Iowa Code

Iowa Code § 714.1 (2026)

Theft defined

✓ current as of July 2026

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A person commits theft when the person does any of the following: 1. Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof. 2. Misappropriates property which the person has in trust, or property of another which the person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property, or conceals found property, or appropriates such property to the person’s own use, when the owner of such property is known to the person. a. Failure by a bailee or lessee of personal property to return the property within seventy-two hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation. b. If a time is not specified in the written agreement of lease or bailment for the expiration or termination of the lease or bailment or for the return of the personal property, failure by a lessee or bailee to return the property within five days after proper notice to the lessee or bailee shall be evidence of misappropriation. For the purposes of this paragraph, “proper

Tue Dec 09 21:56:23 2025 Iowa Code 2026, Chapter 714 (49, 2) §714.1, THEFT, FRAUD, AND RELATED OFFENSES 2\n\nnotice” means a written notice of the expiration or termination of the lease or bailment agreement sent to the lessee or bailee by certified or restricted certified mail at the address of the lessee or bailee specified in the agreement. The notice shall be considered effective on the date of the mailing of the notice regardless of whether or not the lessee or bailee signs a receipt for the notice. 3. Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception. Where compensation for goods and services is ordinarily paid immediately upon the obtaining of such goods or the rendering of such services, the refusal to pay or leaving the premises without payment or offer to pay or without having obtained from the owner or operator the right to pay subsequent to leaving the premises gives rise to an inference that the goods or services were obtained by deception. 4. Exercises control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen, unless the person’s purpose is to promptly restore it to the owner or to deliver it to an appropriate public officer. The fact that the person is found in possession of property which has been stolen from two or more persons on separate occasions, or that the person is a dealer or other person familiar with the value of such property and has acquired it for a consideration which is far below its reasonable value, or that the person violated section 714.27A in a transaction involving the property, shall be evidence from which the court or jury may infer that the person knew or believed that the property had been stolen. 5. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party. 6. Makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person, or corporation, and obtains property, the use of property, including rental property, or service in exchange for such instrument, if the person knows that such check, share draft, draft, or written order will not be paid when presented. a. Whenever the drawee of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon within ten days of the maker’s receipt of notice from the holder that payment has been refused by the drawee, the court or jury may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail, or by personal service in the manner prescribed for serving original notices. b. Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court or jury may infer from such fact that the maker knew that the instrument would not be paid on presentation. 7. Obtains gas, electricity or water from a public utility or obtains cable television or telephone service from an unauthorized connection to the supply or service line or by intentionally altering, adjusting, removing or tampering with the metering or service device so as to cause inaccurate readings. 8. Knowingly and without authorization accesses or causes to be accessed a computer, computer system, or computer network, or any part thereof, for the purpose of obtaining computer services, information, or property or knowingly and without authorization and with the intent to permanently deprive the owner of possession, takes, transfers, conceals, or retains possession of a computer, computer system, or computer network or any computer software or computer program, or computer data contained in a computer, computer system, or computer network. 9. a. Obtains the temporary use of video rental property or equipment rental property with the intent to deprive the owner of the use and possession of the video rental property or equipment rental property without the consent of the owner. b. Lawfully obtains the temporary use of video rental property or equipment rental property and fails to return the video rental property or equipment rental property by the agreed time with the intent to deprive the owner of the use and possession of the video rental property or equipment rental property without the consent of the owner. The aggregate value of the video rental property or equipment rental property involved shall be the original retail value of the video rental property or equipment rental property.

