CHAPTER 716
DAMAGE AND TRESPASS TO PROPERTY

Referred to in §331.307, 364.22, 562A.17, 622.51A, 701.1

  
     
716.1  Criminal mischief defined.
  Any damage, defacing, alteration, or destruction of property is criminal mischief when done intentionally by one who has no right to so act.
[C51, §2679, 2681 – 2683, 2686 – 2688, 2690, 2715, 2753; R60, §1766, 4319, 4321 – 4323, 4326 – 4328, 4330 – 4332, 4357, 4403; C73, §1564, 3897 – 3899, 3978, 3980 – 3982, 3985 – 3987, 3989 – 3992, 4021, 4082; C97, §588, 2466, 4800 – 4806, 4808, 4809, 4812, 4822 – 4828, 5054; S13, §1989-a15, 4808, 4822, 4823, 4830-a, -b, -c; SS15, §2900-e; C24, 27, 31, 35, 39, §13080, 13082, 13083, 13085, 13088 – 13091, 13093 – 13099, 13102, 13107, 13112 – 13117, 13122, 13124; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.1, 714.3 – 714.5, 714.8 – 714.11, 714.14 – 714.20, 714.23, 714.28, 716.1 – 716.6, 716.9, 716.12; C79, 81, §716.1]
2002 Acts, ch 1049, §1
Referred to in §717A.3

     
716.2  Multiple acts.
  Whenever criminal mischief is committed upon more than one item of property at approximately the same location or time period, so that all of these acts of mischief can be attributed to a single scheme, plan or conspiracy, such acts shall be considered as a single act of criminal mischief.
[C79, 81, §716.2]

     
716.3  Criminal mischief in the first degree.
  1.  Criminal mischief is criminal mischief in the first degree if either of the following apply:
  a.  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed is more than ten thousand dollars.
  b.  The acts are intended to or do in fact cause a substantial interruption or impairment of service rendered to the public by a gas, electric, steam or waterworks corporation, telephone or telegraph corporation, common carrier, or a public utility operated by a municipality.
  2.  Criminal mischief in the first degree is a class “C” felony.
[C51, §2680; R60, §4320; C73, §3979; C97, §4807; S13, §4807; C24, 27, 31, 35, 39, §13120; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §716.7; C79, 81, §716.3]
92 Acts, ch 1060, §8; 2013 Acts, ch 90, §193
Referred to in §717A.3, 911.5

  
     
716.4  Criminal mischief in the second degree.
  1.  Criminal mischief is criminal mischief in the second degree if any of the following apply:
  a.  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds one thousand five hundred dollars but does not exceed ten thousand dollars.
  b.  The acts damaged, defaced, altered, or destroyed any publicly owned property, including a monument or statue. In addition to any sentence imposed for a violation of this paragraph, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
  2.  Criminal mischief in the second degree is a class “D” felony.
[C79, 81, §716.4]
92 Acts, ch 1060, §9; 2013 Acts, ch 90, §194; 2019 Acts, ch 140, §19; 2021 Acts, ch 183, §42, 43
Referred to in §717A.3, 911.5

  
     
716.5  Criminal mischief in the third degree.
  1.  Criminal mischief is criminal mischief in the third degree if any of the following apply:
  a.  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds seven hundred fifty dollars, but does not exceed one thousand five hundred dollars.
  b.  The property is a deed, will, commercial paper or any civil or criminal process or other instrument having legal effect.
  c.  The act consists of rendering substantially less effective than before any light, signal, obstruction, barricade, or guard which has been placed or erected for the purpose of enclosing any unsafe or dangerous place or of alerting persons to an unsafe or dangerous condition.
  d.  The person intentionally disinters human remains from a burial site without lawful authority.
  e.  The person intentionally disinters human remains that have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the United States without the permission of the state archaeologist.
  f.  The act is committed upon property that consists of a device that has the ability to process a payment card as defined in section 715A.10.
  2.  Criminal mischief in the third degree is an aggravated misdemeanor.
[C51, §2638, 2714, 2746; R60, §4265, 4356, 4396; C73, §3929, 4017, 4075; C97, §4865, 4945, 5043; C24, 27, 31, 35, 39, §13050, 13100, 13148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §713.5, 714.21, 718.10; C79, 81, §716.5]
83 Acts, ch 99, §1; 92 Acts, ch 1060, §10; 2009 Acts, ch 41, §169; 2018 Acts, ch 1011, §2; 2019 Acts, ch 140, §20
Referred to in §523I.316, 716.6A, 717A.3, 911.5

