a.  For a simple misdemeanor, either imprisonment not to exceed thirty days, or a fine of at least fifty dollars but not to exceed one hundred dollars.

b.  For a serious misdemeanor, there shall be a fine of at least two hundred fifty dollars but not to exceed one thousand five hundred dollars. In addition, the court may also order imprisonment not to exceed one year.

2.  When a person is convicted of an aggravated misdemeanor, and a specific penalty is not provided for, the maximum penalty shall be imprisonment not to exceed two years. There shall be a fine of at least five hundred dollars but not to exceed five thousand dollars. When a judgment of conviction of an aggravated misdemeanor is entered against any person and the court imposes a sentence of confinement for a period of more than one year the term shall be an indeterminate term.

3.  A person under eighteen years of age convicted of a simple misdemeanor under chapter 321, 321G, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of a county or municipal curfew or traffic ordinance, except for an offense subject to section 805.8, may be required to pay a fine, not to exceed one hundred dollars, as fixed by the court, or may be required to perform community service as ordered by the court.

4.  The criminal penalty surcharge required by section 911.2 shall be added to a fine imposed on a misdemeanant, and is not a part of or subject to the maximums set in this section.

Section History: Early form

  [C51, § 2676; R60, § 4303; C73, § 3967; C97, § 4906; C24, 27, 31, 35, 39, § 12894; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §687.7; C79, 81, § 903.1]

Section History: Recent form

  83 Acts, ch 183, § 2, 3; 84 Acts, ch 1219, § 39; 87 Acts, ch 149, § 7; 88 Acts, ch 1158, § 100; 88 Acts, ch 1167, § 8, 9; 90 Acts, ch 1251, § 66; 91 Acts, ch 240, § 10; 92 Acts, ch 1160, § 25; 93 Acts, ch 110, §10

Internal References

  Referred to in § 124.401, 207.15, 228.7, 232.8, 331.909, 709.15, 724.4A


  See also § 701.8

  Enhanced penalties in weapons free zones, see §724.4A

  Surcharge on penalty, chapter 911

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