Iowa Code » Chapter 701 — GENERAL CRIMINAL LAW PROVISIONS
Iowa Code

Iowa Code § 701.2 (2026)

Public offense

✓ current as of July 2026
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A public offense is that which is prohibited by statute and is punishable by fine or imprisonment. [C51, §2816 – 2818; R60, §4428 – 4430; C73, §4103 – 4105; C97, §5092 – 5094; C24, 27, 31, 35, 39, §12889 – 12891; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §687.1, 687.2, 687.4; C79, 81, §701.2] Referred to in §664A.1, 671A.1, 671A.2

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Notes of Decisions
Cited in 35 cases (7 in the last 5 years), 1980–2026 · leading case: State v. Conner, 292 N.W.2d 682 (Iowa 1980).
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State v. Conner, 292 N.W.2d 682 (Iowa 1980). · cites it 16× “A "public offense," as defined in section 701.2, which may provide the basis for involuntary manslaughter under subsection 707.”
State v. Ceron, 573 N.W.2d 587 (Iowa 1997). · cites it 9× “§ 701.2. Additionally, the Iowa Criminal Code provides that “[wjherever a term, word or phrase is defined in the criminal code, such meaning shall be given wherever it appears in the Code, unless it is being specially defined for a special purpose.”
State of Iowa v. Orlando David Rodriguez, 804 N.W.2d 844 (Iowa 2011). · cites it 2× “See Iowa Code §§ 701.2 (defining “public offense” as "that which is prohibited by statute and is punishable by fine or imprisonment”), 701.”
State v. Lyman, 776 N.W.2d 865 (Iowa 2010). · cites it 2× “Iowa Code § 701.2 (stating, “[a] public offense is that which is prohibited by statute and is punishable by fine or imprisonment”).”
State v. Wolford Corp., 689 N.W.2d 471 (Iowa 2004). · cites it 4× “" Iowa Code § 701.2 (emphasis added). These definitions indicate the legislature intended to make a violation of section 558.”
State v. Adams, 554 N.W.2d 686 (Iowa 1996). · cites it 2× “Iowa Code § 701.2 . Taking possession of another’s property not exceeding one hundred dollars in value with the intent to deprive the owner of the property is theft in the fifth degree.”
Wright v. City of Cedar Falls, 424 N.W.2d 456 (Iowa 1988). · cites it 8× “” Iowa Code § 701.2 . While the parties disagree on whether this definition is applicable to chapter 663A, the legislature has provided in Iowa Code section 702.”
State v. Peterson, 327 N.W.2d 735 (Iowa 1982). · cites it 4× “" A public offense is defined in Iowa Code section 701.2 as "that which is prohibited by statute and is punishable by fine or imprisonment.”
State v. Satern, 516 N.W.2d 839 (Iowa 1994). · cites it 2× “See Iowa Code § 701.2 . We see no reason to carve out of the law of accomplice liability— applicable to all other crimes — an exception for those who actively encourage others to drink and drive.”
United States v. Boston, 494 F.3d 660 (8th Cir. 2007). “7 (peace officer may arrest without warrant where a public offense is committed in his presence); Iowa Code § 701.2 (“public offense” is prohibited by statute and punishable by fine or imprisonment).”
Matter of Kaster, 454 N.W.2d 876 (Iowa 1990). · cites it 2× “The term "public offense" appears generally in the Iowa Code and is defined in Iowa Code section 701.2: "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment.”
State v. Ruesga, 619 N.W.2d 377 (Iowa 2000). · cites it 2× “” Iowa Code § 701.2 . There are no common-law crimes in Iowa.”
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