1. As used in this section, “officer” means peace officer as defined in section 724.2A or a
correctional officer.
2. A person who knowingly or intentionally removes or attempts to remove a
communication device or any device used for control from the possession of an officer, when
the officer is in the performance of any act which is within the scope of the lawful duty or
authority of that officer and the person knew or should have known the individual to be an
officer, commits the offense of removal of an officer’s communication or control device.
3. a. A person who removes or attempts to remove an officer’s communication or control
device is guilty of a simple misdemeanor.
b. A person who knowingly or intentionally removes or attempts to remove a
communication or control device from the possession of an officer with the intent to interfere
with the communications or duties of the officer, is guilty of a serious misdemeanor.
c. If a violation of paragraph “a” results in bodily injury to the officer the person is guilty
of a serious misdemeanor.
d. If a violation of paragraph “a” results in serious injury to the officer the person is guilty
of an aggravated misdemeanor.
e. If a violation of paragraph “a” occurs and the person knowingly or intentionally causes
bodily injury to the officer the person is guilty of an aggravated misdemeanor.
f. If a violation of paragraph “a” occurs and the person knowingly or intentionally causes
serious injury to the officer the person is guilty of a class “D” felony.
2013 Acts, ch 52, §2
Referred to in §702.11, 901C.3
\n
Notes of Decisions
Cited in
4
cases, 2001–2011 · leading case:
State v. Wiederien, 709 N.W.2d 538 (Iowa 2006).
State v. Wiederien, 709 N.W.2d 538 (Iowa 2006).
· cites it 90× “Iowa Code § 708.12 (1)-(2). "`[L]ack of authority to hear [a] particular case,'" also referred to as "lack of jurisdiction of the case," occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason.”
State v. Manser, 626 N.W.2d 872 (Iowa Ct. App. 2001).
· cites it 6× “Violation of a harassment no contact order is not regulated by Chapter 236, but is governed by Iowa Code § 708.12 . That section clearly ' states any violation of such a no contact order is punishable by a summaxy contempt proceeding, which is quasi-criminal in nature.”
State Of Iowa, Vs. Mary Jane Wiederien (Iowa 2006).
· cites it 33× “Iowa Code § 708.12 (1)-(2). “ ‘[L]ack of authority to hear [a] particular case,’ ” also referred to as “lack of jurisdiction of the case,” occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason.”
— Iowa Code § 708.12(1) — 2 cases
State v. Wiederien, 709 N.W.2d 538 (Iowa 2006).
“Iowa Code § 708.12 (1)-(2). "`[L]ack of authority to hear [a] particular case,'" also referred to as "lack of jurisdiction of the case," occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason.”
State Of Iowa, Vs. Mary Jane Wiederien (Iowa 2006).
“Iowa Code § 708.12 (1)-(2). “ ‘[L]ack of authority to hear [a] particular case,’ ” also referred to as “lack of jurisdiction of the case,” occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason.”
— Iowa Code § 708.12(2) — 3 cases
State v. Wiederien, 709 N.W.2d 538 (Iowa 2006).
“Iowa Code § 708.12 (1)-(2). "`[L]ack of authority to hear [a] particular case,'" also referred to as "lack of jurisdiction of the case," occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason.”
State Of Iowa, Vs. Mary Jane Wiederien (Iowa 2006).
“Iowa Code § 708.12 (1)-(2). “ ‘[L]ack of authority to hear [a] particular case,’ ” also referred to as “lack of jurisdiction of the case,” occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason.”
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.