Iowa Code

Iowa Code § 692A.126 (2026)

Sexually motivated offense — determination

✓ current as of July 2026
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1. If a judge or jury makes a determination, beyond a reasonable doubt, that any of the following offenses for which a conviction has been entered on or after July 1, 2009, are sexually motivated, the person shall be required to register as provided in this chapter: a. Murder in the first degree in violation of section 707.2. b. Murder in the second degree in violation of section 707.3. c. Voluntary manslaughter in violation of section 707.4. d. Involuntary manslaughter in violation of section 707.5. e. Attempt to commit murder in violation of section 707.11. f. Harassment in violation of section 708.7, subsection 1, 2, or 3. g. Stalking in violation of section 708.11.

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Tue Dec 09 21:57:01 2025 Iowa Code 2026, Chapter 692A (37, 1) 21 SEX OFFENDER REGISTRY, §692A.128\n\n h. Any other indictable offense in violation of chapter 708 if the offense was committed against a minor or otherwise involves a minor. i. Kidnapping in the first degree in violation of section 710.2. j. Kidnapping in the second degree in violation of section 710.3. k. Kidnapping in the third degree in violation of section 710.4. l. Child stealing in violation of section 710.5. m. Purchase or sale or attempted purchase or sale of an individual in violation of section 710.11. n. Burglary in the first degree in violation of section 713.3, subsection 1, paragraph “a”, “b”, or “c”. o. Attempted burglary in the first degree in violation of section 713.4. p. Burglary in the second degree in violation of section 713.5. q. Attempted burglary in the second degree in violation of section 713.6. r. Burglary in the third degree in violation of section 713.6A. s. Attempted burglary in the third degree in violation of section 713.6B. t. Pimping in violation of section 725.2 if the offense was committed against a minor or otherwise involves a minor. u. Pandering in violation of section 725.3, subsection 2. v. Any indictable offense in violation of chapter 726 if the offense was committed against a minor or otherwise involves a minor. w. Extortion in violation of section 711.4. 2. a. The following persons shall be required to register as provided in this chapter if the department makes a determination that the offense was sexually motivated: (1) A person convicted of an offense in this state specified under subsection 1 prior to July 1, 2009. (2) A person convicted of an offense in another jurisdiction, or convicted of an offense that was prosecuted in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1. (3) A juvenile convicted of an offense in another jurisdiction, or convicted of an offense as a juvenile in a similar juvenile court proceeding in a federal, military, or foreign court, prior to, on, or after July 1, 2009, that is comparable to an offense specified in subsection 1. b. A determination made pursuant to this subsection shall be issued in writing and shall include a summary of the information and evidence considered in making the determination that the offense was sexually motivated. c. The determination made by the department shall be subject to judicial review in accordance with chapter 17A. 2009 Acts, ch 119, §26; 2010 Acts, ch 1104, §14, 23; 2011 Acts, ch 95, §9; 2021 Acts, ch 89, §3 Referred to in §692A.102, 692A.125, 707.2, 707.3, 707.4, 707.5, 707.11, 708.7, 708.11, 708.15, 710.2, 710.3, 710.4, 710.5, 711.4, 713.3, 713.4, 713.5, 713.6, 713.6A, 713.6B, 726.10

