Iowa Code » Chapter 123 — ALCOHOLIC BEVERAGE CONTROL
Iowa Code

Iowa Code § 123.59 (2026)

Bootlegging — penalties

✓ current as of July 2026
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1. Any person who, acting individually, or through another acting for the person, keeps or carries on the person, or in a vehicle, or leaves in a place for another to secure, any alcoholic liquor, wine, or beer, with intent to sell or dispense the liquor, wine, or beer, in violation of law, or who, within this state, in any manner, directly or indirectly, solicits, takes, or accepts an order for the purchase, sale, shipment, or delivery of alcoholic liquor, wine, or beer in violation of law, or aids in the delivery and distribution of alcoholic liquor, wine, or beer so ordered or shipped, or who in any manner procures for, sells, or gives alcoholic liquor, wine, or beer to a person under legal age, for any purpose except as authorized and permitted in this chapter, is a bootlegger.

2. A person who violates any of the provisions of this section commits the following:

a. For a first offense, a simple misdemeanor.

b. For a second or subsequent offense, a serious misdemeanor. [C51, §924 – 928; R60, §1559, 1562, 1563, 1583, 1587; C73, §1523, 1540 – 1542, 1555; C97, §2382; SS15, §2382, 2461-a; C24, 27, 31, §1927; C35, §1921-f59, 1927; C39, §1921.059, 1927; C46, 50, 54, 58, 62, 66, 71, §123.59, 125.7; C73, 75, 77, 79, 81, §123.59] 85 Acts, ch 32, §50; 85 Acts, ch 67, §16; 2018 Acts, ch 1096, §3, 6 Referred to in §123.50, 123.70 \n

Notes of Decisions
Cited in 6 cases, 1969–2002 · leading case: State v. Brustkern, 170 N.W.2d 389 (Iowa 1969).
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State v. Brustkern, 170 N.W.2d 389 (Iowa 1969). · cites it 28× “A Black Hawk County jury convicted defendant of the crime of bootlegging in violation of section 123.59, Code of Iowa. He has appealed from the judgment thereon challenging the sufficiency of the evidence to support a conviction under this section.”
State v. Battle, 199 N.W.2d 70 (Iowa 1972). · cites it 2× “Defendant, George Battle, appeals from conviction and sentence for the crime of being a bootlegger, as defined in Code section 123.59. We affirm. The evidence adduced at trial disclosed that on September 18, 1970, Robert Kes-sler, a Crestón police officer, was assigned to the…”
State v. Harper, 222 N.W.2d 450 (Iowa 1974). · cites it 2× “Defendant was charged with the crime of “bootlegging as defined in Section 123.59 of the 1971 Code of Iowa.” After trial resulting in a jury verdict of guilty, he was sentenced to imprisonment in Polk County jail for a term not to exceed 365 days.”
State v. Knox, 186 N.W.2d 641 (Iowa 1971). · cites it 5× “For a number of years, our liquor control act has provided (§ 123.59, Code, 1971): Any person who shall * * * in any manner, directly or indirectly, solicit, take, or accept any order for the purchase, sale, shipment, or delivery of * * * alcoholic liquors in violation of law,…”
State v. Hobbs, 654 N.W.2d 499 (Iowa 2002). · cites it 5× “Ronald Hobbs was convicted of bootlegging, maintaining a liquor nuisance, and failure to have a beer permit in violation, respectively, of Iowa Code sections 123.59, 123.60, and 123.22 (1999).”
State v. Jamell, 190 N.W.2d 768 (Iowa 1971). · cites it 4× “PER CURIAM: Defendant, charged with bootlegging as defined in section 123.59, the Code, pleaded not guilty, was tried, convicted and sentenced, and now appeals.”
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