Tue Dec 09 21:56:23 2025 Iowa Code 2026, Chapter 714 (49, 2) 3 THEFT, FRAUD, AND RELATED OFFENSES, §714.2A\n\n 10. Any act that is declared to be theft by any provision of the Code. [C51, §2612, 2615 – 2618, 2620, 2621; R60, §806, 807, 4236, 4237, 4240 – 4243, 4245, 4246, 4251; C73, §3895, 3902, 3905 – 3911, 3915; C97, §4831, 4837 – 4842, 4844, 4845, 4850, 4852, 5076; S13, §4850, 4852-c, -d, -e; C24, §13005, 13010, 13014 – 13016, 13018, 13027, 13030, 13031, 13035 – 13037, 13042, 13046 – 13048, 13052; C27, 31, 35, §13005, 13010, 13014 – 13016, 13018, 13027, 13030, 13031, 13034 – a1 – 13037, 13042, 13046 – 13048, 13052; C39, §13005, 13010, 13014 – 13016, 13018, 13027, 13030, 13031, 13034.1 – 13037, 13042, 13046 – 13048, 13052; C46, 50, 54, 58, §709.1, 709.6 – 709.9, 709.11, 710.1, 710.4, 710.5, 710.9 – 710.12, 712.1, 713.2 – 713.4, 713.7; C62, 66, §709.1, 709.6 – 709.9, 709.11, 709.20, 710.1, 710.4, 710.5, 710.9 – 710.12, 712.1, 713.2 – 713.4, 713.7; C71, 73, 75, 77, §709.1, 709.6 – 709.9, 709.11, 709.20, 709.25, 710.1, 710.4, 710.5, 710.9 – 710.12, 710.14, 712.1, 713.2 – 713.4, 713.7; C79, 81, §714.1] 85 Acts, ch 164, §1; 89 Acts, ch 170, §1; 97 Acts, ch 167, §1; 2000 Acts, ch 1201, §9; 2005 Acts, ch 84, §1; 2013 Acts, ch 30, §206; 2017 Acts, ch 89, §1; 2022 Acts, ch 1092, §1 Referred to in §702.1A, 714.2B, 714.6A Computer terminology, see §702.1A

Notes of Decisions

Cited in 439 cases (76 in the last 5 years), 1957–2026 · leading case: State of Iowa v. Betty Ann Nall, 894 N.W.2d 514 (Iowa 2017).

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State of Iowa v. Betty Ann Nall, 894 N.W.2d 514 (Iowa 2017). · cites it 79× “, Iowa Code § 714.1 (3) (“Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception.”

Eggman v. Scurr, 311 N.W.2d 77 (Iowa 1981). · cites it 55× “Other subsections of section 714.1 on theft committed by other means also require varying degrees of intent: 714.”

State of Iowa v. Randy Mitchell Copenhaver, 844 N.W.2d 442 (Iowa 2014). · cites it 22× “” Iowa Code § 714.1 . Each teller had possession of a bank drawer.”

Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018). · cites it 8× “1(6) (theft by check), but not under section 714.1(1).”). Neither of these scenarios calls for the drastic change in the law that the majority has announced today.”

State v. Schminkey, 597 N.W.2d 785 (Iowa 1999). · cites it 20× “§§ 714.1, .2(2). See generally North Carolina v.”

State v. Hogrefe, 557 N.W.2d 871 (Iowa 1996). · cites it 27× “See Iowa Code §§ 714.1 (3), 714.2(1), and 714.”

State v. Gates, 306 N.W.2d 720 (Iowa 1981). · cites it 32× “He raises two questions: (1) whether trial court erred in instructing the jury with respect to the presumption of misappropriation created by subsection 714.1(2), Supplement to the Code 1977; and (2) whether he was effectively denied an opportunity for pretrial discovery.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Matthew L. Noel, 923 N.W.2d 575 (Iowa 2019). · cites it 12× “The state subsequently filed a trial information against Noel, charging him with second-degree theft, a class “D” felony, in violation of Iowa Code sections 714.1(3), 714.2(2), and 714.3 (2013).”

Iowa Supreme Court Attorney Disciplinary Bd. v. Eric Kenyatta Parrish, 925 N.W.2d 163 (Iowa 2019). · cites it 10× “50 received from Ware for his own personal use without a colorable future claim in violation of Iowa Code section 714.1(2) (2016) (prohibiting misappropriation of property held in trust) and section 714.”

State v. Fluhr, 287 N.W.2d 857 (Iowa 1980). · cites it 14× “As to the nature of the charge, the form stated that defendant had received a copy of the trial information, with minutes of testimony attached, in which he was charged with theft under section 714.1(1), Supplement to the Code 1977, and that he had discussed the information with…”

State v. Burgess, 639 N.W.2d 564 (Iowa 2001). · cites it 10× “Iowa Code §§ 714.1 (3), 714.2(2) (1993). She contends the charge of theft by deception violated the applicable statute of limitations and her right to a speedy trial.”

State v. Ross, 573 N.W.2d 906 (Iowa 1998). · cites it 12× “See Iowa Code § 714.1 (3). Instruction No. 20 defines “deception” in the language of subsections (1), (2), and (5) of Iowa Code section 702.”

