Iowa Code

Iowa Code § 702.2 (2026)

Act

✓ current as of July 2026
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The term “act” includes a failure to do any act which the law requires one to perform. [C79, 81, §702.2] Referred to in §670A.1

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Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1988–2023 · leading case: State of Iowa v. Valentin Velez, 829 N.W.2d 572 (Iowa 2013).
State of Iowa v. Valentin Velez, 829 N.W.2d 572 (Iowa 2013). · cites it 3× “See Iowa 28 Code § 702.2 (recognizing “[t]he term ‘act’ includes a failure to do any act which the law requires one to perform”).”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “§ 35-41-2-1 (a); Iowa Code Ann. § 702.2 ; Kan. Stat. Ann. § 21-5111 (a); Me.”
State v. Williams, 674 N.W.2d 69 (Iowa 2004). · cites it 2× “The State proceeded to trial on three theories: (1) that Williams took the car with intent to deprive the dealership of its property, (2) that he concealed the car in order to deprive the dealership of its secu *71 rity interest, and (3) that he deprived the dealership of its…”
State v. Ragland, 420 N.W.2d 791 (Iowa 1988). · cites it 2× “We believe that section 702.2(2) meets this test and does not violate defendant’s right to equal protection under the law.”
United States v. Darvill Bragg, 44 F.4th 1067 (8th Cir. 2022). “” Iowa Code § 702.2 . In Clark we rejected this argument in concluding that a § 708.”
United States v. Zacharia Clark, 1 F.4th 632 (8th Cir. 2021). “Clark further argues that Iowa’s willful injury statute does not necessarily require an act of violent force because Iowa Code § 702.2 defines an “act” to include “a failure to do any act which the law requires one to perform.”
State of Iowa v. Ricky L. Overstreet (Iowa Ct. App. 2016). · cites it 2× “” Iowa Code § 702.2 . 10 that []he was creating a substantial risk to the child’s safety”).”
State of Iowa v. Kashenna Nichole Tucker, 922 N.W.2d 104 (Iowa Ct. App. 2018). · cites it 2× “" Iowa Code § 702.2 . Additionally, "knowingly" means "the defendant acted with knowledge that [he or] she was creating substantial risk to the child's safety.”
State of Iowa v. Derek Michael White (Iowa Ct. App. 2023). · cites it 2× “May 26, 2004) (noting that Iowa Code section 702.2 defines “act” to include “a failure to do any act which the law requires one to perform.”
United States v. Antwain Spratt (8th Cir. 2018). “Although the term “act” includes “a failure to do any act which the law requires one to perform,” Iowa Code § 702.2 , a defendant cannot commit willful injury in violation of Iowa Code § 708.”
— Iowa Code § 702.2(2) — 1 case
State v. Ragland, 420 N.W.2d 791 (Iowa 1988). “We believe that section 702.2(2) meets this test and does not violate defendant’s right to equal protection under the law.”
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