Iowa Code » Chapter 702 — DEFINITIONS
Iowa Code

Iowa Code § 702.13 (2026)

Participating in a public offense

✓ current as of July 2026
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A person is “participating in a public offense,” during part or the entire period commencing with the first act done directly toward the commission of the offense and for the purpose of committing that offense, and terminating when the person has been arrested or has withdrawn from the scene of the intended crime and has eluded pursuers, if any there be. A person is “participating in a public offense” during this period whether the person is successful or unsuccessful in committing the offense. [C79, 81, §702.13] Referred to in §462A.34B

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Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1980–2026 · leading case: State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011).
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State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011). · cites it 56× “ovides that the driver of a motor vehicle is guilty of felony eluding when the driver willfully attempts to elude a marked law enforcement vehicle driven by a uniformed officer, after a visual or audible signal to stop has been provided, by driving in excess of twenty-five miles…”
State v. Heemstra, 721 N.W.2d 549 (Iowa 2006). · cites it 8× “Iowa Code § 702.13 (A person is participating in a public offense during the entire period commencing with the first act done directly toward the commission of the offense and is participating whether the person is successful or unsuccessful in committing the offense.”
State v. Johnson, 291 N.W.2d 6 (Iowa 1980). · cites it 26× “"Participating" is defined in section 702.13, Supplement to the Code 1977, as thus: A person is "participating in a public offense," during part or the entire period commencing with the first act done directly toward the commission of the offense and for the purpose of…”
State v. Doggett, 687 N.W.2d 97 (Iowa 2004). · cites it 11× “Iowa Code § 702.13 (emphasis added). In the present case there is no evidence to suggest Doggett’s participation in the crime of failure to appear did not begin and end ten days before the car chase when he failed to show up for his trial.”
State v. Philo, 697 N.W.2d 481 (Iowa 2005). · cites it 6× “Iowa Code § 702.13 . Likewise, once a participant has left the crime scene without any pursuers, the person is no longer “participating in a public offense.”
State v. Liggins, 557 N.W.2d 263 (Iowa 1996). · cites it 6× “It is based on Iowa Code section 702.13, which defines “participating in a public offense,” and is nearly identical to Iowa Criminal Jury Instruction 200.”
State v. Ceaser, 585 N.W.2d 192 (Iowa 1998). · cites it 4× “2d 440, 446 (Iowa 1982) ("a person may participate in an offense although he does not commit it"); Iowa Code § 702.13 (defining the phrase "participating in a public offense").”
State v. Johnson, 534 N.W.2d 118 (Iowa Ct. App. 1995). · cites it 4× “" The definition mirrors the uniform jury instructions and the statutory definition at Iowa Code section 702.13 (1993). We are reluctant to disapprove Uniform Instructions.”
State v. Smith, 739 N.W.2d 289 (Iowa 2007). · cites it 2× “See Iowa Code § 702.13 (stating “[a] person is ‘participating in a public offense,’ during part or the entire period commencing with the first act done directly toward the commission of the offense and for the purpose of committing that offense, and terminating when the person…”
State v. Phams, 342 N.W.2d 792 (Iowa 1983). · cites it 4× “See Iowa Code § 702.13 (person "participates" in public offense "whether the person is successful or unsuccessful in committing the offense").”
State v. Kern, 307 N.W.2d 22 (Iowa 1981). · cites it 4× “Section 702.13 defines participating in a public offense: A person is “participating in a public offense,” during part of the entire period commencing with the first act done directly toward the commission of the offense and for the purpose of committing that offense, and…”
State v. Mayberry, 411 N.W.2d 677 (Iowa 1987). · cites it 2× “4 (1985) and relying on the expanded definition of "participating" contained in Iowa Code § 702.13 (1985). The defendant cannot complain that the State assumed and satisfied a greater burden than was necessary under the facts of the case.”
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