State v. Klawonn, 609 N.W.2d 515 (Iowa 2000). · Go Syfert
State v. Klawonn, 609 N.W.2d 515 (Iowa 2000). Cases Citing This Book View Copy Cite
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119 citation events (107 in the last 25 years) across 5 distinct courts.
Strongest positive: In the Interest of J.B., Minor Child (iowactapp, 2022-03-30)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In the Interest of J.B., Minor Child
Iowa Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
e have interpreted the term 'shall' in a statute to create a mandatory duty, not discretion.
discussed Cited as authority (verbatim quote) State of Iowa v. Jane Doe
Iowa · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
additionally, we have interpreted the term 'shall' in a statute to create a mandatory duty, not discretion.
discussed Cited as authority (verbatim quote) State of Iowa v. Jane Doe
Iowa · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
additionally, we have interpreted the term 'shall' in a statute to create a mandatory duty, not discretion.
discussed Cited as authority (verbatim quote) In re Estate of Wilson
Iowa Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e have interpreted the term 'shall' in a statute to create a mandatory duty, not discretion.
discussed Cited as authority (verbatim quote) In the Matter of Property Seized From Jean Carlos Herrera and Fernando Rodriguez, Jean Carlos Herrera and Fernando Rodriguez, Claimants-Appellants.
Iowa Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
additionally, we have interpreted the term "shall" in a statute to create a mandatory duty, not discretion.
discussed Cited as authority (verbatim quote) Berent v. City of Iowa City
Iowa · 2007 · quote attribution · 1 verbatim quote · confidence high
the word 'shall' does not mean 'may
discussed Cited as authority (quoted) Bridgette Ferguson and Robert Rutledge v. David Jones and Veritiv Operating Company
Iowa Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
the word 'may' can mean 'shall,' but the word 'shall' does not mean 'may.
discussed Cited as authority (quoted) Andrew Gerth v. Iowa Business Growth, Inc. and Dan Robeson
Iowa Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
the word 'may' can mean 'shall,' but the word 'shall' does not mean 'may.
discussed Cited as authority (quoted) State of Iowa v. Timothy Lee Conway
Iowa Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
here is no material difference between a plea which includes an express admission of guilt and an alford plea.
discussed Cited as authority (quoted) Clifford S. Allen v. Tyson Fresh Meats, Inc.
Iowa Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
the word 'may' can mean 'shall,' but the word 'shall' does not mean 'may.
discussed Cited as authority (rule) In the Interest of J.B. and R.R., Minor Children
Iowa · 2026 · confidence medium
This is especially so because the term is “used in a statute directing that a public body do certain acts.” State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000) (en banc) (quoting Hansen v. Henderson, 56 N.W.2d 59, 67 (Iowa 1952)).
discussed Cited as authority (rule) In the Interest of T.T., Minor Child
Iowa Ct. App. · 2025 · confidence medium
Although “[s]ometimes courts are justified in interpreting the word ‘shall’ as ‘may,’” this is not the case where a statute “direct[s] that a public body do certain acts.” State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000) (citation omitted).
cited Cited as authority (rule) Helmrich v. Paul
Bankr. D. Iowa · 2024 · confidence medium
State v. Klawonn, 609 N.W.2d 515, 521 (Iowa 2000) (citations omitted).
discussed Cited as authority (rule) Staesha Oui Marie Felton v. Iowa District Court for Polk County
Iowa Ct. App. · 2023 · signal: cf. · confidence medium
Cf. State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000) (en banc) (“[W]e have interpreted the term ‘shall’ in a statute to create a mandatory duty, not discretion.”). 14 affection and respect between” the girls and Ray, (2) support disciplinary decisions and not discuss parental disagreements with the children, (3) not engage in acts that may estrange the children from Ray, and (4) not engage in acts that may impair their high regard for Ray.
discussed Cited as authority (rule) State of Iowa v. Cameron James Hess
Iowa · 2022 · confidence medium
See Iowa Code § 4.1 (30)(a) (defining “shall”); State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000) (en banc) (“[W]e have interpreted the term ‘shall’ in a statute to create a mandatory duty, not discretion.”).
discussed Cited as authority (rule) State of Iowa v. Caesar Charles Davison (2×)
Iowa · 2022 · confidence medium
In each of the previous cases where we were asked to review an award of section 910.3B restitution following a jury trial, the defendant had been convicted of a homicide felony—that is, a felony where the jury had to find the defendant caused the death of another person.5 We believe cases where the 5SeeState v. Kolbet, 638 N.W.2d 653, 655 (Iowa 2001) (homicide by vehicle); Corwin, 616 N.W.2d at 601 (homicide by vehicle); Izzolena, 609 N.W.2d at 544 (involuntary manslaughter); Rohm, 609 N.W.2d at 507 (involuntary manslaughter); Artzer, 609 N.W.2d at 528–29 (second- degree murder); Klawonn, …