  
     
716.6  Criminal mischief in the fourth and fifth degrees.
  1.  a.  Criminal mischief is criminal mischief in the fourth degree if any of the following apply:
  (1)  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds three hundred dollars, but does not exceed seven hundred fifty dollars.
  (2)  The person intentionally injures, destroys, disturbs, or removes any monument, as defined in section 355.1, placed on any tract of land, street, or highway, designating any point, course, or line on the boundary of the tract of land, street, or highway, if the monument was placed at such location by a land surveyor licensed under chapter 542B, or by any person directed by a licensed land surveyor. A governmental entity and employees of such an entity are exempt from prosecution under this subparagraph for projects performed pursuant to section 314.8. A licensed land surveyor and persons under the direction of a licensed land surveyor are also exempt from prosecution under this subparagraph for removing an existing monument in order to place an upgraded or more suitable monument in the same location.
  (3)  The person intentionally injures, destroys, disturbs, or removes any monument that has been established by the national geodetic survey, Iowa geodetic survey, or any county geographic information system for use in the determination of spatial location relative to the specified Iowa state plane coordinate system or precise elevation datum. A governmental entity and employees of such an entity are exempt from prosecution under this subparagraph for projects performed pursuant to section 314.8.
  b.  Criminal mischief in the fourth degree is a serious misdemeanor.
  2.  All criminal mischief which is not criminal mischief in the first degree, second degree, third degree, or fourth degree is criminal mischief in the fifth degree. Criminal mischief in the fifth degree is a simple misdemeanor.
[C79, 81, §716.6]
83 Acts, ch 99, §2; 92 Acts, ch 1060, §11; 99 Acts, ch 153, §14; 2009 Acts, ch 41, §260; 2010 Acts, ch 1130, §1; 2013 Acts, ch 90, §195; 2019 Acts, ch 140, §21
Referred to in §123.138, 716.6A, 717A.3

     
716.6A  Criminal mischief in violation of individual rights.
  A violation of sections 716.5 and 716.6, which is also a hate crime as defined in section 729A.2, shall be classified and punished as an offense one degree higher than the underlying offense.
92 Acts, ch 1157, §5
Referred to in §729A.2

     
716.6B  Unauthorized computer access — penalties — civil cause of action.
  1.  A person who knowingly and without authorization accesses a computer, computer system, or computer network commits the following:
  a.  An aggravated misdemeanor if computer data is accessed that contains a confidential record, as defined in section 22.7, operational or support data of a public utility, as defined in section 476.1, operational or support data of a rural water district incorporated pursuant to chapter 357A or 504, operational or support data of a municipal utility organized pursuant to chapter 388 or 389, operational or support data of a public airport, or a trade secret, as defined in section 550.2.
  b.  A serious misdemeanor if computer data is copied, altered, or deleted.
  c.  A simple misdemeanor for any access which is not an aggravated or serious misdemeanor.
  2.  The prosecuting attorney or an aggrieved person may institute civil proceedings against any person in district court seeking relief from conduct constituting a violation of this section or to prevent, restrain, or remedy such a violation.
2000 Acts, ch 1201, §11; 2002 Acts, ch 1049, §2; 2003 Acts, ch 75, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394
Referred to in §638.15, 702.1A
Computer terminology, see §702.1A 

  
     
