902.9  Maximum sentence for felons.

The maximum sentence for any person convicted of a felony shall be that prescribed by statute or, if not prescribed by statute, if other than a class "A" felony shall be determined as follows:

1.  A felon sentenced for a first conviction for a violation of section 124.401D, shall be confined for no more than ninety-nine years.

2.  A class "B" felon shall be confined for no more than twenty-five years.

3.  An habitual offender shall be confined for no more than fifteen years.

4.  A class "C" felon, not an habitual offender, shall be confined for no more than ten years, and in addition shall be sentenced to a fine of at least one thousand dollars but not more than ten thousand dollars.

5.  A class "D" felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars. A class "D" felon, such felony being for a violation of section 321J.2, may be sentenced to imprisonment for up to one year in the county jail.

The criminal penalty surcharge required by sections 911.2 and 911.3 shall be added to a fine imposed on a class "C" or class "D" felon, as provided by that section, and is not a part of or subject to the maximums set in this section.

Section History: Early form

  [C79, 81, § 902.9]

Section History: Recent form

  84 Acts, ch 1134, § 1; 84 Acts, ch 1219, § 38; 86 Acts, ch 1220, § 44; 92 Acts, ch 1163, § 121; 93 Acts, ch 110, §9; 99 Acts, ch 12, §17; 99 Acts, ch 65, §6, 7; 2001 Acts, ch 168, §4

Internal References

  Referred to in § 48A.11, 124.401, 124.401D, 142C.10, 232.8, 707.3, 708.2A, 716.10, 724.4A, 726.6A, 728.12, 811.1, 901.2, 901.5A, 901.10, 902.3, 902.3A, 906.5

Footnotes

  Enhanced penalties in weapons free zones, see §724.4A

  Habitual offender, § 902.8

  Surcharge on penalty, chapter 911


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