Iowa Code » Chapter 229A — COMMITMENT OF SEXUALLY VIOLENT PREDATORS
Iowa Code

Iowa Code § 229A.4 (2026)

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✓ current as of July 2026
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1. If it appears that a person presently confined may be a sexually violent predator and the prosecutor’s review committee has determined that the person meets the definition of a sexually violent predator, the attorney general may file a petition alleging that the person is a sexually violent predator and stating sufficient facts to support such an allegation. 2. A prosecuting attorney of the county in which the person was convicted or charged, or the attorney general if requested by the prosecuting attorney, may file a petition alleging that a person is a sexually violent predator and stating sufficient facts to support such an allegation, if it appears that a person who has committed a recent overt act meets any of the following criteria: a. The person was convicted of a sexually violent offense and is no longer presently confined for that offense. b. The person was charged with, but was acquitted of, a sexually violent offense by reason of insanity and has been released from confinement or any supervision. c. The person was charged with, but was found to be incompetent to stand trial for, a sexually violent offense and has been released from confinement or any supervision. 98 Acts, ch 1171, §4; 99 Acts, ch 61, §2, 14; 2019 Acts, ch 17, §4 Referred to in §229A.5, 229A.6

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Notes of Decisions
Cited in 42 cases (4 in the last 5 years), 2000–2022 · leading case: In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
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In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). · cites it 178× “See Iowa Code § 229A.4 (2016). Therefore, the State did not have to prove a recent overt act to bring a petition seeking Nicholas Wygle’s commitment as a sexually violent predator.”
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013). · cites it 29× “Was the Proceeding Timely Commenced? Section 229A.4 of the Iowa Code governs the State’s petition for civil commitment.”
In re Tripp, 915 N.W.2d 867 (Iowa 2018). · cites it 38× “Tripp asserts the State failed to prove either that he was presently confined for a sexually violent offense under Iowa Code section 229A.4(1) or that he committed a recent overt act under Iowa Code section 229A.”
In Re the Det. of Huss, 688 N.W.2d 58 (Iowa 2004). · cites it 18× “The answer to this contention is that this is not the only triggering event for the filing of a petition under section 229A.4. The argument confuses a petition filed pursuant to section 229A.”
In Re the Det. of Shaffer, 769 N.W.2d 169 (Iowa 2009). · cites it 13× “4 (providing certain criteria to commence proceedings to commit “a person presently confined” and separate criteria to commence proceedings to commit “a person who has committed a recent overt act”). Only the first option is implicated in this case because the State does not…”
In Re Det. of Willis, 691 N.W.2d 726 (Iowa 2005). · cites it 10× “We determined that the notice the statute envisions “is only intended to be a heads-up to an approaching discharge date in case a determination to file a section 229A.4(1) petition appears to be a possibility.”
In Re the Det. of Garren, 620 N.W.2d 275 (Iowa 2000). · cites it 7× “See Iowa Code §§ 229A.4, .7. The district court found that probable cause existed to believe that Garren suffered from a mental abnormality — pedophilia—and that based upon the evidence presented, this abnormality made “it likely that [Garren] will engage in predatory acts…”
Est. of Mercedes Gottschalk by Coexecutors Richard Gottschalk & Rebecca Rassler v. Pomeroy Dev., Inc. D/B/A Pomeroy Care Ctr. v. State of Iowa, Third-Party on Review From the Iowa Court of Appeal, 893 N.W.2d 579 (Iowa 2017). · cites it 4× “See Iowa Code § 229A.4 (2011). This was based on his lifetime of sexual offenses, many of them against children.”
In re the Det. of Ronald Tripp, 911 N.W.2d 408 (Iowa 2018). · cites it 71× “Tripp asserts the State failed to prove either that he was presently confined for a sexually violent offense under Iowa Code section 229A.4(1) or that he committed a recent overt act under Iowa Code section 229A.”