716.7  Trespass defined.
  1.  For purposes of this section:
  a.  “Property” shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.
  b.  “Public utility” is a public utility as defined in section 476.1 or an electric transmission line as provided in chapter 478.
  c.  “Public utility property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure owned, leased, or operated by a public utility and that is completely enclosed by a physical barrier of any kind. 
  d.  “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state.
  e.  “Railway property” means all tangible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation.
  f.  “Reasonable expectation of privacy” means circumstances in which a reasonable person would believe that the person could disrobe or partially disrobe in privacy, without being concerned that the person disrobing or partially disrobing was being viewed, photographed, or filmed when doing so.
  2.  a.   “Trespass” shall mean one or more of the following acts:
  (1)  Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This subparagraph does not prohibit the unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the game or fur-bearing animal which comes to rest on or escapes to the property of another.
  (2)  Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. A person has been notified or requested to abstain from entering or remaining upon or in property within the meaning of this subparagraph (2) if any of the following is applicable:
  (a)  The person has been notified to abstain from entering or remaining upon or in property personally, either orally or in writing, including by a valid court order under chapter 236.
  (b)  A printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part of the property.
  (3)  Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
  (4)  Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
  (5)  Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This subparagraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering onto the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.
  (6)  Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This subparagraph does not apply to passage over public utility right-of-way by a person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.
  (7)  Intentionally viewing, photographing, or filming another person through the window or any other aperture of a dwelling, without legitimate purpose, while present on the real property upon which the dwelling is located, or while placing on or retrieving from such property equipment to view, photograph, or film another person, if the person being viewed, photographed, or filmed has a reasonable expectation of privacy, and if the person being viewed, photographed, or filmed does not consent or cannot consent to being viewed, photographed, or filmed.
  b.  “Trespass” shall not mean either of the following:
  (1)  Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This subparagraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering.
  (2)  Entering upon the right-of-way of a public road or highway.
  3.  This section shall not apply to the following persons:
  a.  Representatives of the state department of transportation, the federal railroad administration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties.
  b.  Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.
  c.  Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot.
  d.  Representatives of the Iowa utilities commission, the federal energy regulatory commission, or the federal communications commission who enter or remain upon or in public utility property while engaged in the performance of official duties.
  e.  Employees of a public utility who enter or remain upon or in public utility property while acting in the course of employment.
[C51, §2684; R60, §4324; C73, §3983; C97, §4793, 4829; C24, 27, 31, 35, 39, §13086, 13374; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.6, 729.1; C79, 81, §716.7; 81 Acts, ch 205, §1]
88 Acts, ch 1212, §1; 98 Acts, ch 1067, §1, 2; 2007 Acts, ch 28, §20; 2011 Acts, ch 51, §2 – 5; 2013 Acts, ch 90, §234; 2013 Acts, ch 140, §77; 2016 Acts, ch 1082, §3, 4; 2017 Acts, ch 140, §1; 2018 Acts, ch 1026, §174; 2019 Acts, ch 59, §228; 2024 Acts, ch 1170, §369
Referred to in §232.2, 309.57, 481A.134, 481A.135, 716.8, 727.8A

  
     
716.7A  Food operation trespass.
  1.  As used in this section, unless the context otherwise requires:
  a.  “Apiary” and “bee” mean the same as defined in section 160.1A.
  b.  “Food animal” means an animal belonging to the bovine, caprine, ovine, or porcine species; farm deer as defined in section 170.1; turkeys, chickens, or other poultry; fish or other aquatic organisms confined in private waters for human consumption; or bees.
  c.  “Food establishment”, “food processing plant”, and “farmers market” mean the same as defined in section 137F.1.
  d.  (1)  “Food operation” means any of the following:
  (a)  A location where a food animal is produced, maintained, or otherwise housed or kept, or processed in any manner.
  (b)  A location other than as described in subparagraph division (a) where a food animal is kept, including an apiary, livestock market, vehicle or trailer attached to a vehicle, fair, exhibition, or a business operated by a person licensed to practice veterinary medicine pursuant to chapter 169.
  (c)  A location where a meat food product, poultry product, milk or milk product, eggs or an egg product, aquatic product, or honey is prepared for human consumption, including a food processing plant, a slaughtering establishment operating under the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 et seq.; or a slaughtering establishment subject to state inspection as provided in chapter 189A.
  (2)  “Food operation” does not include a food establishment or farmers market.
  e.  “Meat food product”, “poultry product”, and “prepared” mean the same as defined in section 189A.2.
  2.  A person commits food operation trespass by entering or remaining on the property of a food operation without the consent of a person who has real or apparent authority to allow the person to enter or remain on the property.
  3.  Subsection 2 does not apply to any of the following:
  a.  A person entering a right-of-way, if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.
  b.  A person having lawful authority to enter onto the property of the food operation, including but not limited to a federal, state, or local government official.
  c.  A person who is given express permission by the owner of the food operation to enter onto or remain on the property of the food operation.
  d.  A person employed by a food operation while acting in the course of employment.
2020 Acts, ch 1036, §17, 19; 2020 Acts, ch 1118, §144 – 146
Referred to in §716.8