discussed Cited as authority (rule) Robert M. Hogg and Kathryn A. Hogg
Iowa Ct. App. · 2021 · confidence medium
And we have considered a sentencing court to be in the category of a public official when applying “the uniform rule . . . that the word ‘shall,’ when addressed to public officials, is mandatory and excludes the idea of discretion.” State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000) (citation omitted) (finding the word “shall” in Iowa Code section 910.3B created a duty on the sentencing court to impose restitution).
discussed Cited as authority (rule) Ronald McKinnon v. State of Iowa
Iowa Ct. App. · 2021 · confidence medium
The State filed a motion for summary disposition arguing McKinnon’s 1 An Alford plea “was designed to permit a defendant to make a voluntary and intelligent decision to plead guilty to a crime without admitting participation in the underlying facts which constitute the crime.” State v. Klawonn, 609 N.W.2d 515, 520 (Iowa 2000) (citing North Carolina v. Alford, 400 U.S. 25 , 37–38 (1970)).
cited Cited as authority (rule) State of Iowa v. Monica Frances Fagan
Iowa Ct. App. · 2021 · confidence medium
“We review constitutional issues de novo.” State v. Klawonn, 609 N.W.2d 515, 517 (Iowa 2000).
discussed Cited as authority (rule) In the Interest of O.G., Minor Child
Iowa Ct. App. · 2020 · confidence medium
Id. at 316 (referring to article I, sections 1 and 9 of the Iowa Constitution). “[T]o withstand challenge under our state constitution, the infringement on parental liberty interests implicated by the statute must be ‘narrowly tailored to serve a compelling state interest.’” Id. at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)); see also In re N.N.E., 752 N.W.2d 1 , 8–9 (Iowa 2008).
discussed Cited as authority (rule) State of Iowa v. Nicole Elizabeth Zimmerman
Iowa Ct. App. · 2020 · confidence medium
However, the court’s 1See North Carolina v. Alford, 400 U.S. 25 , 37–38 (1970); State v. Klawonn, 609 N.W.2d 515, 520 (Iowa 2000) (describing Alford pleas as “designed to permit a defendant to make a voluntary and intelligent decision to plead guilty to a crime without admitting participation in the underlying facts which constitute the crime”). 3 October 12, 2018, written sentencing order conflicted with the oral pronouncement, as the written sentencing order did not waive the defendant’s obligation to make restitution for court-appointed attorney fees.
cited Cited as authority (rule) Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.
Iowa · 2019 · confidence medium
Like its cousin equal protection, substantive due process is most robust when fundamental interests are involved. 4 State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000).
discussed Cited as authority (rule) Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.
Iowa · 2018 · confidence medium
Pearson v. City of Grand Blanc, 961 F.2d 1211, 1216 (6th Cir. 1992). 35 Like its cousin equal protection, substantive due process is most robust when fundamental interests are involved. 5 State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000).
discussed Cited as authority (rule) Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.
Iowa · 2018 · confidence medium
Pearson v. City of Grand Blanc, 961 F.2d 1211, 1216 (6th Cir. 1992). 35 Like its cousin equal protection, substantive due process is most robust when fundamental interests are involved. 5 State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000).
discussed Cited as authority (rule) Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds ex rel. State of Iowa and Iowa Board of Medicine
Iowa · 2018 · confidence medium
Applying strict scrutiny, we consider whether the statute is “narrowly tailored to serve a compelling state interest.” Santi, 633 N.W.2d at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)).
discussed Cited as authority (rule) Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds ex rel. State of Iowa and Iowa Board of Medicine
Iowa · 2018 · confidence medium
Applying strict scrutiny, we consider whether the statute is “narrowly tailored to serve a compelling state interest.” Santi, 633 N.W.2d at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)).
discussed Cited as authority (rule) Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds ex rel. State of Iowa and Iowa Board of Medicine
Iowa · 2018 · confidence medium
Applying strict scrutiny, we consider whether the statute is “narrowly tailored to serve a compelling state interest.” Santi, 633 N.W.2d at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)).
discussed Cited as authority (rule) Jacob Lee Schmidt v. State of Iowa
Iowa · 2018 · confidence medium
An Alford plea “was designed to permit a defendant to make a voluntary and intelligent decision to plead guilty to a crime without admitting participation in the underlying facts which constitute the crime.” State v. Klawonn, 609 N.W.2d 515, 520 (Iowa 2000) (citing North Carolina v. Alford, 400 U.S. 25 , 37–38, 91 S. Ct. 160 , 167–68 (1970)).
discussed Cited as authority (rule) State of Iowa v. Desmon Raheen Siner
