Iowa Code
Iowa Code § 709.1A (2026)
Incapacitation
✓ Iowa Code 2026 (laws through the 2025 session)
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As used in this chapter, “incapacitated” means a person is disabled or deprived of ability, as follows:
1. “Mentally incapacitated” means that a person is temporarily incapable of apprising or controlling the person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
2. “Physically helpless” means that a person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.
3. “Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee. 99 Acts, ch 159, §2\n\nTue Dec 09 21:56:35 2025 Iowa Code 2026, Chapter 709 (44, 1) §709.2, SEXUAL ABUSE 2 \n
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 2015–2025 · leading case: State of Iowa v. Deantay Darelle Williams, 957 N.W.2d 330 (Iowa Ct. App. 2021).
State of Iowa v. Deantay Darelle Williams, 957 N.W.2d 330 (Iowa Ct. App. 2021). “Challenging the jury’s verdicts, Williams claims the State presented insufficient proof the two fifteen-year-old witnesses were incapacitated under Iowa Code section 709.1A (2012). Williams also alleges various errors or omissions by his trial attorney and the sentencing judge.”
State of Iowa v. Luis Rodriguez, No. 14-0424 (Iowa Ct. App. July 9, 2015). “§ 709.1A(1). It is this definition of mental incapacitation which Rodriguez claims is unconstitutional.”
State of Iowa v. Manuel Allen Silva Jr, 918 N.W.2d 503 (Iowa Ct. App. 2018). “4 Iowa Code section 709.1A(1) defines "mentally incapacitated" to mean "that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.”
A.N. v. J.G., No. 19-0634 (Iowa Ct. App. Apr. 29, 2020). “She eventually went 1 Although the evidence establishes both parties were intoxicated, there is insufficient evidence to conclude either party was incapacitated to the point of being unable to give consent or otherwise control the party’s conduct, or was “mentally incapacitated”…”
Randy Lavern Lee v. State of Iowa, No. 24-1041 (Iowa Ct. App. July 23, 2025). “§ 709.1A(1), and “physically helpless” if “unable to communicate an unwillingness to act because the person is unconscious, asleep, or otherwise physically limited,” see id.”
State of Iowa v. Tomas Tovar, No. 16-1440 (Iowa Ct. App. Nov. 21, 2018). “§ 709.1A(3) (“Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.”
T.D. v. J.P., 947 N.W.2d 417 (Iowa Ct. App. 2020). “§ 709.1A. More broadly, incapacitation includes the state of being “physically helpless” which encompasses a person who is asleep.”
State of Iowa v. Gregory Cecil Hettmann, 991 N.W.2d 178 (Iowa Ct. App. 2023). “at § 709.1A(1). Hettmann’s conviction arises from events that occurred after K.”
Iowa Code § 709.1A(1): 4 cases
State of Iowa v. Luis Rodriguez, No. 14-0424 (Iowa Ct. App. July 9, 2015). “§ 709.1A(1). It is this definition of mental incapacitation which Rodriguez claims is unconstitutional.”
State of Iowa v. Manuel Allen Silva Jr, 918 N.W.2d 503 (Iowa Ct. App. 2018). “4 Iowa Code section 709.1A(1) defines "mentally incapacitated" to mean "that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.”
State of Iowa v. Gregory Cecil Hettmann, 991 N.W.2d 178 (Iowa Ct. App. 2023). “at § 709.1A(1). Hettmann’s conviction arises from events that occurred after K.”
Randy Lavern Lee v. State of Iowa, No. 24-1041 (Iowa Ct. App. July 23, 2025). “§ 709.1A(1), and “physically helpless” if “unable to communicate an unwillingness to act because the person is unconscious, asleep, or otherwise physically limited,” see id.”
Iowa Code § 709.1A(2): 3 cases
State of Iowa v. Manuel Allen Silva Jr, 918 N.W.2d 503 (Iowa Ct. App. 2018). “4 Iowa Code section 709.1A(1) defines "mentally incapacitated" to mean "that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.”
State of Iowa v. Deantay Darelle Williams, 957 N.W.2d 330 (Iowa Ct. App. 2021). “Challenging the jury’s verdicts, Williams claims the State presented insufficient proof the two fifteen-year-old witnesses were incapacitated under Iowa Code section 709.1A (2012). Williams also alleges various errors or omissions by his trial attorney and the sentencing judge.”
Randy Lavern Lee v. State of Iowa, No. 24-1041 (Iowa Ct. App. July 23, 2025). “§ 709.1A(1), and “physically helpless” if “unable to communicate an unwillingness to act because the person is unconscious, asleep, or otherwise physically limited,” see id.”
Iowa Code § 709.1A(3): 1 case
State of Iowa v. Tomas Tovar, No. 16-1440 (Iowa Ct. App. Nov. 21, 2018). “§ 709.1A(3) (“Physically incapacitated” means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.”
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