  
     
716.8  Penalties.
  1.  Any person who knowingly trespasses upon the property of another commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 12. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.
  2.  Any person committing a trespass as defined in section 716.7, other than a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), which results in injury to any person or damage in an amount more than three hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
  3.  A person who knowingly trespasses on the property of another with the intent to commit a hate crime, as defined in section 729A.2, commits a serious misdemeanor.
  4.  A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than three hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.
  5.  A person who commits a trespass while hunting, other than hunting a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 12. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law. The person shall also be subject to civil penalties as provided in sections 481A.130 and 481A.131. Any wildlife taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12.
  6.  Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), commits a class “D” felony.
  7.  Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor.
  8.  a.  For a first offense, a person who commits food operation trespass as provided in section 716.7A is guilty of an aggravated misdemeanor.
  b.  For a second or subsequent offense, a person who commits food operation trespass as provided in section 716.7A is guilty of a class “D” felony.
[C73, 75, 77, §729.2, 729.3; C79, 81, §716.8]
92 Acts, ch 1157, §6; 99 Acts, ch 153, §15, 16; 2007 Acts, ch 28, §21; 2008 Acts, ch 1161, §21; 2011 Acts, ch 51, §6, 7; 2013 Acts, ch 90, §253; 2016 Acts, ch 1082, §5; 2017 Acts, ch 140, §2, 3; 2018 Acts, ch 1026, §175; 2019 Acts, ch 140, §22; 2020 Acts, ch 1036, §18, 19; 2024 Acts, ch 1070, §1
Referred to in §29A.42, 232.2, 648.1A, 729A.2, 805.8C(12), 901C.3

     
716.9  Stowing away.
  A person commits the simple misdemeanor offense of stowing away when, without lawful authority or the consent of a railway corporation, the person does either of the following:
  1.  Rides on the outside of a train or train component.
  2.  Rides on the inside of a train or train component which is not a passenger car.
98 Acts, ch 1067, §3

  
     