In RE the Det. of Anthony Geltz Anthony Geltz, 840 N.W.2d 273 (Iowa 2013). · cites it 4× “Iowa Code § 229A.4(2)(5 )-(c) (2011). Geltz was not found insane or incompetent to stand trial.”
In Re Det. of Gonzales, 658 N.W.2d 102 (Iowa 2003). · cites it 4× “” Similarly, section 229A.4(1) provides: “If it appears that a person presently confined may be a sexually violent predator” a petition may be filed.”
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). · cites it 2× “A person may not be detained under chapter 229A until after (1) the attorney general files a petition alleging that the person is a SVP and stating sufficient facts to support such an allegation (section 229A.4(1)), and (2) a district court has made a preliminary determination…”
Show all 42 citing cases →
— Iowa Code § 229A.4(1) — 29 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). “See Iowa Code § 229A.4 (2016). Therefore, the State did not have to prove a recent overt act to bring a petition seeking Nicholas Wygle’s commitment as a sexually violent predator.”
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013). “Was the Proceeding Timely Commenced? Section 229A.4 of the Iowa Code governs the State’s petition for civil commitment.”
In re Tripp, 915 N.W.2d 867 (Iowa 2018). “Tripp asserts the State failed to prove either that he was presently confined for a sexually violent offense under Iowa Code section 229A.4(1) or that he committed a recent overt act under Iowa Code section 229A.”
In Re Det. of Willis, 691 N.W.2d 726 (Iowa 2005). “We determined that the notice the statute envisions “is only intended to be a heads-up to an approaching discharge date in case a determination to file a section 229A.4(1) petition appears to be a possibility.”
In Re the Det. of Huss, 688 N.W.2d 58 (Iowa 2004). “The answer to this contention is that this is not the only triggering event for the filing of a petition under section 229A.4. The argument confuses a petition filed pursuant to section 229A.”
— Iowa Code § 229A.4(2) — 16 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). “See Iowa Code § 229A.4 (2016). Therefore, the State did not have to prove a recent overt act to bring a petition seeking Nicholas Wygle’s commitment as a sexually violent predator.”
In re Tripp, 915 N.W.2d 867 (Iowa 2018). “Tripp asserts the State failed to prove either that he was presently confined for a sexually violent offense under Iowa Code section 229A.4(1) or that he committed a recent overt act under Iowa Code section 229A.”
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013). “Was the Proceeding Timely Commenced? Section 229A.4 of the Iowa Code governs the State’s petition for civil commitment.”
In RE the Det. of Anthony Geltz Anthony Geltz, 840 N.W.2d 273 (Iowa 2013). “Iowa Code § 229A.4(2)(5 )-(c) (2011). Geltz was not found insane or incompetent to stand trial.”
In re the Det. of Ronald Tripp, 911 N.W.2d 408 (Iowa 2018). “Tripp asserts the State failed to prove either that he was presently confined for a sexually violent offense under Iowa Code section 229A.4(1) or that he committed a recent overt act under Iowa Code section 229A.”
— Iowa Code § 229A.4(2)(a) — 5 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). “See Iowa Code § 229A.4 (2016). Therefore, the State did not have to prove a recent overt act to bring a petition seeking Nicholas Wygle’s commitment as a sexually violent predator.”
In re the Det. of Ronald Tripp, 911 N.W.2d 408 (Iowa 2018). “Tripp asserts the State failed to prove either that he was presently confined for a sexually violent offense under Iowa Code section 229A.4(1) or that he committed a recent overt act under Iowa Code section 229A.”
In re the Det. of Nicholas Wygle (Iowa 2018).
In Re the Det. of Michael Ogden Michael Ogden (Iowa Ct. App. 2017).
In re the Det. of Andrew Henry Martin (Iowa Ct. App. 2019).
— Iowa Code § 229A.4(I) — 1 case
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013). “Was the Proceeding Timely Commenced? Section 229A.4 of the Iowa Code governs the State’s petition for civil commitment.”
— Iowa Code § 229A.4(l) — 1 case
In RE the Det. of Jonathan Edwin Stenzel Jonathan Edwin Stenzel, 827 N.W.2d 690 (Iowa 2013). “Was the Proceeding Timely Commenced? Section 229A.4 of the Iowa Code governs the State’s petition for civil commitment.”
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