Iowa Ct. App. · 2018 · confidence medium
“The Alford plea, as it has become known, was designed to permit a defendant to make a voluntary and intelligent decision to plead guilty to a crime without admitting participation in the underlying facts which constitute the crime.” State v. Klawonn, 609 N.W.2d 515, 520 (Iowa 2000).
discussed Cited as authority (rule) Victor Rivera, Applicant-Appellant v. State of Iowa (2×) also: Cited "see"
Iowa Ct. App. · 2017 · confidence medium
In State v. Klawonn, the defendant’s excessive speed caused an accident killing another motorist. 609 N.W.2d 515, 517 (Iowa 2000).
examined Cited as authority (rule) Amended May 5, 2017 State of Iowa v. Daimonay Darice Richardson (3×) also: Cited "see"
Iowa · 2017 · confidence medium
The use of the word “shall” in section 910.3B(1) was intended to create not merely the power to impose, but rather the duty upon the sentencing court to impose a restitution award payable to the estate of at least $150,000. 609 N.W.2d 515, 522 (Iowa 2000).5 Prior to 2013, there was no question that juveniles whose cases were transferred into district court and who were convicted of crimes as adults were subject to the same restitution obligations as adults.
examined Cited as authority (rule) State of Iowa v. Daimonay Darice Richardson (6×) also: Cited "see"
Iowa · 2017 · confidence medium
The use of the word “shall” in section 910.3B(1) was intended to create not merely the power to impose, but rather the duty upon the sentencing court to impose a restitution award payable to the estate of at least $150,000. 609 N.W.2d 515, 522 (Iowa 2000).5 Prior to 2013, there was no question that juveniles whose cases were transferred into district court and who were convicted of crimes as adults were subject to the same restitution obligations as adults.
discussed Cited as authority (rule) IOWA SUPREME COURT DISCIPLINARY BOARD, Appellee, v. ATTORNEY DOE NO. 819, Appellant
Iowa · 2016 · confidence medium
We have noted the ambiguity inherent in the word “shall.” See State v. Klawonn, 609 N.W.2d 515, 521-22 (Iowa 2000) (discussing the ambiguity, but finding that “shall” imposes a duty by reference to the context and Iowa Code section 4.1(30)(a)).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Attorney Doe No. 819
Iowa · 2016 · confidence medium
We have noted the ambiguity inherent in the word “shall.” See State v. Klawonn, 609 N.W.2d 515, 521-22 (Iowa 2000) (discussing the ambiguity, but finding that “shall” imposes a duty by reference to the context and Iowa Code section 4.1(30)(a)).
discussed Cited as authority (rule) State of Iowa v. Lucy Ann Schnieders
Iowa Ct. App. · 2015 · confidence medium
The court has discretion to accept an Alford plea where “‘the record before the judge contains strong evidence of actual guilt.’” State v. Klawonn, 609 N.W.2d 515, 521 (Iowa 2000) (quoting Alford, 400 U.S. at 37 ). 3 The two amended charges stemmed from Schnieders’s permitting the physical abuse of the infants; each child’s x-rays indicated multiple fractures to both legs, which were in different stages of healing; one child also had fractured ribs.
discussed Cited as authority (rule) State of Iowa v. Jason Michael Zeal
Iowa Ct. App. · 2015 · confidence medium
See State v. Bearse, 748 N.W.2d 211, 218 (Iowa 2008) (citing Iowa Code section [4.1(30)(a)] for its requirement that unless otherwise specifically provided by the legislature, “shall” imposes a duty); State v. Klawonn, 609 N.W.2d 515, 521-22 (Iowa 2000) (noting that while “may” can mean “shall” where the context indicates such intent, “shall” does not mean “may,” as made clear by the legislature in section 4.1(30)(a)); State v. Luckett, 387 N.W.2d 298, 301 (Iowa 1986) (citing, with approval, 1A Sutherland, Statutes and Statutory Construction § 25.04, at 445 (Sands 4th ed. …
discussed Cited as authority (rule) Travis Leftwich, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2015 · confidence medium
The district court could only accept Leftwich’s Alford pleas because “the record before the judge contain[ed] strong evidence of actual guilt.” State v. Klawonn, 609 N.W.2d 515, 521 (Iowa 2000) (quoting North Carolina v. Alford, 400 U.S. 25, 37 (1970)).
discussed Cited as authority (rule) State of Iowa v. John T. Galbreath III
Iowa Ct. App. · 2014 · confidence medium
The court has discretion to accept an Alford plea where “‘the record before the judge contains strong evidence of actual guilt.’” State v. Klawonn, 609 N.W.2d 515, 521 (Iowa 2000) (quoting Alford, 400 U.S. at 37 ).
discussed Cited as authority (rule) In Re The Detention Of Alan C. Fowler, Alan C. Fowler
Iowa · 2010 · confidence medium
In past criminal cases, “we have [also] interpreted the term ‘shall’ in a statute to create a mandatory duty, not discretion.” State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000); see also State v. Luckett, 387 N.W.2d 298, 301 (Iowa 1986) (stating use of the word “shall” creates mandatory action unless the context clearly indicates otherwise); State v. Moyer, 382 N.W.2d 133 , 134–35 (Iowa 1986).
discussed Cited as authority (rule) In Re the Detention of Fowler
Iowa · 2010 · confidence medium
