CHAPTER 719
OBSTRUCTING JUSTICE

Referred to in §331.307, 364.22, 701.1, 901C.3

  
     
719.1  Interference with official acts.
  1.  a.  A person commits interference with official acts when the person knowingly resists or obstructs anyone known by the person to be a peace officer, jailer, emergency medical care provider under chapter 147A, medical examiner, or fire fighter, whether paid or volunteer, or a person performing bailiff duties pursuant to section 602.1303, subsection 3, in the performance of any act which is within the scope of the lawful duty or authority of that officer, jailer, emergency medical care provider under chapter 147A, medical examiner, or fire fighter, whether paid or volunteer, or a person performing bailiff duties pursuant to section 602.1303, subsection 3, or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court.
  b.  Interference with official acts is a simple misdemeanor. In addition to any other penalties, the punishment imposed under this paragraph shall include assessment of a fine of not less than two hundred fifty dollars.
  c.  If a person commits interference with official acts, as defined in this subsection, which results in bodily injury, the person commits a serious misdemeanor.
  d.  If a person commits interference with official acts, as defined in this subsection, which results in serious injury, the person commits an aggravated misdemeanor.
  e.  If a person commits interference with official acts, as defined in this subsection, and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated misdemeanor.
  f.  If a person commits interference with official acts, as defined in this subsection, and in so doing inflicts or attempts to inflict serious injury, or displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, that person commits a class “D” felony.
  2.  a.  A person under the custody, control, or supervision of the department of corrections commits interference with official acts when the person knowingly resists, obstructs, or interferes with a correctional officer, agent, employee, or contractor, whether paid or volunteer, in the performance of the person’s official duties.
  b.  Interference with official acts in violation of this subsection is a serious misdemeanor.
  c.  If a person violates this subsection and in so doing commits an assault, as defined in section 708.1, the person commits an aggravated misdemeanor.
  d.  If a person violates this subsection and the violation results in bodily injury to another, the person commits an aggravated misdemeanor.
  e.  If a person violates this subsection and the violation results in serious injury to another, the person commits a class “D” felony.
  f.  If a person violates this subsection and in so doing inflicts or attempts to inflict bodily injury other than serious injury to another, displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, the person commits a class “D” felony.
  g.  If a person violates this subsection and uses or attempts to use a dangerous weapon, as defined in section 702.7, or inflicts serious injury to another, the person commits a class “C” felony.
  3.  The terms “resist” and “obstruct”, as used in this section, do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.
  4.  The term “jailer” as used in this section means the same as defined in section 708.3A.
[C51, §2669; R60, §4296; C73, §3960; C97, §4899; C24, 27, 31, 35, 39, §13331; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §742.1; C79, 81, §719.1]
84 Acts, ch 1246, §4; 91 Acts, ch 219, §22; 95 Acts, ch 90, §4; 96 Acts, ch 1034, §63; 99 Acts, ch 153, §21; 2013 Acts, ch 52, §3; 2013 Acts, ch 90, §202; 2014 Acts, ch 1026, §136; 2016 Acts, ch 1027, §1, 2; 2017 Acts, ch 42, §1; 2021 Acts, ch 173, §2
Referred to in §29A.42

     
719.1A  Providing false identification information.
  A person who knowingly provides false identification information to anyone known by the person to be a peace officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or fire fighter, commits a simple misdemeanor.
2010 Acts, ch 1078, §1
Referred to in §805.3, 805.6

     
719.2  Refusing to assist officer.
  Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required. A person who, unreasonably and without lawful cause, refuses or neglects to render assistance when so requested commits a simple misdemeanor.
[C51, §2670, 2793, 2795, 2799; R60, §4297, 4489, 4491, 4495; C73, §3961, 4145, 4147, 5149; C97, §4900, 5143, 5145, 5149; C24, 27, 31, 35, 39, §13332, 13333, 13335, 13344; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §742.2, 742.3, 742.5, 743.6; C79, 81, §719.2]

     
719.3  Preventing apprehension, obstructing prosecution, or obstructing defense.
  A person who, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, knowingly does any of the following acts, commits an aggravated misdemeanor:
  1.  Destroys, alters, conceals or disguises physical evidence which would be admissible in the trial of another for a public offense, or makes available false evidence or furnishes false information with the intent that it be used in the trial of that case.
  2.  Induces a witness having knowledge material to the subject at issue to leave the state or hide, or to fail to appear when subpoenaed.
[C51, §2654; R60, §4281; C73, §3946; C97, §4882; C24, 27, 31, 35, 39, §13170; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §723.1; C79, 81, §719.3]