716.10  Railroad vandalism.
  1.  A person commits railroad vandalism when the person does any of the following:
  a.  Shoots, fires, or otherwise discharges a firearm or other device at a train or train component.
  b.  Launches, releases, propels, casts, or directs a projectile, missile, or other device at a train or train component.
  c.  Intentionally throws or drops an object on or onto a train or train component.
  d.  Intentionally places or drops an object on or onto a railroad track.
  e.  Without the consent of the railway corporation, takes, removes, defaces, alters, or obscures any of the following:
  (1)  A railroad signal.
  (2)  A train control system.
  (3)  A train dispatching system.
  (4)  A warning signal.
  (5)  A highway-railroad grade crossing signal or gate.
  (6)  A railroad sign, placard, or marker.
  f.  Without the consent of the railway corporation, removes parts or appurtenances from, damages, impairs, disables, interferes with the operation of, or renders inoperable any of the following:
  (1)  A railroad signal.
  (2)  A train control system.
  (3)  A train dispatching system.
  (4)  A warning signal.
  (5)  A highway-railroad grade crossing signal or gate.
  (6)  A railroad sign, placard, or marker.
  g.  Without the consent of the railway corporation, taking, removing, disabling, tampering, changing, or altering a part or component of any operating mechanism or safety device of any train or train component.
  h.  Without the consent of the railway corporation, takes, removes, tampers, changes, alters, or interferes with any of the following:
  (1)  A railroad roadbed.
  (2)  A railroad rail.
  (3)  A railroad tie.
  (4)  A railroad frog.
  (5)  A railroad sleeper.
  (6)  A railroad switch.
  (7)  A railroad viaduct.
  (8)  A railroad bridge.
  (9)  A railroad trestle.
  (10)  A railroad culvert.
  (11)  A railroad embankment.
  (12)  Any other structure or appliance which pertains or is appurtenant to a railroad.
  2.  a.  A person commits railroad vandalism in the first degree if the person intentionally commits railroad vandalism which results in the death of any person. Railroad vandalism in the first degree is a class “B” felony. However, notwithstanding section 902.9, subsection 1, paragraph “b”, the maximum sentence for a person convicted under this section shall be a period of confinement of not more than fifty years.
  b.  A person commits railroad vandalism in the second degree if the person intentionally commits railroad vandalism which results in serious injury to any person. Railroad vandalism in the second degree is a class “B” felony.
  c.  A person commits railroad vandalism in the third degree if the person intentionally commits railroad vandalism which results in bodily injury to any person or results in property damage which costs more than ten thousand dollars to replace, repair, or restore. Railroad vandalism in the third degree is a class “C” felony.
  d.  A person commits railroad vandalism in the fourth degree if the person intentionally commits railroad vandalism which results in property damage which costs ten thousand dollars or less but more than one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in the fourth degree is a class “D” felony.
  e.  A person commits railroad vandalism in the fifth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than seven hundred fifty dollars but does not exceed one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in the fifth degree is an aggravated misdemeanor.
  f.  A person commits railroad vandalism in the sixth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than three hundred dollars but does not exceed seven hundred fifty dollars to replace, repair, or restore. Railroad vandalism in the sixth degree is a serious misdemeanor.
  g.  A person commits railroad vandalism in the seventh degree if the person intentionally commits railroad vandalism which results in property damage which costs three hundred dollars or less to replace, repair, or restore. Railroad vandalism in the seventh degree is a simple misdemeanor.
  3.  For purposes of this section:
  a.  “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within the state.
  b.  “Train” means a series of two or more train components which are coupled together in a line.
  c.   “Train component” means any locomotive, engine, tender, railroad car, passenger car, freight car, box car, tank car, hopper car, flatbed, container, work equipment, rail-mounted equipment, or any other railroad rolling stock.
98 Acts, ch 1067, §4; 2013 Acts, ch 30, §251; 2013 Acts, ch 90, §196; 2019 Acts, ch 140, §23

  
     
716.11  Critical infrastructure sabotage — definitions.
  Solely for purposes of this section and section 716.12, unless the context otherwise requires:
  1.  “Critical infrastructure” means any of the following:
  a.  An electrical power generating, transmission, or delivery system.
  b.  A gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical critical generation, storage, transportation, or delivery system.
  c.  A telecommunications service, information service, or cable service as defined in 47 U.S.C. §153, a wireless service as defined in section 8C.2, or a broadband generation, transmission, or delivery system.
  d.  A wastewater treatment, collection, or delivery system.
  e.  A water supply treatment, collection, storage, or delivery system.
  f.  Any land, building, conveyance, or other temporary or permanent structure whether publicly or privately owned, that contains, houses, supports, or is appurtenant to any critical infrastructure as described in paragraphs “a” through “e” of this subsection.
  2.  a.  “Critical infrastructure sabotage” means an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure. 
  b.  “Critical infrastructure sabotage” does not include an accidental interruption or impairment of service to the critical infrastructure caused by a person in the performance of the person’s work duties or caused by a person’s lawful activity. In addition, “critical infrastructure sabotage” does not include any condition or activity related to the production of farm products as defined in section 554.9102, including but not limited to the discharge of agricultural stormwater; the construction or use of soil or water quality conservation practices or structures; the preparation of agricultural land and the raising, harvesting, drying, or storage of agricultural crops; the application of a fertilizer or beneficial substance as defined in section 200.3, a pesticide as defined in section 206.2, or manure as defined in section 459.102; the installation and use of agricultural drainage tile and systems; the construction, operation, or management of an animal feeding operation as defined in section 459.102; and the care, feeding, or watering of livestock.
  3.  “System” means a set of connected or interdependent real, physical, personal, or electronic or computer-based property that operates as a whole to provide a service. “System” also includes any real, physical, electronic, or computer implement that may control or monitor any component of the system.
2018 Acts, ch 1120, §1; 2018 Acts, ch 1172, §36; 2025 Acts, ch 42, §1; 2025 Acts, ch 134, §27
Referred to in §716.12
Subsection 1, paragraph c amended
Subsection 2 amended

