Iowa Code » Chapter 702 — DEFINITIONS
Iowa Code

Iowa Code § 702.9 (2026)

Deception

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

“Deception” consists of knowingly doing any of the following:

1. Creating or confirming another’s belief or impression as to the existence or nonexistence of a fact or condition which is false and which the actor does not believe to be true.

2. Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition which the actor previously has created or confirmed.

3. Preventing another from acquiring information pertinent to the disposition of the property involved in any commercial or noncommercial transaction or transfer.

4. Selling or otherwise transferring or encumbering property and failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record.

5. Promising payment, the delivery of goods, or other performance which the actor does not intend to perform or knows the actor will not be able to perform. Failure to perform, standing alone, is not evidence that the actor did not intend to perform.

6. Inserting anything other than lawful money or authorized token into the money slot of any machine which dispenses goods or services. [C79, 81, §702.9] Referred to in §15A.3, 717A.3B \n

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1994–2024 · leading case: State v. Hogrefe, 557 N.W.2d 871 (Iowa 1996).
Sort: Relevance Newest Treatment
State v. Hogrefe, 557 N.W.2d 871 (Iowa 1996). · cites it 14× “” Iowa Code § 702.9 (5). This same section goes on to say “[f]ailure to perform, standing alone, is not evidence that the actor did not intend to perform.”
State v. Delaney, 526 N.W.2d 170 (Iowa Ct. App. 1994). · cites it 10× “2 Iowa Code § 702.9 (1991). *178 Delaney argues there was insufficient evidence of his criminal intent to deceive the victims in obtaining the money from them.”
State v. Williams, 674 N.W.2d 69 (Iowa 2004). · cites it 8× “Iowa Code § 702.9 (1), (5). In the present case, the jury was free to find from the evidence that Williams knowingly deceived the dealership by presenting a bogus letter indicating a source of payment for the car.”
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). · cites it 6× “Iowa Code § 702.9 (l)-(2). It is essential that the actor know the statement or representation causing deception is false at the time it is made, State v.”
State v. Ross, 573 N.W.2d 906 (Iowa 1998). · cites it 6× “20 defines “deception” in the language of subsections (1), (2), and (5) of Iowa Code section 702.9, which provides six definitions of “deception.”
State v. Tovar, 580 N.W.2d 768 (Iowa 1998). · cites it 15× “Iowa Code § 702.9 . We recently discussed theft by deception: We have never interpreted theft by deception.”
State v. Rivers, 588 N.W.2d 408 (Iowa 1998). · cites it 8× “” Iowa Code § 702.9 (5). Such intent or knowledge must exist at the time the defendant makes the promise of payment, delivery, or performance.”
State of Iowa v. Demetrius S. Rimmer v. Rona Murphy v. Melonicka Thomas, 877 N.W.2d 652 (Iowa 2016). · cites it 2× “4; theft in the second degree in violation of sections 702.9, 703.1, 703.2, 714.1, and 714.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Matthew L. Noel, 923 N.W.2d 575 (Iowa 2019). · cites it 2× “§ 702.9(1). This definition makes fraud an element of theft by deception.”
State v. Miller, 590 N.W.2d 45 (Iowa 1999). · cites it 4× “” Pertinent to this appeal, “deception” is defined in alternative ways at section 702.9 as follows: 1. Creating or confirming another’s belief or impression as to the existence or nonexistence of a fact or condition which is false and which the actor does not believe to be true.”
Reynolds v. Condon, 908 F. Supp. 1494 (N.D. Iowa 1996). · cites it 2× “V alleged abuse of process by all defendants individually and as a group; Count VI alleged intentional infliction of emotional distress by all defendants individually and as a group; Count VII alleged fraud by all defendants individually and as a group; Count VIII alleged loss…”
State v. Wilson, 573 N.W.2d 248 (Iowa 1998). “§§ 702.9(1), 714.1(3). That brings us to the main issue in this case.”
Show all 22 citing cases →
— Iowa Code § 702.9(1) — 11 cases
Iowa Supreme Court Attorney Disciplinary Bd. v. Matthew L. Noel, 923 N.W.2d 575 (Iowa 2019). “§ 702.9(1). This definition makes fraud an element of theft by deception.”
State v. Tovar, 580 N.W.2d 768 (Iowa 1998). “Iowa Code § 702.9 . We recently discussed theft by deception: We have never interpreted theft by deception.”
State v. Williams, 674 N.W.2d 69 (Iowa 2004). “Iowa Code § 702.9 (1), (5). In the present case, the jury was free to find from the evidence that Williams knowingly deceived the dealership by presenting a bogus letter indicating a source of payment for the car.”
State of Iowa v. Demetrius S. Rimmer v. Rona Murphy v. Melonicka Thomas, 877 N.W.2d 652 (Iowa 2016). “4; theft in the second degree in violation of sections 702.9, 703.1, 703.2, 714.1, and 714.”
State v. Wilson, 573 N.W.2d 248 (Iowa 1998). “§§ 702.9(1), 714.1(3). That brings us to the main issue in this case.”
— Iowa Code § 702.9(3) — 1 case
State of Iowa v. Christy Ann Gainvors (Iowa Ct. App. 2024).
— Iowa Code § 702.9(5) — 5 cases
State v. Hogrefe, 557 N.W.2d 871 (Iowa 1996). “” Iowa Code § 702.9 (5). This same section goes on to say “[f]ailure to perform, standing alone, is not evidence that the actor did not intend to perform.”
State v. Delaney, 526 N.W.2d 170 (Iowa Ct. App. 1994). “2 Iowa Code § 702.9 (1991). *178 Delaney argues there was insufficient evidence of his criminal intent to deceive the victims in obtaining the money from them.”
State v. Tovar, 580 N.W.2d 768 (Iowa 1998). “Iowa Code § 702.9 . We recently discussed theft by deception: We have never interpreted theft by deception.”
State v. Rivers, 588 N.W.2d 408 (Iowa 1998). “” Iowa Code § 702.9 (5). Such intent or knowledge must exist at the time the defendant makes the promise of payment, delivery, or performance.”
State of Iowa v. Andrew Rudolph Wulf (Iowa Ct. App. 2019).
— Iowa Code § 702.9(l) — 1 case
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). “Iowa Code § 702.9 (l)-(2). It is essential that the actor know the statement or representation causing deception is false at the time it is made, State v.”
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.