In past criminal cases, “we have [also] interpreted the term ‘shall’ in a statute to create a mandatory duty, not discretion.” State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000); see also State v. Duckett, 387 N.W.2d 298, 301 (Iowa 1986) (stating use of the word “shall” creates mandatory action unless the context clearly indicates otherwise); State v. Moyer, 382 N.W.2d 133, 134-35 (Iowa 1986).
discussed Cited as authority (rule) In The Interest Of N.n.e., Minor Child, Tyme Madiu Tribe Of The Berry Creek Racheria
Iowa · 2008 · confidence medium
Id. at 316 (referring to article I, sections 1 and 9 of the Iowa Constitution). “[T]o withstand challenge under our state constitution, the infringement on parental liberty interests implicated by the statute must be ‘narrowly tailored to serve a compelling state interest.’ ” Id. at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)).
discussed Cited as authority (rule) Com. v. REAL PROPERTY AND IMPROVEMENTS (2×)
Pa. Commw. Ct. · 2006 · confidence medium
Utah Air Quality Bd. v. Truman Mortensen Family Trust, 8 P.3d 266, 274 (Utah 2000) (fine of $23,000 not grossly disproportionate to violations of air quality regulations regarding asbestos removal); State v. Klawonn, 609 N.W.2d 515, 518 (Iowa 2000) ($150,000 fine for victim restitution was not excessive in an involuntary manslaughter case); United States v. Wyly, 193 F.3d 289, 303 (5th Cir.1999) (forfeiting $4 million in assets of a company which bribed the highest ranking law enforcement officer in the parish, manipulated financial accounts, and laundered money was not grossly disproportionat…
discussed Cited as authority (rule) J.E.B. v. K.C.
Iowa · 2004 · confidence medium
Because the challenged statutory scheme involves a fundamental right, “to withstand challenge under our state constitution, the infringement on parental liberty interests implicated by the statute must be ‘narrowly tailored to serve a compelling state interest.’” Santi, 633 N.W.2d at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)); see also In re A.C., 415 N.W.2d 609, 615-16 (Iowa 1987).
discussed Cited as authority (rule) In Re SAJB
Iowa · 2004 · confidence medium
Because the challenged statutory scheme involves a fundamental right, "to withstand challenge under our state constitution, the infringement on parental liberty interests implicated by the statute must be `narrowly tailored to serve a compelling state interest.'" Santi, 633 N.W.2d at 318 (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)); see also In re A.C., 415 N.W.2d 609, 615-16 (Iowa 1987).
discussed Cited as authority (rule) Commonwealth v. Real Property & Improvements Commonly Known as 5444 Spruce Street
Pa. · 2003 · confidence medium
Utah Air Quality Bd. v. Truman Mortensen Family Trust, 8 P.3d 266, 274 (Utah 2000) (fine of $23,000 not grossly disproportionate to violations of air quality regulations regarding asbestos removal); State v. Klawonn, 609 N.W.2d 515, 518 (Iowa 2000) ($150,000 fine for victim restitution was not excessive in an involuntary manslaughter case); United States v. Wyly, 193 F.3d 289, 303 (5th Cir.1999) (forfeiting $4 million in assets of a company which bribed the highest ranking law enforcement officer in the parish, manipulated financial accounts, and laundered money was not grossly disproportionat…
cited Cited as authority (rule) In Re Marriage of Howard
Iowa · 2003 · confidence medium
This approach means that any infringement by the state must be “ ‘narrowly tailored to serve a compelling state interest.’ ” Id. (quoting State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000)).
cited Cited as authority (rule) State v. Myers
Iowa · 2002 · confidence medium
See State v. Izzolena, 609 N.W.2d 541, 552-53 (Iowa 2000) (procedural-due-process argument rejected); State v. Klawonn, 609 N.W.2d 515, 519-20 (Iowa 2000) (substantive-due-process argument rejected).
discussed Cited as authority (rule) State v. Hernandez-Lopez
Iowa · 2002 · confidence medium
The defendants challenge the statute under the Due Process Clauses of the Fourteenth Amendment to the United States Constitution and article I, section 9 of the Iowa Constitution. 4 The federal and state Due Process Clauses are nearly identical in scope, import and purpose, and our analysis in this case applies to both claims. 5 Santi, 633 N.W.2d at 317 ; In re Detention of Garren, 620 N.W.2d 275, 284 (Iowa 2000); Cronkhite, 613 N.W.2d at 666 ; State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000).
cited Cited as authority (rule) State v. Kolbet
Iowa · 2001 · confidence medium
See State v. Izzolena, 609 N.W.2d 541, 552-53 (Iowa 2000); State v. Klawonn, 609 N.W.2d 515, 519 (Iowa 2000).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Ryan KLAWONN, Appellant
99-0631.
Supreme Court of Iowa.
Apr 26, 2000.
609 N.W.2d 515
Maggi Moss of Parrish, Kruidenier, Moss, Dun & Montgomery, L.L.P., Des Moines, for appellant., Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, John P. Sarcone, County Attorney, and Steven K. Young, Assistant Attorney General, for appellee.
Cady, Snell, Ternus, Carter, Lavorato.
Cited by 79 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #18,700 of 633,719
Citer courts: Court of Appeals of Iowa (4)