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Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 2015–2025 · leading case: Ross Barker v. Iowa Dep't of Pub. Saf., 922 N.W.2d 581 (Iowa 2019).
Ross Barker v. Iowa Dep't of Pub. Saf., 922 N.W.2d 581 (Iowa 2019). · cites it 2× “Iowa Code § 692A.126(1) ; Kruse v. Iowa Dist.”
State of Iowa v. Iowa Dist. Court for Jones Cnty., 888 N.W.2d 655 (Iowa 2016). “For certain convictions occurring after July 1, 2009, the statute expressly provides that a judge or jury must make a factual determination “beyond a reasonable doubt” that an offense was sexually motivated in order to require an individual to register.”
State of Iowa v. Zackery Tyler Rigel (Iowa Ct. App. 2017). · cites it 16× “See Iowa Code § 692A.126. We therefore find the district court abused its sentencing discretion.”
State of Iowa v. Chad Richard Chapman (Iowa 2020). · cites it 11× “In this appeal, we must determine whether the minutes of testimony for a charge to which the defendant makes an Alford plea can be used to establish beyond a reasonable doubt that the defendant’s underlying conduct was “sexually motivated” for purposes of requiring him to…”
Darin Godfrey v. State of Iowa (Iowa Ct. App. 2019). · cites it 8× “Godfrey alleges his PCR trial counsel was ineffective for failing to challenge Iowa Code section 692A.126 (2017) on equal protection and procedural due process grounds and for failing to request the trial court take judicial notice of his underlying criminal file.”
State of Iowa v. Kadin Jeffrey Miller (Iowa Ct. App. 2023). · cites it 8× “7(5) provides, “For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.” Section 692A.126(1) in turn provides, “If a judge or…”
State of Iowa v. Kadin Jeffrey Miller (Iowa 2024). · cites it 8× “” Iowa Code § 692A.126(1). The Code lists sixty-seven different offenses that are per se sex offenses.”
State of Iowa v. Albert Henry Mesenbrink III (Iowa Ct. App. 2015). · cites it 10× “However, we decline to permit the district court to rely upon the minutes of testimony to establish proof beyond a reasonable doubt, as necessary to satisfy Iowa Code section 692A.”
State of Iowa v. Chad Richard Chapman (Iowa Ct. App. 2019). · cites it 5× “12, 2015) (“[W]e decline to permit the district court to rely upon the minutes of testimony to establish proof beyond a reasonable doubt, as necessary to satisfy Iowa Code section 692A.126, where the defendant agrees the minutes can be used ‘to know what happened’ yet later…”
State of Iowa v. Zackery Rigel (Iowa Ct. App. 2020). · cites it 4× “The court agreed and imposed the requirement that Rigel register as a sex offender pursuant to Iowa Code section 692A.126. Rigel appealed, challenging the determination the crime was sexually motivated.”
Donzell Lindsey, applicant-appellee/cross-appellant v. State of Iowa, respondent-appellant/cross-appellee. (Iowa Ct. App. 2015). · cites it 6× “See Iowa Code § 692A.126. On Lindsey’s confinement, the director of the Iowa Department of Corrections sex offender treatment program, Gail Huckins, notified Lindsey she had reviewed his crime and determined there was a “sexual component” which required referral to an…”
State of Iowa v. Anthony Rodriguez (Iowa Ct. App. 2016). · cites it 2× “Rodriguez appeals the district court’s finding that his harassment conviction was sexually motivated under Iowa Code section 692A.126 (2015). He also appeals the district court’s imposition of consecutive sentences, contending the court failed to articulate sufficient reasons.”
— Iowa Code § 692A.126(1) — 9 cases
Ross Barker v. Iowa Dep't of Pub. Saf., 922 N.W.2d 581 (Iowa 2019). “Iowa Code § 692A.126(1) ; Kruse v. Iowa Dist.”
State of Iowa v. Iowa Dist. Court for Jones Cnty., 888 N.W.2d 655 (Iowa 2016). “For certain convictions occurring after July 1, 2009, the statute expressly provides that a judge or jury must make a factual determination “beyond a reasonable doubt” that an offense was sexually motivated in order to require an individual to register.”
State of Iowa v. Kadin Jeffrey Miller (Iowa 2024). “” Iowa Code § 692A.126(1). The Code lists sixty-seven different offenses that are per se sex offenses.”
State of Iowa v. Chad Richard Chapman (Iowa 2020). “In this appeal, we must determine whether the minutes of testimony for a charge to which the defendant makes an Alford plea can be used to establish beyond a reasonable doubt that the defendant’s underlying conduct was “sexually motivated” for purposes of requiring him to…”
— Iowa Code § 692A.126(1)(f) — 2 cases
State of Iowa v. Kadin Jeffrey Miller (Iowa Ct. App. 2023). “7(5) provides, “For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.” Section 692A.126(1) in turn provides, “If a judge or…”
State of Iowa v. Kadin Jeffrey Miller (Iowa 2024). “” Iowa Code § 692A.126(1). The Code lists sixty-seven different offenses that are per se sex offenses.”
— Iowa Code § 692A.126(1)(h) — 1 case
State of Iowa v. Zackery Tyler Rigel (Iowa Ct. App. 2017). “See Iowa Code § 692A.126. We therefore find the district court abused its sentencing discretion.”
— Iowa Code § 692A.126(1)(p) — 1 case
In the Interest of A.N. (Iowa Ct. App. 2022).
— Iowa Code § 692A.126(1)(v) — 3 cases
State of Iowa v. Chad Richard Chapman (Iowa Ct. App. 2019). “12, 2015) (“[W]e decline to permit the district court to rely upon the minutes of testimony to establish proof beyond a reasonable doubt, as necessary to satisfy Iowa Code section 692A.126, where the defendant agrees the minutes can be used ‘to know what happened’ yet later…”
State of Iowa v. Richard Owen Busch (Iowa Ct. App. 2020).
State of Iowa v. Chad Richard Chapman (Iowa 2020). “In this appeal, we must determine whether the minutes of testimony for a charge to which the defendant makes an Alford plea can be used to establish beyond a reasonable doubt that the defendant’s underlying conduct was “sexually motivated” for purposes of requiring him to…”
— Iowa Code § 692A.126(2)(a)(1) — 1 case
Darin Godfrey v. State of Iowa (Iowa Ct. App. 2019). “Godfrey alleges his PCR trial counsel was ineffective for failing to challenge Iowa Code section 692A.126 (2017) on equal protection and procedural due process grounds and for failing to request the trial court take judicial notice of his underlying criminal file.”
— Iowa Code § 692A.126(2)(b) — 1 case
Darin Godfrey v. State of Iowa (Iowa Ct. App. 2019). “Godfrey alleges his PCR trial counsel was ineffective for failing to challenge Iowa Code section 692A.126 (2017) on equal protection and procedural due process grounds and for failing to request the trial court take judicial notice of his underlying criminal file.”
— Iowa Code § 692A.126(j) — 1 case
State of Iowa v. Albert Henry Mesenbrink III (Iowa Ct. App. 2015). “However, we decline to permit the district court to rely upon the minutes of testimony to establish proof beyond a reasonable doubt, as necessary to satisfy Iowa Code section 692A.”
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