1. A person commits child stealing when, knowing that the person has no authority to do so, the person forcibly or fraudulently takes, decoys, or entices away any child with intent to detain or conceal such child from its parents or guardian, or other persons or institution having the lawful custody of such child, unless the person is a relative of such child, and the person’s sole purpose is to assume custody of such child.
2. Child stealing is a class “C” felony.
3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [S13, §254-a46; C24, 27, 31, 35, 39, §12982; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §706.2; C79, 81, §710.5] 2009 Acts, ch 119, §58; 2013 Acts, ch 90, §186 Referred to in §692A.102, 692A.126 \n
Notes of Decisions
Cited in
12
cases, 1952–2019 · leading case:
Wood v. Wood, 338 N.W.2d 123 (Iowa 1983).
Wood v. Wood, 338 N.W.2d 123 (Iowa 1983).
· cites it 4× “Iowa Code §§ 710.5 , .6 (1983); 18 U.S.C.”
State v. Welsh, 245 N.W.2d 290 (Iowa 1976).
· cites it 7× “4, The Code) as opposed to an employee or agent who must be charged under § 710.5, The Code, or (b) to show he appropriated the missing money to his own use, (2) in overruling objections to admission of the daily report copies, spread sheets, and bank statement, and (3) in…”
Sergeant v. Watson Bros. Transp. Co., 52 N.W.2d 86 (Iowa 1952).
· cites it 2× “If any # * * agent * * * of any corporation *! * * embezzles or fraudulently converts to his own use, or takes and secretes with intent to embezzle or convert to his own use, without the consent of his employer, master, or the owner of the money or property collected or…”
State v. Krivolavy, 258 N.W.2d 157 (Iowa 1977).
· cites it 2× “Defendant entered a guilty plea to a charge of embezzlement by agent in violation of § 710.5, The Code, 1975. He was *158 sentenced to serve a term of not more than five years in the penitentiary and fined $3,621.”
Comm. on Prof'l Ethics & Conduct of the Iowa State Bar Ass'n v. Hanson, 244 N.W.2d 822 (Iowa 1976).
“Conversion of partnership funds is a felony under § 710.5, The Code. Respondent possessed marijuana and converted partnership funds; if he had received the drug he thought he was buying, he would also have possessed amphetamines with intent to deliver them.”
State v. Williams, 179 N.W.2d 756 (Iowa 1970).
“(Now § 710.5, at that time § 710.3, embezzlement by bailee had not been enacted.”
State v. Summers, 219 N.W.2d 26 (Iowa 1974).
· cites it 2× “PER CURIAM: Defendant appeals judgment on guilty plea to the crime of embezzlement in violation of Code section 710.5. He asserts, (1) the county attorney’s statements concerning his arrest for another offense during the presentence investigation period constituted reversible…”
State v. Hollingsworth, 81 N.W.2d 27 (Iowa 1957).
· cites it 6× “The statute called “Embezzlement by agents” (section 710.5, Iowa Code, 1954) under which defendant was indicted and convicted, is long and somewhat involved in its language.”
State v. Quinn, 64 N.W.2d 323 (Iowa 1954).
“, which employs the phrase "the property of another", and the embezzlement statutes, Chapter 710, Code 1950, I.C.A., which use such terms as "belonging to another," "property of another" or "which is partly the property of another and partly the property of such * * * person".”
Adrian Darius Wilson v. Chelsea Rae Jacques (Iowa Ct. App. 2019).
· cites it 2× “” The district court further determined: Chelsea accuses Adrian of the crime of child stealing in violation of Iowa Code section 710.5. Adrian has never been arrested and charged with child stealing.”
State of Iowa v. Jonathan Lindsey Workman (Iowa Ct. App. 2014).
· cites it 2× “Background Facts and Proceedings Johnathan Workman pled guilty to one count of child stealing, in violation of Iowa Code section 710.5 (2013), after he attempted to leave a bar with a person’s small child.”
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