Lead Opinion

CADY, Justice.

Ryan Klawonn appeals the judgment and sentence imposed by the district court following his conviction for involuntary manslaughter in violation of Iowa Code section 707.5(1) (1997). He claims that portion of the sentence which requires him to pay $150,000 in victim restitution pursuant to section 910.3B (Supp.1997) violates his rights under the Excessive Fines, Double Jeopardy, and Due Process Clauses of the state and federal constitutions. He also argues the district court failed to exercise its discretion in imposing the restitution award. We affirm.

I. Background Facts and Proceedings.

The facts which give rise to this case occurred within a matter of seconds on November 22, 1997, around 11:00 in the evening. Ryan Klawonn was driving a Chrysler vehicle south on Fleur Drive in Des Moines. The speed limit in the area was forty miles per hour. At the same time, Nathaniel Boykin was driving his Ford vehicle north on Fleur Drive. Boy-kin turned his vehicle into the left-turn lane of Fleur Drive as he approached the intersection of McKinley Avenue, and started to turn left onto McKinley Avenue. At that moment, Klawonn’s vehicle approached the intersection at a speed in excess of seventy miles an hour.

Klawonn’s vehicle struck the right front portion of Boykin’s vehicle and violently pushed it into another vehicle. Boykin died within a short period of time as a result of the injuries sustained from the collision. He was seventy-one years old. Klawonn was twenty-four years old.

Just prior to the collision, Klawonn had stopped his vehicle at the intersection of Watrous Avenue and Fleur Drive, several blocks north of the crash scene. Klawonn was revving the engine of his Chrysler vehicle while waiting for the traffic control light to turn green. When the traffic light turned green, Klawonn quickly accelerated his vehicle and sped south on Fleur Drive. The road surface was dry that evening, and there were no drugs, alcohol, or other extenuating circumstances relating to the collision.

Klawonn was charged with homicide by vehicle in violation of section 707.6A(l)(a) (Supp.1997), but eventually pled guilty to involuntary manslaughter in violation of Iowa Code section 707.5(1) (1997). As a part of the sentence imposed by the district court, Klawonn was required to make restitution to the victim’s estate in the amount of $150,000 pursuant to section 910.3B(1) (Supp.1997).

Klawonn appeals from the imposition of-the restitution award under section 910.3B claiming it violates his rights under the Excessive Fines, Double Jeopardy, and Due Process Clauses of the United States and Iowa Constitutions. He also claims that the trial court failed to exercise its discretion in making the award. We affirm.

II. Scope of Review.

We review constitutional issues de novo. State v. Hamrick, 595 N.W.2d 492,[*518] 493 (Iowa 1999). Statutory challenges are reviewed for errors of law. Iowa R.App. P. 4; State v. Orozco, 573 N.W.2d 22, 24 (Iowa 1997).

III. Excessive Fines.

In State v. Izzolena, 609 N.W.2d 541 (Iowa 2000), we found the restitution award under section 910.3B does not violate the Excessive Fines Clauses of the Eighth Amendment of the United States Constitution, and article I, section 17 of the Iowa Constitution. Nevertheless, Kla-wonn claims the $150,000 restitution award imposed in this case is excessive in light of all of the underlying facts and circumstances of the offense.

The touchstone of the inquiry into the Excessive Fines Clause is based on the principle of proportionality. United States v. Bajakajian, 524 U.S. 321, 327, 118 S.Ct. 2028, 2033, 141 L.Ed.2d 314, 325 (1998). The “fine” must bear some relationship to the gravity of the offense it is designed to punish. Id. The sanction is excessive if it is grossly disproportionate to the gravity of the offense committed. Id. at 337, 118 S.Ct. at 2038,141 L.Ed.2d at 331.

In balancing the amount of restitution against the gravity of the offense, Klawonn argues the seriousness of the offense is diminished because his underlying activity was exceeding the speed limit. Thus, he claims the traffic offense of speeding does not justify punishment in the form of a restitution award of $150,000. Additionally, he asserts the award is excessive because it is not dischargeable in bankruptcy and will likely constitute a debilitating financial burden for the remainder of his 'life.

