1. Causing a fire or explosion, or placing any burning or combustible material, or any
incendiary or explosive device or material, in or near any property with the intent to destroy
or damage such property, or with the knowledge that such property will probably be destroyed
or damaged, is arson, whether or not any such property is actually destroyed or damaged.
Provided, that where a person who owns said property which the defendant intends to destroy
or damage, or which the defendant knowingly endangers, consented to the defendant’s acts,
and where no insurer has been exposed fraudulently to any risk, and where the act was done
in such a way as not to unreasonably endanger the life or property of any other person the
act shall not be arson.
2. Causing a fire or explosion that damages or destroys property while manufacturing or
attempting to manufacture a controlled substance in violation of section 124.401 is arson.
Even if a person who owns property which the defendant intends to destroy or damage, or
which the defendant knowingly endangers, consents to the defendant’s act, and even if an
insurer has not been exposed fraudulently to any risk, and even if the act was done in such
a way as not to unreasonably endanger the life or property of any person, the act constitutes
arson.
[C51, §2598 – 2603; R60, §4222 – 4227; C73, §3880 – 3885; C97, §4776 – 4781, 4795, 4798;
C24, §12963, 12964, 12984 – 12989; C27, 31, 35, §12963, 12964, 12991-b1 – b3, -b5; C39,
§12963, 12964, 12991.1 – 12991.3, 12991.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §697.3,
697.4, 707.1 – 707.3, 707.5; C79, 81, §712.1]
2004 Acts, ch 1125, §13
\n
Notes of Decisions
Cited in
83
cases (
7 in the last 5 years), 1957–2026 · leading case:
State v. Opperman, 826 N.W.2d 131 (Iowa Ct. App. 2012).
State v. Opperman, 826 N.W.2d 131 (Iowa Ct. App. 2012).
· cites it 23× “The defendant, Paul Justin Opperman, appeals the judgment and sentence entered following a trial on the minutes of testimony and a verdict of guilty on the charge of arson in the second degree, a class C felony, in violation of Iowa Code sections 712.1 and 712.3 (2011). He…”
State of Iowa v. Jeffrey Alan Soboroff, 798 N.W.2d 1 (Iowa 2011).
· cites it 4× “8 should be limited to items that might be used to commit the crime of arson as defined in section 712.1. He urges that “destructive substance” should be construed as something similar to “incendiary or explosive” material as referenced in the first part of section 712.”
State v. Bakker, 262 N.W.2d 538 (Iowa 1978).
· cites it 5× “From judgment sentencing him to pay a $100 fine and to serve six months in the county jail, he appeals. We affirm. At trial the evidence supporting the guilty verdict disclosed that in May, 1975, John Kuiper of Lyon County suspected his beehives had "foulbrood" disease.”
State v. Hochmuth, 127 N.W.2d 658 (Iowa 1964).
· cites it 10× “— Defendant has appealed from conviction of receiving stolen goods of a value in excess of $20, in violation of section 712.1, Code, 1962. His sole complaint is that the jury was erroneously instructed to convict if it found defendant “bought, received, or aided in concealing”…”
Michelle Postell v. Am. Fam. Mut. Ins. Co., 823 N.W.2d 35 (Iowa 2012).
· cites it 2× “Iowa Code § 712.1 (2009). 5 . Our prior cases dealt specifically with intentional injury exclusions, which prohibit coverage for acts causing personal injury.”
State v. Upton, 167 N.W.2d 625 (Iowa 1969).
· cites it 12× “Section 712.1, Code of Iowa, provides in pertinent part as follows: “If any person buy, receive, or aid in concealing any * * * property the stealing of which is larceny * * * knowing the same to have been so obtained, he shall,- * * * be imprisoned in the penitentiary not more…”
State v. Royer, 436 N.W.2d 637 (Iowa 1989).
· cites it 5× “The State argues that the legal test is not met in this situation because it is possible to “cause” a fire (required in section 712.1 for arson) without “using” fire (specified in section 712.”
State v. Dykers, 239 N.W.2d 855 (Iowa 1976).
· cites it 8× “, was charged by county attorney's information with the crime of buying, receiving or aiding in the concealing of stolen property valued in excess of $20 in violation of § 712.1, The Code. Following jury verdict of guilty, trial court sentenced defendant to an indeterminate…”
State v. Sheffey, 234 N.W.2d 92 (Iowa 1975).
· cites it 7× “Defendant was charged by county attorney’s information with receiving stolen property valued at more than twenty dollars in violation of § 712.1, The Code. Following jury trial and conviction, judgment was entered sentencing him to an indeterminate prison term not to exceed five…”
State v. Ceaser, 585 N.W.2d 192 (Iowa 1998).
· cites it 2× “§§ 712.1, .2. A person commits burglary in the first degree when, again in general terms, the person enters an occupied structure with the intent to commit a felony, assault, or theft therein and "one or more persons are present [in the structure], the person has possession of…”
State v. Hackett, 201 N.W.2d 487 (Iowa 1972).
· cites it 8× “Defendant appeals following plea of guilty and sentence for receiving stolen property, worth over $20, in violation of Code section 712.1. His only assignéd error is: “Defendant’s guilty plea was improperly accepted because, on the record made, the trial court did not…”
— Iowa Code § 712.1(1) — 6 cases
— Iowa Code § 712.1(2) — 1 case
State v. Opperman, 826 N.W.2d 131 (Iowa Ct. App. 2012).
“The defendant, Paul Justin Opperman, appeals the judgment and sentence entered following a trial on the minutes of testimony and a verdict of guilty on the charge of arson in the second degree, a class C felony, in violation of Iowa Code sections 712.1 and 712.3 (2011). He…”
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.