It shall be unlawful for any person to operate an aircraft in the air space above this state
or on the ground or water within this state, while under the influence of intoxicating liquor,
narcotics, or other habit-forming drug, or to operate an aircraft in the air space above this
state or on the ground or water within this state in a careless or reckless manner so as to
endanger the life or property of another.
1. Any person who operates an aircraft in a careless or reckless manner in violation of the
provisions of this section shall be guilty of a simple misdemeanor.
2. Any person who operates any aircraft, while in an intoxicated condition or under the
influence of narcotic drugs in violation of this section, shall, upon conviction or a plea of
guilty, be guilty of:
a. A serious misdemeanor for the first offense.
b. An aggravated misdemeanor for the second offense.
c. A class “D” felony for a third offense.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.41]
2010 Acts, ch 1061, §123
\n
Notes of Decisions
Cited in
8
cases, 1957–2013 · leading case:
State v. Bahl, 242 N.W.2d 298 (Iowa 1976).
State v. Bahl, 242 N.W.2d 298 (Iowa 1976).
· cites it 15× “Section 328.41, The Code, provides in part: “It shall be unlawful for any person to operate an aircraft in the air space above this state or on the ground or water within this state, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to…”
Lamasters v. Snodgrass, 85 N.W.2d 622 (Iowa 1957).
· cites it 8× “1 and to section 328.41. Subsection 14 of section 328-1 provides : “ ‘Operation of aircraft’ or ‘operate aircraft’ means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft and shall embrace any person who causes or…”
State v. Kernes, 262 N.W.2d 602 (Iowa 1978).
· cites it 2× “See, for example, § 328.41, The Code, which makes it a misdemeanor for a pilot to operate an aircraft in a “careless or reckless manner so as to endanger the life or property of another.”
Est. of Dean Ex Rel. Dean v. Air Exec, Inc., 534 N.W.2d 103 (Iowa 1995).
· cites it 4× “Dean’s personal representative seeks to predicate this claim on the aircraft owner’s liability statute, Iowa Code § 328.41 , as interpreted in conjunction with Iowa Code section 328.”
Ward v. State, 374 A.2d 1118 (Md. 1977).
“§ 8-21-4-8 [14-109] (Burns 1973); Iowa Iowa Code Ann. § 328.41 (Supp. 1976); Maine Me.”
Gore v. Smith, 464 N.W.2d 865 (Iowa 1991).
· cites it 2× “See Iowa Code §§ 328.41 & 328.1(14) (1985). Defendants, however, contested plaintiff’s claim that the negligence of Smith caused personal injury and damage to plaintiff.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.