We acknowledge the predicate public offense committed by Klawonn was a simple misdemeanor traffic offense. See Iowa Code §§ 321.285, 321.482, and 805.8(2) (1997). Nevertheless, we have consistently required that the public offense which serves as the underlying crime of involuntary manslaughter must be committed with recklessness. See State v. Conner, 292 N.W.2d 682, 686 (Iowa 1980). Thus, the gravity of the underlying offense is not merely speeding, but speeding which demonstrates a willful and wanton disregard for the rights of others. See State v. Ayers, 478 N.W.2d 606, 608 (Iowa 1991). The operation of a motor vehicle on a city street at a rate of speed greater than even permitted on the interstate highways of this state is a grave offense in light of the likelihood of serious harm, including death. A vehicle operated in a reckless manner can be an extremely dangerous instrumentality of harm. See State v. Davis, 196 N.W.2d 885, 890 (Iowa 1972). We reject Klawonn’s argument that the gravity of his offense was diminished due to the underlying public offense he committed.

The inability to discharge the award in bankruptcy reveals a punitive aspect of the award.[1] See State v. Mayberry, 415 N.W.2d 644, 646 (Iowa 1987); see also Kelly v. Robinson, 479 U.S. 36, 49 n. 10, 107 S.Ct. 353, 360-61 n. 10, 93 L.Ed.2d 216, 228 n. 10 (1986). We also acknowledge the award is enforceable as a civil judgment, which can create broad long-term obstacles for Klawonn. See Iowa Code § 910.7A (1997).

The financial inability of an offender to pay a fine does relate to the degree of punishment. 24 C.J.S. Criminal Law § 1604, at 203 (1989); see also State v. Trailer Serv., Inc., 61 Wis.2d 400, 212 N.W.2d 683, 689 (Wis.1973). The amount of a fine can adversely impact an offender with limited financial means more than an offender with greater financial means. Thus, it is properly considered under the proportionality test as it impacts the amount of the fine. See 24 C.J.S. Criminal Law § 1604, at 203. Even so, the impact is controlled by statutory restric[*519] tions and limitations placed on the enforcement and collection of the fíne. See, e.g., Iowa Code §§ 627.6, 642.21(1). The restitution statute permits the court to structure a plan of restitution to help diminish the collateral consequences of a civil judgment. See id. § 910.7; Izzolena, 609 N.W.2d at 552 n. 7. Furthermore, the collateral consequences feared by Klawonn merely result from those means provided by law to help all persons who hold a judgment to secure payment. See generally Iowa Code chs. 626, 641. Yet, those same laws also uniformly protect debtors from the multiple burdens associated with the enforcement of judgments. See In re Marriage of Eklofe, 586 N.W.2d 357, 359 (Iowa 1998). Thus, for the most part, the proportionality test under the Excessive Fines Clause looks beyond the individual financial consequences of paying a fíne.

Considering the gravity of the offense, neither the amount nor the consequences of a judgment make the award grossly excessive. We conclude the $150,000 restitution award is not grossly disproportionate to the gravity of the offense of involuntary manslaughter involving the reckless operation of a motor vehicle.

IY. Double Jeopardy.

We have determined a restitution award imposed by the court pursuant to section 910.3B does not violate the Double Jeopardy Clause of our state and federal constitutions. Izzolena, 609 N.W.2d at 543. Accordingly, we reject the contrary claim, made by Klawonn in this case.

V. Due Process.

Klawonn challenges the imposition of the restitution award under section 910.3B on procedural and substantive due process grounds. We rejected the same procedural challenge in Izzolena. See id. We therefore will only consider the claim by Klawonn that section 910.3B violates due process on substantive grounds. He claims the restitution award not only bears no reasonable relationship to a legitimate government interest, but that portion of the statute which precludes him from denying the elements of the offense in any subsequent civil action impermissibly undercuts his right to enter an Alford plea.

Under the Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution, the state is forbidden from infringing on certain fundamental liberty interests, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest. Reno v. Flores, 507 U.S. 292, 302, 113 S.Ct. 1439, 1447, 123 L.Ed.2d 1, 16 (1993). Article I, section 9 of the Iowa Constitution provides the same due process protections found in the Fourteenth Amendment to the United States Constitution.[2] Iowa constitutional due process claims follow federal principles, and thus, we do not address the state due process claim separately. See State v. Miner, 331 N.W.2d 683, 688 (Iowa 1983).

Substantive due process analysis requires that we first identify the asserted right and determine whether it is “fundamental.” Id. We then determine whether the action infringing that right is narrowly tailored to serve a compelling state interest. In re C.S., 516 N.W.2d 851, 860 (Iowa 1994). Where the right infringed upon is not fundamental, substantive due process requires no more than “a ‘reasonable fit’ between governmental purpose ... and the means chosen to advance that purpose.” Id. at 861 (quoting Flores, 507 U.S. at 305, 113 S.Ct. at 1448-49, 123 L.Ed.2d at 18).