     
719.4  Escape or absence from custody.
  1.  A person convicted of a felony, or charged with or arrested for the commission of a felony, who intentionally escapes, or attempts to escape, from a detention facility, community-based correctional facility, or institution to which the person has been committed by reason of the conviction, charge, or arrest, or from the custody of any public officer, public employee, or any other person to whom the person has been entrusted, commits a class “D” felony.
  2.  A person convicted of, charged with, or arrested for a misdemeanor, who intentionally escapes, or attempts to escape, from a detention facility, community-based correctional facility, or institution to which the person has been committed by reason of the conviction, charge, or arrest, or from the custody of any public officer, public employee, or any other person to whom the person has been entrusted, commits a serious misdemeanor.
  3.  A person who has been committed to an institution under the control of the Iowa department of corrections, to a community-based correctional facility, or to a jail or correctional institution, who knowingly and voluntarily is absent from a place where the person is required to be, commits a serious misdemeanor.
  4.  A person who flees from the state to avoid prosecution for a public offense which is a felony or aggravated misdemeanor commits a class “D” felony.
  5.  Except for subsection 4, an offense committed under this section includes any offense committed wholly outside the state.
[C51, §2668; R60, §4295; C73, §3959; C97, §4898; S13, §4897-a, 4898; C24, 27, 31, 35, 39, §13351, 13353, 13358; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §745.1, 745.3, 745.8; C79, 81, §719.4; 82 Acts, ch 1082, §1]
83 Acts, ch 96, §119, 159; 86 Acts, ch 1040, §1; 86 Acts, ch 1238, §30; 99 Acts, ch 182, §3; 2000 Acts, ch 1037, §1, 2
Referred to in §356A.3, 901.8

     
719.5  Permitting prisoner to escape.
  Any jailer or other public officer or employee who voluntarily permits, aids or abets in the escape or attempted escape of any person in custody by reason of a conviction or charge of any crime, commits the crime of permitting a prisoner to escape which is subject to the following penalties:
  1.  If the prisoner is in custody by reason of a conviction or charge of a class “A” felony, the defendant commits a class “C” felony.
  2.  If the prisoner is in custody by reason of a conviction or charge of any public offense other than a class “A” felony, the defendant commits a class “D” felony.
[C51, §2661 – 2663; R60, §4288 – 4290; C73, §3953 – 3955; C97, §4891 – 4893; C24, 27, 31, 35, 39, §13359 – 13361; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §745.9 – 745.11; C79, 81, §719.5]

     
719.6  Assisting prisoner to escape.
  Any person who introduces into any detention facility or correctional institution any weapon, explosive or incendiary substance, rope, ladder, or any instrument or device by which that person intends to facilitate the escape of any prisoner, or any person who, not being authorized by law, knowingly causes any such weapon, explosive or incendiary substance, rope, ladder, instrument or device to come into the possession of any prisoner, commits the crime of assisting a prisoner to escape which is subject to the following penalties:
  1.  If the prisoner was confined by reason of a conviction of a class “A” felony, the defendant commits a class “C” felony.
  2.  If the prisoner was confined by reason of a conviction of any public offense other than a class “A” felony, the defendant commits a class “D” felony.
[C51, §2664 – 2666; R60, §4291 – 4293; C73, §1663, 3956 – 3958; C97, §2712, 4894 – 4896; C13, §4913-a; SS15, §2713-n16; C24, 27, 31, 35, 39, §13362 – 13368; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §745.12 – 745.18; C79, 81, §719.6]

  
     
