As used in this chapter:
1. “Agency with jurisdiction” means an agency which has custody of or releases a person
serving a sentence or term of confinement or is otherwise in confinement based upon a
lawful order or authority, and includes but is not limited to the department of corrections,
the department of health and human services, a judicial district department of correctional
services, and the Iowa board of parole.
2. “Appropriate secure facility” means a state facility that is designed to confine but not
necessarily to treat a sexually violent predator.
3. “Convicted” means found guilty of, pleads guilty to, or is sentenced or adjudicated
delinquent for an act which is an indictable offense in this state or in another jurisdiction
including in a federal, military, tribal, or foreign court, including but not limited to a juvenile
who has been adjudicated delinquent, whether or not the juvenile court records have been
sealed under section 232.150, and a person who has received a deferred sentence or a
deferred judgment or has been acquitted by reason of insanity. “Convicted” includes the
conviction of a juvenile prosecuted as an adult. “Convicted” also includes a conviction for an
attempt or conspiracy to commit an offense. “Convicted” does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise
set aside.
4. “Department” means the department of health and human services.
5. “Director” means the director of health and human services.
6. “Discharge” means an unconditional discharge from the sexually violent predator
program. A person released from a secure facility into a transitional release program or
released with supervision is not considered to be discharged.
7. “Likely to engage in predatory acts of sexual violence” means that the person more
likely than not will engage in acts of a sexually violent nature. If a person is not confined
at the time that a petition is filed, a person is “likely to engage in predatory acts of sexual
violence” only if the person commits a recent overt act.
8. “Mental abnormality” means a congenital or acquired condition affecting the emotional
or volitional capacity of a person and predisposing that person to commit sexually violent
offenses to a degree which would constitute a menace to the health and safety of others.
9. “Predatory” means acts directed toward a person with whom a relationship has been
established or promoted for the primary purpose of victimization.
10. “Presently confined” means incarceration or detention in a correctional facility,
a rehabilitation camp, a residential facility, a county jail, a halfway house, or any other
comparable facility, including but not limited to placement at such a facility as a condition of
probation, parole, or special sentence following conviction for a sexually violent offense.
11. “Recent overt act” means any act that has either caused harm of a sexually violent
nature or creates a reasonable apprehension of such harm.
12. “Safekeeper” means a person who is confined in an appropriate secure facility
pursuant to this chapter but who is not subject to an order of commitment pursuant to this
chapter.
13. “Sexually motivated” means that one of the purposes for commission of a crime is the
purpose of sexual gratification of the perpetrator of the crime.
14. “Sexually violent offense” means:
a. A violation of any provision of chapter 709.
b. A violation of any of the following if the offense involves sexual abuse, attempted sexual
abuse, or intent to commit sexual abuse:
(1) Murder as defined in section 707.1.
(2) Kidnapping as defined in section 710.1.
(3) Burglary as defined in section 713.1.
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Tue Dec 09 22:21:24 2025 Iowa Code 2026, Chapter 229A (30, 1)
3 COMMITMENT OF SEXUALLY VIOLENT PREDATORS, §229A.3\n\n (4) Child endangerment under section 726.6, subsection 1, paragraph “e”.
c. Sexual exploitation of a minor in violation of section 728.12.
d. Pandering involving a minor in violation of section 725.3, subsection 2.
e. An offense involving an attempt or conspiracy to commit any offense referred to in this
subsection.
f. An offense under prior law of this state or an offense committed in another jurisdiction
which would constitute an equivalent offense under paragraphs “a” through “e”.
g. Any act which, either at the time of sentencing for the offense or subsequently during
civil commitment proceedings pursuant to this chapter, has been determined beyond a
reasonable doubt to have been sexually motivated.
15. “Sexually violent predator” means a person who has been convicted of or charged with
a sexually violent offense and who suffers from a mental abnormality which makes the person
likely to engage in predatory acts constituting sexually violent offenses, if not confined in a
secure facility.
16. “Transitional release” means a conditional release from a secure facility operated by
the department with the conditions of such release set by the court or the department.
98 Acts, ch 1171, §2; 99 Acts, ch 61, §1, 14; 2002 Acts, ch 1139, §2, 27; 2007 Acts, ch 91, §1;
2010 Acts, ch 1074, §1; 2014 Acts, ch 1059, §1; 2018 Acts, ch 1165, §96; 2019 Acts, ch 17, §1,
2; 2023 Acts, ch 19, §534
Referred to in §272C.15, 671A.2, 692A.101, 901A.1
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Notes of Decisions
In RE the Det. of Anthony Geltz Anthony Geltz, 840 N.W.2d 273 (Iowa 2013).