Klawonn does not allege that section 910.3B infringes upon a fundamental right, rather he argues it bears no rational relationship to any governmental interest. Our standard of review for his substantive[*520] due process challenge then is a rational basis test. See Kent v. Polk County Bd. of Supervisors, 391 N.W.2d 220, 225 (Iowa 1986).

We have explained the rational basis test under a substantive due process challenge as this:

There is no dispute about the rule that, to be constitutional, [a statute] must have a definite, rational relationship to a legitimate purpose....
A party who challenges [a statute] has the burden of proving it unconstitutional, and must negate every reasonable basis upon which the ordinance may be sustained. This means that the challenger has the burden of producing the evidence, and persuading the court, of the [statute’s] lack of rational nexus with its supposed purpose.
... If reasonableness of the [statute’s] nexus to its purported end is fairly debatable, it must be allowed to stand.

Exira Community Sch. Dist. v. State, 512 N.W.2d 787, 793 (Iowa 1994) (quoting Kent, 391 N.W.2d at 225).

We find an award under section 910.3B to have multiple purposes. It serves a remedial purpose in compensating the victim’s estate. It also serves a punitive purpose in punishing the defendant. In doing so, it also serves a rehabilitative purpose for the defendant. We have previously found restitution “is designed to instill responsibility in criminal offenders.” State v. Haines, 360 N.W.2d 791, 795 (Iowa 1985). Additionally, the Supreme Court has noted “[s]uch a penalty will affect the defendant differently than a traditional fine, paid to the State as an abstract and impersonal entity....” Kelly v. Robinson, 479 U.S. 36, 49 n. 10, 107 S.Ct. 353, 360 n. 10, 93 L.Ed.2d 216, 228 n. 10 (1986).

The government interests in restitution awards under section 910.3B are both compensation to the family and punishment for the defendant. We find the award pursuant to section 910.3B is a “reasonable fit” between the above government interests and the means through which the legislature has chosen to accomplish them. See In re C.S., 516 N.W.2d at 861. Thus, we find the award does not constitute a violation of substantive due process on these grounds.

We also conclude section 910.3B(3) does not conflict with the Due Process Clause by effectively depriving an offender of the ability to enter an Alford plea. The Alford plea, as it has become known, was designed to permit a defendant to make a voluntary and intelligent decision to plead guilty to a crime without admitting participation in the underlying facts which constitute the crime. See North Carolina v. Alford, 400 U.S. 25, 37-38, 91 S.Ct. 160, 167-68, 27 L.Ed.2d 162, 171-72 (1970). This permits the defendant to avoid a full trial, placing the dispute as to the State’s overwhelming evidence and the defendant’s claimed innocence to be settled by a judge. Id. at 32, 91 S.Ct. at 165, 27 L.Ed.2d at 168. We first recognized the Alford plea in Young v. Brewer, 190 N.W.2d 434, 438 (Iowa 1971). However, the legal notions it adopted were first recognized by us over a century ago when we noted, “[r]easons other than the fact that [the defendant] is guilty may induce a defendant to so plead, ... [and][h]e must be permitted to judge for himself in this respect.” State v. Kaufman, 51 Iowa 578, 580, 2 N.W. 275, 276 (1879).

Alford dealt with a defendant who chose to plead guilty to a lesser second-degree murder charge and face the accompanying thirty-year imprisonment to avoid the death penalty associated with first-degree murder. Alford, 400 U.S. at 39, 91 S.Ct. at 168, 27 L.Ed.2d at 172. An Alford plea is intended to permit a criminal defendant to take advantage of a lesser charge to avoid the risk of trial without admitting liability for the underlying facts, for in those situations the defendant has “absolutely nothing to gain by a trial and much to gain by pleading.” Id. at 37, 91 S.Ct at 167, 27[*521] L.Ed.2d at 171. Thus, the purpose of an Alford plea is not focused upon the potential impact such a plea would have in a subsequent civil suit, rather upon the defendant’s cost-benefit analysis of avoiding the risks associated with a trial on the more serious charge.

Additionally, a defendant has no fundamental constitutional right which requires the court to accept a guilty plea. Farley v. Glanton, 280 N.W.2d 411, 414 (Iowa 1979); see also Iowa R.Crim. P. 8(2)(b) (requirements for court to accept guilty plea). The court must determine a guilty plea has a factual basis before it can accept it, even where the plea is under Alford. See State v. Schminkey, 597 N.W.2d 785, 788 (Iowa 1999); Farley, 280 N.W.2d at 416 (“because the accused is denying his guilt, a factual basis must be established independent of his statements”). Thus, even if the defendant wants to plead guilty, there is no guarantee the court will accept the plea.

