Iowa Code » Chapter 706 — CONSPIRACY
Iowa Code

Iowa Code § 706.4 (2026)

Multiple convictions

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

A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy. A person may not be convicted and sentenced for both the conspiracy and for the public offense. [C79, 81, §706.4]

\n

Tue Dec 09 21:56:44 2025 Iowa Code 2026, Chapter 706 (17, 0)

\n
Notes of Decisions
Cited in 28 cases (5 in the last 5 years), 1980–2025 · leading case: State v. Waterbury, 307 N.W.2d 45 (Iowa 1981).
Sort: Relevance Newest Treatment
State v. Waterbury, 307 N.W.2d 45 (Iowa 1981). · cites it 10× “Validity of Joslyn’s sentence under section 706.4, The Code 1979. Joslyn appears to argue she was improperly sentenced under section 706.”
State v. Reed, 618 N.W.2d 327 (Iowa 2000). · cites it 8× “Had the legislature intended to prohibit cumulative punishments for indictable-offense convictions as part of the specified unlawful activity, we think it would have done so directly as it did for conspiracies in Iowa Code section 706.4. Section 706.4 expressly prohibits…”
State v. Cartee, 577 N.W.2d 649 (Iowa 1998). · cites it 18× “Claim of Merger Under Iowa Code § 706.4 . Prior to sentencing, Cartee moved in arrest of judgment citing Iowa Code section 706.”
State v. Lies, 566 N.W.2d 507 (Iowa 1997). · cites it 10× “” Iowa Code § 706.4 . Therefore, even though defendant could not be convicted and sentenced for both second-degree burglary and conspiracy to commit burglary, we find that these are separate offenses for charging purposes.”
State v. Moritz, 293 N.W.2d 235 (Iowa 1980). · cites it 6× “Although Moritz cites no case authority in support of that theory, he quotes section 706.4 of the current Iowa Criminal Code which provides that “[a] person may not be convicted and sentenced for both the conspiracy and for the public offense.”
State v. Smith, 476 N.W.2d 86 (Iowa Ct. App. 1991). · cites it 8× “A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy.”
State v. Abrahamson, 746 N.W.2d 270 (Iowa 2008). · cites it 2× “We concluded on appellate review the defendant’s right to a speedy indictment was not violated because conspiracy to commit burglary was not the same offense as the burglary for which the defendant was arrested.”
State v. Butler, 415 N.W.2d 634 (Iowa 1987). · cites it 4× “Defendant’s contention presents an issue of legislative intent: Did the legislature, in enacting separate burglary and possession of burglar’s tools statutes, intend that persons be punished for both? Relying on his merger theory, defendant disputes a legislative intent which…”
State v. Williams, 305 N.W.2d 428 (Iowa 1981). · cites it 2× “Therefore, section 706.4, The Code 1979 (“[a] person may not be convicted and sentenced for both the conspiracy and for the public offense”), is inapplicable.”
State v. Mills, 458 N.W.2d 395 (Iowa Ct. App. 1990). · cites it 2× “Pursuant to Iowa Code section 706.4, the trial court declined to enter a conviction or sentence on the crime of conspiracy.”
State v. Thompson, 397 N.W.2d 679 (Iowa 1986). · cites it 2× “See Iowa Code § 706.4 (1983). Also for purposes of sentencing, the district court found defendant to be an habitual offender as a result of previous felony convictions.”
State v. Terry, 569 N.W.2d 364 (Iowa 1997). “§ 706.4 (prohibiting sentence *366 and conviction for both conspiracy and the underlying public offense).”
Show all 28 citing cases →
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.