719.7  Possessing contraband.
  1.  “Contraband” includes but is not limited to any of the following:
  a.  A controlled substance or a simulated or counterfeit controlled substance, hypodermic syringe, or intoxicating beverage.
  b.  A dangerous weapon, offensive weapon, pneumatic gun, stun gun, firearm ammunition, knife of any length or any other cutting device, explosive or incendiary material, instrument, device, or other material fashioned in such a manner as to be capable of inflicting death or injury.
  c.  Rope, ladder components, key or key pattern, metal file, instrument, device, or other material designed or intended to facilitate escape of an inmate.
  2.  The sheriff may x-ray a person committed to the jail, or the department of corrections may x-ray a person under the control of the department, if there is reason to believe that the person is in possession of contraband. A licensed physician or x-ray technician under the supervision of a licensed physician must x-ray the person.
  3.  A person commits the offense of possessing contraband if the person, not authorized by law, does any of the following:
  a.  Knowingly introduces contraband into, or onto, the grounds of a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.
  b.  Knowingly conveys contraband to any person confined in a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.
  c.  Knowingly makes, obtains, or possesses contraband while confined in a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections, or while being transported or moved incidental to confinement.
  4.  A person who possesses contraband or fails to report an offense of possessing contraband commits the following:
  a.  A class “C” felony for the possession of contraband if the contraband is of the type described in subsection 1, paragraph “b”.
  b.  A class “D” felony for the possession of contraband if the contraband is any other type of contraband.
  c.  An aggravated misdemeanor for failing to report a known violation or attempted violation of this section to an official or officer at a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.
  5.  Nothing in this section is intended to limit the authority of the administrator of any secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections to prescribe or enforce rules concerning the definition of contraband, and the transportation, making, or possession of substances, devices, instruments, materials, or other items.
[C73, §1663; C97, §2712; S13, §4913-a; SS15, §2713-n16; C24, 27, 31, 35, 39, §13365, 13366, 13368; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §745.15, 745.16, 745.18; C79, 81, §719.7]
83 Acts, ch 96, §120, 159; 99 Acts, ch 163, §1; 2007 Acts, ch 89, §1; 2018 Acts, ch 1020, §1 – 3

  
     
719.7A  Electronic contraband — criminal penalties.
  1.  As used in this section, unless the context otherwise requires:
  a.  “Electronic contraband” means a mobile telephone or other hand-held electronic communication device.
  b.  “Facility” means a county jail, municipal holding facility, or institution under the management of the department of corrections.
  2.  A person commits the offense of possessing electronic contraband under this section if the person, not authorized by law, does any of the following:
  a.  Knowingly supplies or attempts to supply electronic contraband to any person confined in a facility, or to any person confined in a facility while the person is being transported or moved incidental to the confinement.
  b.  Knowingly makes, obtains, or possesses electronic contraband while confined in a facility, or while being transported or moved incidental to confinement.
  3.  A person who possesses electronic contraband commits a class “D” felony. 
  4.  a.  A person commits the offense of failing to report electronic contraband when the person fails to report a known violation or attempted violation of this section to an official or officer at a facility.
  b.  A person who violates this subsection commits an aggravated misdemeanor.
  5.  The sheriff may x-ray a person committed to the jail, the supervising law enforcement agency may x-ray a person confined in the municipal holding facility, or the department of corrections may x-ray a person under the control of the department, if there is reason to believe that the person is in possession of electronic contraband. A licensed physician or x-ray technician under the supervision of a licensed physician must x-ray the person.
  6.  Nothing in this section is intended to limit the authority of the administrator of any facility to prescribe or enforce rules concerning the definition of electronic contraband, and the supplying, making, obtaining, or possession of electronic contraband.
2011 Acts, ch 19, §1

     
719.8  Furnishing a controlled substance or intoxicating beverage to inmates at a detention facility.
  A person not authorized by law who furnishes or knowingly makes available a controlled substance or intoxicating beverage to an inmate at a detention facility, or who introduces a controlled substance or intoxicating beverage into the premises of such a facility, commits a class “D” felony.
[C73, §1663; C97, §2712; S13, §4913-a; SS15, §2713-n16; C24, 27, 31, 35, 39, §13365, 13366, 13368; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §745.15, 745.16, 745.18; C79, 81, §719.8]
83 Acts, ch 96, §121, 159; 99 Acts, ch 163, §2

  
     
719.9  Use of unmanned aerial vehicle — prohibitions.
  1.  As used in this section:
  a.  “Facility” means a county jail, municipal holding facility, secure facility for the detention or custody of juveniles, community-based correctional facility, or institution under the management of the department of corrections. 
  b.  “Unmanned aerial vehicle” means a vehicle or device that uses aerodynamic forces to achieve flight and is piloted remotely.
  2.  A person shall not operate an unmanned aerial vehicle knowing that the unmanned aerial vehicle is operating in, on, or above a facility and any contiguous real property comprising the surrounding grounds of the facility, unless the unmanned aerial vehicle is operated by a law enforcement agency or the person has permission from the authority in charge of the facility to operate an unmanned aerial vehicle in, on, or above such facility.
  3.  This section does not apply to an unmanned aerial vehicle while operating for commercial use in compliance with federal aviation administration regulations, authorizations, or exemptions.
  4.  A person who violates this section commits a class “D” felony.
2018 Acts, ch 1168, §20
Admissibility of information, see §808.15