Furthermore, we find sections 910.3B(2) and 910.3B(3) are designed to protect the defendant’s rights in the subsequent action and promote judicial efficiency respectively. Section 910.3B(2) precludes the admission of any evidence of the existence or amount of any award pursuant to section 910.3B(1) in any subsequent civil action based upon the same set of facts, and section 910.8 specifically offsets any subsequent civil award based on the same set of facts by any award pursuant to chapter 910. See Iowa Code § 910.8 (1997) (“any restitution payment by the offender to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event”). Additionally, section 910.3B(3) comports with our prior pronouncements of issue preclusion. See Ideal Mut. Ins. Co. v. Winker, 319 N.W.2d 289, 297 (Iowa 1982) (a validly entered and accepted guilty plea precludes relitigation of essential elements of the offense in a civil case). While the defendant professes innocence, an Alford plea is only entertained after the “defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual guilt.” Alford, 400 U.S. at 37, 91 S.Ct. at 167, 27 L.Ed.2d at 171. Thus, there is no material difference between a plea which includes an express admission of guilt and an Alford plea, where the defendant has determined, given the evidence by the State, it is in the best interest to accept the punishment associated with the lesser charge. Id. However, the motivation behind the plea is of no consequence, rather the acceptance of the guilty plea is what is important. See AID Ins. Co. (Mut.) v. Chrest, 336 N.W.2d 437, 440 (Iowa 1983).

We find Klawonn’s argument with respect to Alford pleas unpersuasive. Section 910.3B(3) does not result in a denial of due process.

VI. Mandatory Award Under Section 910.3B.

Klawonn argues the legislature’s use of the word “shall” in section 910.3B(1) should be interpreted to give the sentencing court some discretion in imposing this award. Sections 910.3B(1) states,

In all criminal cases in which the offender is convicted of a felony ... [which] caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for pecuniary damages, ... the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim’s estate.

Iowa Code § 910.3B(1) (emphasis added).

The word “may” can be interpreted to mean “shall” where the context evidences such an intent. See State v. Berry, 247 N.W.2d 263, 265 (Iowa 1976). However, while the rule may work one way, it does not work the other. The word “may” can mean “shall,” but the word “shall” does not mean “may.” The legislature made this clear in drafting the Iowa Code[*522] when it said use of “ ‘shall’ imposes a duty;” while “ ‘may’ confers a power.” See Iowa Code § 4.1(80)(a), (c) (1997). Additionally, we have interpreted the term “shall” in a statute to create a mandatory duty, not discretion. See State v. Moyer, 382 N.W.2d 133, 134-35 (Iowa 1986); see also State v. Luckett, 387 N.W.2d 298, 301 (Iowa 1986) (use of “shall” creates mandatory action unless context clearly indicates otherwise). Finally, in Hansen v. Henderson, we said

“Sometimes courts are justified in interpreting the word ‘shall’ as ‘may,’ but, when used in a statute directing that a public body do certain acts, it is manifest that the word is to be construed as mandatory and not permissive. The uniform rule seems to be that the word ‘shall,’ when addressed to public officials, is mandatory and excludes the idea of discretion.”

Hansen v. Henderson, 244 Iowa 650, 665, 56 N.W.2d 59, 67 (1952) (quoting City of Newton v. Board of Supervisors, 135 Iowa 27, 30, 112 N.W. 167, 168 (1907) (citations omitted)).

We conclude the context of section 910.3B(1) clearly indicates the award is mandatory once the offender’s felonious actions result in the loss of human life. The use of the word “shall” in section 910.3B(1) was intended to create not merely the power to impose, but rather the duty upon the sentencing court to impose a restitution award payable to the estate of at least $150,000.

VII. Conclusion.

We hold the award pursuant to section 910.3B does not constitute an excessive fine, nor violate notions of double jeopardy. Finally, the award does not violate procedural or substantive due process rights.

AFFIRMED.

All justices concur except SNELL, J., who concurs in part and dissents in part and is joined by TERNUS, J., and CARTER and LAVORATO, JJ., take no part.
1

We do not consider whether the bankruptcy court would be required to follow that portion of section 910.3B which declares the restitution award "shall not be dischargeable ... under the federal Bankruptcy Act.” Ultimately, federal law, not state law, governs the determination of the dischargeability of debt. See In re Gross, 175 B.R. 277, 284 (Bankr.N.D.Ind.1994); In re Tapp, 16 B.R. 315, 318 (Bankr.D.Alaska 1981); see also 11 U.S.C. § 523(c) (1993).

2

The Fourteenth Amendment states no State "shall deprive any person of life, liberty or property without due process of law.” U.S. Const, amend. XIV, § 1.

Concurrence in Part

SNELL, Justice

(concurring in part and dissenting in part).

I concur in the majority’s opinion excepting for division III on excessive fines. I dissent from that division for the reasons stated in Justice Lavorato’s dissent in State v. Izzolena, 609 N.W.2d 541 (Iowa 2000), where I joined his dissent. I would vacate that order and remand so that the district court could then determine the amount of restitution in a meaningful hearing.

TERNUS, J., joins this concurrence and dissent.