Iowa Code

Iowa Code § 706.1 (2026)

Conspiracy

✓ current as of July 2026
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1. A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following: a. Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime. b. Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime. 2. It is not necessary for the conspirator to know the identity of each and every conspirator. 3. A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means. 4. A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy. [C51, §2758, 2996; R60, §4408, 4790; C73, §4087, 4425; C97, §5059, 5490; C24, 27, 31, 35, 39, §13162, 13902; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §719.1, 782.6; C79, 81, §706.1] 87 Acts, ch 129, §1 Referred to in §717A.3B

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Notes of Decisions
Cited in 75 cases (9 in the last 5 years), 1966–2025 · leading case: State of Iowa v. Christine Ann Kern, 831 N.W.2d 149 (Iowa 2013).
State of Iowa v. Christine Ann Kern, 831 N.W.2d 149 (Iowa 2013). · cites it 8× “2d 95, 102 (Iowa 2004) (alterations added); see also Iowa Code § 706.1 (defining the crime of conspiracy).”
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). · cites it 7× “Iowa Code § 706.1 (1). It is necessary for “at least one conspirator [to commit] an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.”
State v. Fintel, 689 N.W.2d 95 (Iowa 2004). · cites it 4× “2d 738, 741 (Iowa 2001); see also Iowa Code § 706.1 (l)-(4). An agreement to form a conspiracy may be described as a “concert of free wills,” “union of the minds of at least two persons,” and “a mental confederation involving at least two persons.”
State v. Tonelli, 749 N.W.2d 689 (Iowa 2008). · cites it 10× “Iowa Code § 706.1 . Tonelli’s counsel claimed the rule applied only where there was a conspiracy to commit an aggravated misdemeanor or felony and that her client conspired only to do something entirely legal, namely plan a party.”
State v. Mapp, 585 N.W.2d 746 (Iowa 1998). · cites it 8× “DeShawn Mapp pled guilty to conspiracy to commit murder, Iowa Code §§ 706.1 and 707.1 (1995), and conspiracy to commit willful injury, Iowa Code §§ 706.”
State v. Casady, 597 N.W.2d 801 (Iowa 1999). · cites it 4× “While the State must show an overt act toward the accomplishment of the conspiracy, Iowa Code § 706.1 (3), it did not have to prove the completed act.”
State of Iowa v. Christopher D. Brown, 890 N.W.2d 315 (Iowa 2017). “The trial information added conspiracy to commit a nonforcible felony in violation of Iowa Code sections 706.1(l)(a) or (6), 706.3, and 703.”
State v. Killpack, 276 N.W.2d 368 (Iowa 1979). · cites it 4× “Killpack appeals his conviction and sentence under a plea-bargained plea of guilty to conspiracy to commit a forcible felony, to wit: robbery, in violation of section 706.1, Code Supp. 1977. We affirm.”
State v. Speicher, 625 N.W.2d 738 (Iowa 2001). · cites it 2× “Iowa Code section 706.1 defines the crime of conspiracy: 1.”
State v. Corsi, 686 N.W.2d 215 (Iowa 2004). · cites it 2× “” Iowa Code section 706.1 defines conspiracy as follows: 1.”
State v. Sample, 573 N.W.2d 187 (Wis. 1998). · cites it 2× “1998); Iowa Code Ann. § 706.1 (West. 1997); Mich.”
State v. Abrahamson, 746 N.W.2d 270 (Iowa 2008). · cites it 2× “We noted the defendant was charged with conspiracy under Iowa Code section 706.1; and that Iowa Code section 706.”
— Iowa Code § 706.1(1) — 5 cases
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). “Iowa Code § 706.1 (1). It is necessary for “at least one conspirator [to commit] an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.”
State of Iowa v. McCall D. Abrams (Iowa Ct. App. 2015).
— Iowa Code § 706.1(1)(a) — 5 cases
State v. Smyles (Iowa Ct. App. 2018).
State of Iowa v. Amanda Caye Dreier (Iowa Ct. App. 2019).
State of Iowa v. Amber Rene Wilson (Iowa Ct. App. 2023).
State of Iowa v. Amanda Marie Taylor (Iowa Ct. App. 2014).
— Iowa Code § 706.1(2) — 1 case
State of Iowa v. Jeremy Shaquan Dukes, 919 N.W.2d 767 (Iowa Ct. App. 2018).
— Iowa Code § 706.1(3) — 1 case
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). “Iowa Code § 706.1 (1). It is necessary for “at least one conspirator [to commit] an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.”
— Iowa Code § 706.1(4) — 1 case
State of Iowa v. Jeremy Shaquan Dukes, 919 N.W.2d 767 (Iowa Ct. App. 2018).
— Iowa Code § 706.1(a) — 2 cases
State of Iowa v. Damarcus B. N. (Iowa Ct. App. 2019).
State of Iowa v. Amanda Marie Taylor (Iowa Ct. App. 2014).
— Iowa Code § 706.1(b) — 1 case
State of Iowa v. Derek Morrison (Iowa Ct. App. 2019).
— Iowa Code § 706.1(l)(a) — 1 case
State of Iowa v. Christopher D. Brown, 890 N.W.2d 315 (Iowa 2017). “The trial information added conspiracy to commit a nonforcible felony in violation of Iowa Code sections 706.1(l)(a) or (6), 706.3, and 703.”
— Iowa Code § 706.1(l)(b) — 1 case
In Re Prop. Seized From Scott, 508 N.W.2d 653 (Iowa 1993).
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