In this chapter, unless the context otherwise requires:
1. “Criminal network” means any combination of persons engaging, for financial gain
on a continuing basis, in conduct which is an indictable offense under the laws of this state
regardless of whether such conduct is charged or indicted. As used in this subsection,
persons combine if they collaborate or act in concert in carrying on or furthering the activities
or purposes of a network even though such persons may not know each other’s identity,
membership in the network changes from time to time, or one or more members of the
network stand in a wholesaler-retailer, service provider, or other arm’s length relationship
with others as to conduct in the furtherance of the financial goals of the network.
2. “Enterprise” includes any sole proprietorship, partnership, corporation, trust, or other
legal entity, or any unchartered union, association, or group of persons associated in fact
although not a legal entity, and includes unlawful as well as lawful enterprises.
3. “Proceeds” means property acquired or derived directly or indirectly from, produced
through, realized through, or caused by an act or omission and includes any property of any
kind.
4. “Property” means anything of value, and includes any interest in property, including any
benefit, privilege, claim, or right with respect to anything of value, whether real or personal,
tangible or intangible, without reduction for expenses incurred for acquisition, maintenance,
production, or any other purpose.
5. “Specified unlawful activity” means any act, including any preparatory or completed
offense, committed for financial gain on a continuing basis, that is punishable as an indictable
offense under the laws of the state in which it occurred and under the laws of this state.
96 Acts, ch 1133, §26
Referred to in §706A.2
\n
Notes of Decisions
Cited in
24
cases (
6 in the last 5 years), 2000–2025 · leading case:
State v. Reed, 618 N.W.2d 327 (Iowa 2000).
State v. Reed, 618 N.W.2d 327 (Iowa 2000).
· cites it 72× “2(4) provides that "[i]t is unlawful for a person to commit specified unlawful activity as defined in section 706A.1." Iowa Code section 706A.1(5) defines "specified unlawful activity" to mean "any act, including any preparatory or completed offense, committed for financial gain…”
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007).
· cites it 16× “Iowa Code § 706A.1. Insofar as Plaintiffs allege Defendants engaged in ongoing criminal conduct through “specified unlawful activity,” they identify the following offenses: theft by deception, in violation of Iowa Code section 714.”
State v. Banes, 910 N.W.2d 634 (Iowa Ct. App. 2018).
· cites it 6× “" The Code defines "specified unlawful activity" as "any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable as an indictable offense under the laws of the state in which it occurred and under the laws of…”
Westco Agronomy Co. v. Wollesen, 909 N.W.2d 212 (Iowa 2017).
· cites it 2× “Iowa Code § 706A.1(5). As we have previously noted, this broad definition represents a significant expansion of the model act's intended scope.”
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
· cites it 2× “Accordingly, Dohlman failed to prove he did not commit the offenses of homicide by vehicle under section 706A.1 and serious injury by vehicle under section 706A.”
State v. Olsen, 618 N.W.2d 346 (Iowa 2000).
· cites it 6× “§ 706A.1. Although similar in scope and design, there is one critical distinction between the model act and Iowa’s ongoing criminal conduct statute.”
State v. Loye, 670 N.W.2d 141 (Iowa 2003).
“Another trial information subsequently filed charged Loye with six additional counts of third-degree burglary, another count of possession of burglar’s tools, and a count of ongoing criminal conduct in violation of Iowa Code sections 706A.1, 706A.2(4), and 706A.4. On June 21,…”
Walker Mfg., Inc. v. Hoffmann, Inc., 220 F. Supp. 2d 1024 (N.D. Iowa 2002).
· cites it 2× “the Iowa Ongoing Criminal Conduct Code of 1997 (“IOCCC”), Iowa Code § 706A.1 et seq., specifically Iowa Code § 706A.”
Walker Mfg., Inc. v. Hoffmann, Inc., 157 F. Supp. 2d 1012 (N.D. Iowa 2001).
“is a reasonable one for ‘continuing basis’- in section § 706A.1(5) [defining ‘specified unlawful activity’].”
State of Iowa v. Andrew Rudolph Wulf (Iowa Ct. App. 2019).
· cites it 6× “2(4), which provides, “It is unlawful for a person to commit specified unlawful activity as defined in section 706A.1.” Section 706A.1(5) defines “Specified unlawful activity,” as “any act, including any preparatory or completed offense, committed for financial gain on a…”
State of Iowa v. Edwin J. Goodwin, Jr. (Iowa Ct. App. 2020).
· cites it 6× “Goodwin challenges the sufficiency of the evidence supporting his conviction for ongoing criminal conduct through specified unlawful activity, maintaining the State did not establish the robberies were on a “continuing basis.”
— Iowa Code § 706A.1(1) — 3 cases
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007).
“Iowa Code § 706A.1. Insofar as Plaintiffs allege Defendants engaged in ongoing criminal conduct through “specified unlawful activity,” they identify the following offenses: theft by deception, in violation of Iowa Code section 714.”
State v. Reed, 618 N.W.2d 327 (Iowa 2000).
“2(4) provides that "[i]t is unlawful for a person to commit specified unlawful activity as defined in section 706A.1." Iowa Code section 706A.1(5) defines "specified unlawful activity" to mean "any act, including any preparatory or completed offense, committed for financial gain…”
State v. Olsen, 618 N.W.2d 346 (Iowa 2000).
“§ 706A.1. Although similar in scope and design, there is one critical distinction between the model act and Iowa’s ongoing criminal conduct statute.”
— Iowa Code § 706A.1(2) — 1 case
— Iowa Code § 706A.1(5) — 16 cases
State v. Reed, 618 N.W.2d 327 (Iowa 2000).
“2(4) provides that "[i]t is unlawful for a person to commit specified unlawful activity as defined in section 706A.1." Iowa Code section 706A.1(5) defines "specified unlawful activity" to mean "any act, including any preparatory or completed offense, committed for financial gain…”
State v. Banes, 910 N.W.2d 634 (Iowa Ct. App. 2018).
“" The Code defines "specified unlawful activity" as "any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable as an indictable offense under the laws of the state in which it occurred and under the laws of…”
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007).
“Iowa Code § 706A.1. Insofar as Plaintiffs allege Defendants engaged in ongoing criminal conduct through “specified unlawful activity,” they identify the following offenses: theft by deception, in violation of Iowa Code section 714.”
Westco Agronomy Co. v. Wollesen, 909 N.W.2d 212 (Iowa 2017).
“Iowa Code § 706A.1(5). As we have previously noted, this broad definition represents a significant expansion of the model act's intended scope.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.