  
     
716.12  Critical infrastructure sabotage — penalties.
  A person who commits critical infrastructure sabotage as defined in section 716.11 is guilty of a class “B” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “b”, shall be punished by a fine of not less than eighty-five thousand dollars nor more than one hundred thousand dollars.
2018 Acts, ch 1120, §2; 2019 Acts, ch 24, §91
Referred to in §716.11

     
716.13  Interference with transportation of agricultural animals.
  1.  As used in this section, unless the context otherwise requires:
  a.  “Agricultural animal” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; farm deer as defined in section 170.1; ostriches, rheas, and emus; turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private waters for human consumption; or honey bees.
  b.  (1)  “Convicted” means the entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232.
  (2)  “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
  c.  “Motor vehicle” means any self-propelled vehicle subject to registration under chapter 321, and includes an item attached to the vehicle.
  2.  A person commits interference with the transportation of an agricultural animal if the person knowingly does any of the following:
  a.  Stops, hinders, impedes, boards, obstructs, or otherwise interferes with a motor vehicle transporting an agricultural animal, regardless of whether the motor vehicle is moving.
  b.  Provokes, disturbs, or otherwise interacts with an agricultural animal when the agricultural animal is confined in a motor vehicle, regardless of whether the motor vehicle is moving.
  3.  In a prosecution alleging that a defendant committed interference with the transportation of an agricultural animal under subsection 2, the defendant may assert an affirmative defense of consent. The defendant must prove by a preponderance of the evidence that the defendant was acting with the consent of any of the following:
  a.  A person having real or apparent authority to transport the agricultural animal. This requirement is met if the person is a shipper or transporter acting in compliance with chapter 172B.
  b.  The owner of the agricultural animal or any other person having real or apparent authority to possess or control the agricultural animal.
  4.  a.  A person who commits interference with the transportation of an agricultural animal, as provided in subsection 2, paragraph “a”, is guilty of an aggravated misdemeanor.
  b.  A person who commits interference with the transportation of an agricultural animal, as provided in subsection 2, paragraph “b”, is guilty of an aggravated misdemeanor.
  5.  Notwithstanding subsection 4, a person who commits interference with the transportation of an agricultural animal under subsection 2, paragraph “a” or “b”, is guilty of a class “D” felony if the person has previously been convicted of committing interference with the transportation of an agricultural animal under either of those paragraphs.
2021 Acts, ch 46, §1

  
     
716.14  Unauthorized sampling.
  1.  As used in this section, unless the context otherwise requires:
  a.  “Agricultural animal” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; farm deer as defined in section 170.1; ostriches, rheas, and emus; turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private waters for human consumption; or honey bees.
  b.  “Agricultural crop” means a plant produced for food, animal feed, fiber, oil, or fuel if the plant is classified as a forage or cereal plant, including but not limited to alfalfa, barley, buckwheat, corn, flax, forage, hemp as defined in section 204A.2, millet, oats, popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses used for forage or silage. A plant which is a noxious weed pursuant to section 317.1A shall not be considered an agricultural crop unless the plant is produced as a research crop.
  c.  (1)  “Convicted” means the entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232.
  (2)  “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
  2.  A person commits unauthorized sampling if the person knowingly enters private property, without consent of the owner or any other person having real or apparent authority to grant consent, and obtains samples of any of the following:
  a.  Bodily fluids or substances from an agricultural animal.
  b.  Any product from an agricultural animal.
  c.  Soil, air, surface water, or ground water from land or structures used for the production of an agricultural animal or the production of an agricultural crop.
  3.  A person who commits unauthorized sampling as provided in subsection 2 is guilty of an aggravated misdemeanor.
  4.  Notwithstanding subsection 3, a person who commits unauthorized sampling as provided in subsection 2 is guilty of a class “D” felony if the person has previously been convicted of committing unauthorized sampling under subsection 2.
2021 Acts, ch 83, §1; 2022 Acts, ch 1032, §103; 2024 Acts, ch 1177, §54, 55