· cites it 32× “The State argues that the term “convicted” in Iowa Code section 229A.2 (11) should be read broadly to include juvenile adjudications.”
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013).
· cites it 12× “See Iowa Code § 229A.2(11) (“ ‘Sexually violent predator’ means a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent…”
In Re the Det. of Altman, 723 N.W.2d 181 (Iowa 2006).
· cites it 19× “” Iowa Code § 229A.2(11). To establish that Altman has a “mental abnormality,” the State had to prove that Altman’s condition “predis-pos[es][him] to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others.”
In Re Det. of Barnes, 658 N.W.2d 98 (Iowa 2003).
· cites it 18× “We interpreted the “mental abnormality” definition of section 229A.2(3) (1999) (now section 229A.”
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
· cites it 14× “§ 229A.2. Unfortunately there is no statutory definition of the term “presently confined” as utilized in section 4 of the statute.”
In Re Det. of Williams, 628 N.W.2d 447 (Iowa 2001).
· cites it 8× “But the statute defines the term “likely to engage in predatory acts of sexual violence” as “the person more likely than not will engage in acts of a sexually violent nature.”
In RE the Det. of Paul Michael Blaise Paul Michael Blaise, 830 N.W.2d 310 (Iowa 2013).
· cites it 11× “Because Blaise had recently pled guilty to first-degree harassment, a crime not identified in section 229A.2(10), it -was the State’s burden to prove beyond a reasonable doubt that the harassment was sexually motivated.”
In Re Det. of Palmer, 691 N.W.2d 413 (Iowa 2005).
· cites it 9× “§ 229A.2(10) (defining the phrase as any violation of chapter 709 or various other sexually motivated offenses).”
In Re Det. of Swanson, 668 N.W.2d 570 (Iowa 2003).
· cites it 10× “§ 229A.2(3). This phrase is defined as “any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm.”
In Re the Det. of Calvin Matlock, Calvin Matlock, 860 N.W.2d 898 (Iowa 2015).
· cites it 10× “§ 229A.2(11). The Code states a “mental abnormality” is “a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and…”
— Iowa Code § 229A.2(1) — 2 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
“§ 229A.2. Unfortunately there is no statutory definition of the term “presently confined” as utilized in section 4 of the statute.”
— Iowa Code § 229A.2(10) — 17 cases
In RE the Det. of Paul Michael Blaise Paul Michael Blaise, 830 N.W.2d 310 (Iowa 2013).
“Because Blaise had recently pled guilty to first-degree harassment, a crime not identified in section 229A.2(10), it -was the State’s burden to prove beyond a reasonable doubt that the harassment was sexually motivated.”
In Re Det. of Palmer, 691 N.W.2d 413 (Iowa 2005).
“§ 229A.2(10) (defining the phrase as any violation of chapter 709 or various other sexually motivated offenses).”
— Iowa Code § 229A.2(10)(a) — 6 cases
In RE the Det. of Paul Michael Blaise Paul Michael Blaise, 830 N.W.2d 310 (Iowa 2013).
“Because Blaise had recently pled guilty to first-degree harassment, a crime not identified in section 229A.2(10), it -was the State’s burden to prove beyond a reasonable doubt that the harassment was sexually motivated.”
— Iowa Code § 229A.2(10)(g) — 6 cases
— Iowa Code § 229A.2(10)(p) — 1 case
In RE the Det. of Paul Michael Blaise Paul Michael Blaise, 830 N.W.2d 310 (Iowa 2013).
“Because Blaise had recently pled guilty to first-degree harassment, a crime not identified in section 229A.2(10), it -was the State’s burden to prove beyond a reasonable doubt that the harassment was sexually motivated.”
— Iowa Code § 229A.2(11) — 54 cases
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013).
“See Iowa Code § 229A.2(11) (“ ‘Sexually violent predator’ means a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent…”
In Re the Det. of Altman, 723 N.W.2d 181 (Iowa 2006).
“” Iowa Code § 229A.2(11). To establish that Altman has a “mental abnormality,” the State had to prove that Altman’s condition “predis-pos[es][him] to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others.”