Show all 439 citing cases →

— Iowa Code § 714.1(1) — 134 cases

State of Iowa v. Betty Ann Nall, 894 N.W.2d 514 (Iowa 2017). “, Iowa Code § 714.1 (3) (“Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception.”

State v. Schminkey, 597 N.W.2d 785 (Iowa 1999). “§§ 714.1, .2(2). See generally North Carolina v.”

Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018). “1(6) (theft by check), but not under section 714.1(1).”). Neither of these scenarios calls for the drastic change in the law that the majority has announced today.”

State v. Fluhr, 287 N.W.2d 857 (Iowa 1980). “As to the nature of the charge, the form stated that defendant had received a copy of the trial information, with minutes of testimony attached, in which he was charged with theft under section 714.1(1), Supplement to the Code 1977, and that he had discussed the information with…”

State v. Banes, 910 N.W.2d 634 (Iowa Ct. App. 2018).

— Iowa Code § 714.1(2) — 33 cases

Eggman v. Scurr, 311 N.W.2d 77 (Iowa 1981). “Other subsections of section 714.1 on theft committed by other means also require varying degrees of intent: 714.”

State v. Gates, 306 N.W.2d 720 (Iowa 1981). “He raises two questions: (1) whether trial court erred in instructing the jury with respect to the presumption of misappropriation created by subsection 714.1(2), Supplement to the Code 1977; and (2) whether he was effectively denied an opportunity for pretrial discovery.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Eric Kenyatta Parrish, 925 N.W.2d 163 (Iowa 2019). “50 received from Ware for his own personal use without a colorable future claim in violation of Iowa Code section 714.1(2) (2016) (prohibiting misappropriation of property held in trust) and section 714.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Todd W. Kowalke, 918 N.W.2d 158 (Iowa 2018).

State v. Galbreath, 525 N.W.2d 424 (Iowa 1994).

— Iowa Code § 714.1(2)(1) — 1 case

Walker Mfg., Inc. v. Hoffmann, Inc., 157 F. Supp. 2d 1012 (N.D. Iowa 2001).

— Iowa Code § 714.1(3) — 42 cases

Iowa Supreme Court Attorney Disciplinary Bd. v. Matthew L. Noel, 923 N.W.2d 575 (Iowa 2019). “The state subsequently filed a trial information against Noel, charging him with second-degree theft, a class “D” felony, in violation of Iowa Code sections 714.1(3), 714.2(2), and 714.3 (2013).”

State v. Hogrefe, 557 N.W.2d 871 (Iowa 1996). “See Iowa Code §§ 714.1 (3), 714.2(1), and 714.”

State v. Ross, 573 N.W.2d 906 (Iowa 1998). “See Iowa Code § 714.1 (3). Instruction No. 20 defines “deception” in the language of subsections (1), (2), and (5) of Iowa Code section 702.”

State v. Cornelius, 293 N.W.2d 267 (Iowa 1980).

— Iowa Code § 714.1(4) — 68 cases

State v. McVey, 376 N.W.2d 585 (Iowa 1985).

State v. Washington, 356 N.W.2d 192 (Iowa 1984).

State v. Post, 286 N.W.2d 195 (Iowa 1979).

State v. Hutt, 330 N.W.2d 788 (Iowa 1983).

— Iowa Code § 714.1(4)(1982) — 1 case

State v. Ogle, 367 N.W.2d 289 (Iowa Ct. App. 1985).

— Iowa Code § 714.1(5) — 2 cases

Eggman v. Scurr, 311 N.W.2d 77 (Iowa 1981). “Other subsections of section 714.1 on theft committed by other means also require varying degrees of intent: 714.”

State of Iowa v. Joseph Scott Waigand (Iowa 2021).

— Iowa Code § 714.1(6) — 28 cases

State v. Schoelerman, 315 N.W.2d 67 (Iowa 1982).

State v. Hogrefe, 557 N.W.2d 871 (Iowa 1996). “See Iowa Code §§ 714.1 (3), 714.2(1), and 714.”

Eggman v. Scurr, 311 N.W.2d 77 (Iowa 1981). “Other subsections of section 714.1 on theft committed by other means also require varying degrees of intent: 714.”

— Iowa Code § 714.1(6)(b) — 1 case

State of Iowa v. Kamie Jo Schiebout (Iowa Ct. App. 2019).

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