CHAPTER 720
INTERFERENCE WITH JUDICIAL PROCESS

Referred to in §331.307, 364.22, 701.1, 901C.3, 914.5

  
     
720.1  Compounding a felony.
  A person having knowledge of the commission by another of a felony indictable in this state who receives any consideration for a promise to conceal such crime, or not to prosecute or aid or give evidence to the prosecution of such crime, compounds that felony. Compounding any felony is an aggravated misdemeanor.
[C51, §2659, 2660; R60, §4286, 4287; C73, §3951, 3952; C97, §4889, 4890; C24, 27, 31, 35, 39, §13168, 13169; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §722.1, 722.2; C79, 81, §720.1]

     
720.2  Perjury, contradictory statements, and retraction.
  A person who, while under oath or affirmation in any proceeding or other matter in which statements under oath or affirmation are required or authorized by law, knowingly makes a false statement of material facts or who falsely denies knowledge of material facts, commits a class “D” felony. Where, while under oath or affirmation, in the same proceeding or different proceedings where oath or affirmation is required, a person has made contradictory statements, the indictment will be sufficient if it states that one or the other of the contradictory statements was false, to the knowledge of such person, and it shall be sufficient proof of perjury that one of the statements must be false, and that the person making the statements knew that one of them was false when the person made the statement, provided that both statements have been made within the period prescribed by the applicable statute of limitations. No person shall be guilty of perjury if the person retracts the false statement in the course of the proceedings where it was made before the false statement has substantially affected the proceeding.
[C51, §2644; R60, §4271; C73, §3936; C97, §4872; S13, §4919-c; C24, 27, 31, 35, 39, §13165, 13290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §721.1, 738.28; C79, 81, §720.2]
Referred to in §214A.11, 501.103, 610.5

     
720.3  Suborning perjury.
  A person who procures or offers any inducement to another to make a statement under oath or affirmation in any proceeding or other matter in which statements under oath or affirmation are required or authorized, with the intent that such person will make a false statement, or who procures or offers any inducement to one who the person reasonably believes will be called upon for a statement in any such proceeding or matter, to conceal material facts known to such person, commits a class “D” felony.
[C51, §2645, 2646; R60, §4272, 4273; C73, §3937, 3938; C97, §4873, 4874; C24, 27, 31, 35, 39, §13166, 13167; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §721.2, 721.3; C79, 81, §720.3]

  
     
720.4  Tampering with witnesses, jurors, or reporting parties.
  1.  As used in this section:
  a.  “Juror” means the same as defined in section 607A.3, subsection 5.
  b.  “Reporting party” means a person who does either of the following:
  (1)  Reports or attempts to report a public offense to any fire department, law enforcement agency, emergency communications center, or other public safety entity.
  (2)  Assists or attempts to assist a law enforcement agency or a prosecuting agency in any criminal investigation or judicial proceeding.
  c.  “Tampering” includes any of the following acts committed against a witness, juror, or reporting party:
  (1)  Bribery or an attempt to bribe.
  (2)  Threats.
  (3)  Forcible or fraudulent detaining or restraining.
  (4)  Harassment as described in section 708.7, subsection 1.
  (5)  Assault as described in section 708.1, subsection 2.
  (6)  Any other public offense.
  d.  “Witness” means a person who is summoned to testify in any judicial proceeding, arbitration, or legislative hearing, or who is listed in the minutes of evidence as provided in 
rule of criminal procedure 2.4
 or 
2.5
.
  2.  A person shall not do any of the following:
  a.  With the intent to improperly influence the testimony of an individual that the person believes is or may be a witness, to prevent such individual from testifying, to encourage such individual to disobey or avoid a subpoena or other legal process, or to encourage such individual to withhold evidence, information, or documents, or in retaliation for anything lawfully done by such an individual, tamper with a witness.
  b.  With the intent to improperly influence the decision of any individual that the person believes is or may be a juror, to prevent such individual from serving in a judicial proceeding, or in retaliation for anything lawfully done by such individual, tamper with a juror.
  c.  With the intent to improperly influence the statements of an individual that the person believes is or may be a reporting party, to prevent such individual from becoming a reporting party, to encourage such individual to disobey or avoid a subpoena or other legal process, or to encourage such individual to withhold evidence, information, or documents, or in retaliation for anything lawfully done by such an individual, tamper with a reporting party.
  3.  A person who tampers with a witness, juror, or reporting party, as described in subsection 2, commits a public offense that shall be classified and punished as an offense one degree higher than the underlying offense, not to exceed a class “C” felony, but in no case shall the public offense be classified and punished lower than an aggravated misdemeanor.
[C51, §2646, 2652, 2654; R60, §4273, 4279, 4281; C73, §3938, 3944, 3946; C97, §4874, 4880, 4882; C24, 27, 31, 35, 39, §13167, 13172, 13297; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §721.3, 723.1, 739.6; C79, 81, §720.4]
2024 Acts, ch 1133, §1
Referred to in §723A.1

     
720.5  False representation of records or process.
  Any person who represents any document or paper to be any public record or any civil or criminal process, when the person knows such representation to be false, commits a simple misdemeanor.
[C51, §2627; R60, §4254; C73, §3918; C97, §4854; C24, 27, 31, 35, 39, §13140; C46, 50, 54, 58, 62, §718.2; C66, 71, 73, 75, 77, §713.43, 718.2; C79, 81, §720.5]

     
720.6  Malicious prosecution.
  A person who causes or attempts to cause another to be indicted or prosecuted for any public offense, having no reasonable grounds for believing that the person committed the offense commits a serious misdemeanor.
[C51, §2757; R60, §4407; C73, §4086; C97, §5058; C24, 27, 31, 35, 39, §13163; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §719.2; C79, 81, §720.6]

     
720.7  Interference with judicial acts — penalty.
  1.  As used in this section:
  a.  “Court employee” means the same as defined in section 602.1101.
  b.  “Family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, grandfather, grandmother, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
  c.  “Judicial officer” means the same as defined in section 602.1101.
  2.  A person who harasses a judicial officer, court employee, or a family member of a judicial officer or a court employee in violation of section 708.7, with the intent to interfere with or improperly influence, or in retaliation for, the official acts of a judicial officer or court employee, commits an aggravated misdemeanor.
2009 Acts, ch 77, §1