— Iowa Code § 229A.2(11)(a) — 1 case
— Iowa Code § 229A.2(11)(g) — 4 cases
— Iowa Code § 229A.2(12) — 13 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
“§ 229A.2. Unfortunately there is no statutory definition of the term “presently confined” as utilized in section 4 of the statute.”
— Iowa Code § 229A.2(12)(a) — 2 cases
— Iowa Code § 229A.2(13) — 10 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
“§ 229A.2. Unfortunately there is no statutory definition of the term “presently confined” as utilized in section 4 of the statute.”
— Iowa Code § 229A.2(14) — 1 case
— Iowa Code § 229A.2(14)(a) — 2 cases
— Iowa Code § 229A.2(14)(b)(2) — 1 case
— Iowa Code § 229A.2(15) — 5 cases
— Iowa Code § 229A.2(16) — 1 case
— Iowa Code § 229A.2(2) — 4 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
“§ 229A.2. Unfortunately there is no statutory definition of the term “presently confined” as utilized in section 4 of the statute.”
— Iowa Code § 229A.2(3) — 10 cases
In Re Det. of Williams, 628 N.W.2d 447 (Iowa 2001).
“But the statute defines the term “likely to engage in predatory acts of sexual violence” as “the person more likely than not will engage in acts of a sexually violent nature.”
In Re Det. of Barnes, 658 N.W.2d 98 (Iowa 2003).
“We interpreted the “mental abnormality” definition of section 229A.2(3) (1999) (now section 229A.”
— Iowa Code § 229A.2(4) — 24 cases
In Re Det. of Barnes, 658 N.W.2d 98 (Iowa 2003).
“We interpreted the “mental abnormality” definition of section 229A.2(3) (1999) (now section 229A.”
In Re Det. of Palmer, 691 N.W.2d 413 (Iowa 2005).
“§ 229A.2(10) (defining the phrase as any violation of chapter 709 or various other sexually motivated offenses).”
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013).
“See Iowa Code § 229A.2(11) (“ ‘Sexually violent predator’ means a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent…”
— Iowa Code § 229A.2(5) — 33 cases
In Re the Det. of Altman, 723 N.W.2d 181 (Iowa 2006).
“” Iowa Code § 229A.2(11). To establish that Altman has a “mental abnormality,” the State had to prove that Altman’s condition “predis-pos[es][him] to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others.”
In Re the Det. of Calvin Matlock, Calvin Matlock, 860 N.W.2d 898 (Iowa 2015).
“§ 229A.2(11). The Code states a “mental abnormality” is “a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and…”
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
“§ 229A.2. Unfortunately there is no statutory definition of the term “presently confined” as utilized in section 4 of the statute.”
— Iowa Code § 229A.2(6) — 18 cases
In Re Det. of Swanson, 668 N.W.2d 570 (Iowa 2003).
“§ 229A.2(3). This phrase is defined as “any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm.”
In Re Det. of Palmer, 691 N.W.2d 413 (Iowa 2005).
“§ 229A.2(10) (defining the phrase as any violation of chapter 709 or various other sexually motivated offenses).”
— Iowa Code § 229A.2(7) — 5 cases
— Iowa Code § 229A.2(7)(a) — 2 cases
— Iowa Code § 229A.2(8) — 16 cases
— Iowa Code § 229A.2(8)(6) — 1 case
— Iowa Code § 229A.2(9) — 19 cases
In Re Det. of Williams, 628 N.W.2d 447 (Iowa 2001).
“But the statute defines the term “likely to engage in predatory acts of sexual violence” as “the person more likely than not will engage in acts of a sexually violent nature.”
In RE the Det. of Paul Michael Blaise Paul Michael Blaise, 830 N.W.2d 310 (Iowa 2013).
“Because Blaise had recently pled guilty to first-degree harassment, a crime not identified in section 229A.2(10), it -was the State’s burden to prove beyond a reasonable doubt that the harassment was sexually motivated.”
In Re the Det. of Calvin Matlock, Calvin Matlock, 860 N.W.2d 898 (Iowa 2015).
“§ 229A.2(11). The Code states a “mental abnormality” is “a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and…”
In Re Det. of Barnes, 658 N.W.2d 98 (Iowa 2003).
“We interpreted the “mental abnormality” definition of section 229A.2(3) (1999) (now section 229A.”
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