Iowa Code » Chapter 708 — ASSAULT
Iowa Code

Iowa Code § 708.3 (2026)

Assault while participating in a felony

✓ current as of July 2026
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Any person who commits an assault as defined in section 708.1 while participating in a felony other than a sexual abuse is guilty of:

1. A class “C” felony if the person thereby causes serious injury to any person.

2. A class “D” felony if no serious injury results. [C51, §2592, 2593, 2595; R60, §4215, 4216, 4218; C73, §3873, 3874, 3876; C97, §4769, 4770, 4772; C24, 27, 31, 35, 39, §12933, 12935, 12968; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §694.5, 694.7, 698.4; C79, 81, §708.3; 81 Acts, ch 204, §4] 2013 Acts, ch 90, §227 Referred to in §80A.4 \n

Notes of Decisions
Cited in 59 cases (5 in the last 5 years), 1951–2024 · leading case: State v. Johnson, 291 N.W.2d 6 (Iowa 1980).
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State v. Johnson, 291 N.W.2d 6 (Iowa 1980). · cites it 20× “The first and crucial issue is whether assault while participating in a felony, a violation of section 708.3, Supplement to the Code 1977, is legally a lesser included offense of the crime of sexual abuse in the third degree, as defined by section 709.”
State v. Perez, 563 N.W.2d 625 (Iowa 1997). · cites it 16× “See Iowa Code §§ 708.3 , 708.4. If, as Perez argues, merger is required, then the express legislative will to punish two separate class *629 “C” felonies could not be fulfilled.”
State v. Finnel, 515 N.W.2d 41 (Iowa 1994). · cites it 9× “§ 708.3. We find, as the trial court did, that serious assault includes an element of bodily injury not required for assault while participating in a felony.”
State of Iowa v. Christopher Clay McNeal, 897 N.W.2d 697 (Iowa 2017). · cites it 2× “§ 708.3(1), and assault with a dangerous weapon, see id.”
State v. Ceaser, 585 N.W.2d 192 (Iowa 1998). · cites it 6× “§ 708.3 (assault while participating in a felony), id.”
State v. Hickman, 623 N.W.2d 847 (Iowa 2001). · cites it 2× “4 (count III), and assault while participating in a felony under section 708.3 (count IV). A jury found him guilty of first-degree robbery and willful injury.”
State v. Iowa Dist. Court for Shelby Cnty., 308 N.W.2d 27 (Iowa 1981). · cites it 4× “Following events not relevant here, a plea bargain was struck, and Petersen pled guilty to assault while participating in a felony in violation of section 708.3, The Code, and kidnapping in the third degree in violation of section 710.”
State v. Billings, 242 N.W.2d 726 (Iowa 1976). · cites it 6× “He contends the trial court erred (1) in overruling his pretrial motion to suppress evidence, (2) in allowing a witness to express an opinion on an issue of law, (3) in providing the jury an incorrect definition of nighttime, and (4) in refusing to instruct on breaking and…”
State v. Daniels, 588 N.W.2d 682 (Iowa 1998). · cites it 4× “3 (1995), and assault while participating in a felony, see Iowa Code § 708.3 . He complains he has been punished twice for the same offense, in violation of the Double Jeopardy Clause of the United States Constitution and Iowa's merger statute.”
State v. Sunclades, 305 N.W.2d 491 (Iowa 1981). · cites it 3× “1977, and assault while participating in a felony in violation of section 708.3, The Code Supp.1977. The relevant facts are undisputed.”
Schreiber v. State, 666 N.W.2d 127 (Iowa 2003). · cites it 2× “Assault while participating in a felony in violation of section 708.3. g. Burglary in the first degree in violation of section 713.”
State v. Peterson, 327 N.W.2d 735 (Iowa 1982). · cites it 4× “Defendant pled guilty to assault while participating in a felony, a class "D" felony in violation of Iowa Code section 708.3 (1979). No prison sentence was imposed; trial court sentenced defendant to pay a fine of $1000 as the only sanction for the offense.”
Show all 59 citing cases →
— Iowa Code § 708.3(1) — 4 cases
State of Iowa v. Christopher Clay McNeal, 897 N.W.2d 697 (Iowa 2017). “§ 708.3(1), and assault with a dangerous weapon, see id.”
State of Iowa v. Joseph Allen Bloom (Iowa 2022).
Amended September 1, 2017 State of Iowa v. Christopher Clay McNeal (Iowa 2017).
State of Iowa v. Trenton D. Shelton (Iowa Ct. App. 2018).
— Iowa Code § 708.3(2) — 1 case
State of Iowa v. Brett Roelandt (Iowa Ct. App. 2017).
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