Iowa Code » Chapter 714 — THEFT, FRAUD, AND RELATED OFFENSES
Iowa Code

Iowa Code § 714.4 (2026)

Claim of right

✓ current as of July 2026
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No person who takes, obtains, disposes of, or otherwise uses or acquires property, is guilty of theft by reason of such act if the person reasonably believes that the person has a right, privilege or license to do so, or if the person does in fact have such right, privilege or license. [C79, 81, §714.4]

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Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2000–2025 · leading case: State v. Miller, 622 N.W.2d 782 (Iowa Ct. App. 2000).
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State v. Miller, 622 N.W.2d 782 (Iowa Ct. App. 2000). · cites it 18× “Citing Iowa Code section 714.4, Miller argues his claim of right negated his intent to commit a theft, an element of the burglary charge.”
Iowa Supreme Court Attorney Disciplinary Bd. v. David A. Morse, 887 N.W.2d 131 (Iowa 2016). · cites it 4× “Iowa Code § 714.4 (2015). By its terms, at the time the person takes, obtains, disposes of, or otherwise uses or acquires property, the person must believe he or she has a right to do so at the time the person takes, obtains, disposes of, or otherwise uses or acquires property,…”
State of Iowa v. Isaiah T. Buchanan (Iowa Ct. App. 2018). · cites it 12× “Iowa Code § 714.4 . More than a decade ago, our court concluded that statute did not offer a defense to burglary or robbery charges: The express terms of section 714.”
State of Iowa v. Joshua Daniel Gillette (Iowa Ct. App. 2018). · cites it 10× “Gillette relies upon section 714.4, which provides: No person who takes, obtains, disposes of, or otherwise uses or acquires property, is guilty of theft by reason of such act if the person reasonably believes that the person has a right, privilege or license to do so, or if the…”
State of Iowa v. Goldie Theodore Enochs (Iowa Ct. App. 2016). · cites it 4× “Iowa Code § 714.4 . 6 More than a decade ago, our court concluded that statute did not offer a defense to burglary or robbery charges: The express terms of section 714.”
State of Iowa v. Anthony James Stock Sr. (Iowa Ct. App. 2024). · cites it 4× “See Iowa Code § 714.4 (codifying the claim-of-right defense and stating that “[n]o person who takes, obtains, disposes of, other otherwise uses or acquires property, is guilty of theft” (emphasis added)); see also State v.”
State of Iowa v. Dillon Michael Heiller (Iowa Ct. App. 2025). · cites it 4× “This defense is codified at Iowa Code section 714.4, which provides: No person who takes, obtains, disposes of, or otherwise uses or acquires property, is guilty of theft by reason of such act if the person reasonably believes that the person has a right, privilege or license to…”
Iowa Supreme Court Attorney Disciplinary Bd. v. David A. Morse (Iowa 2016). · cites it 2× “Iowa Code § 714.4 (2015). By its terms, at the time the person takes, obtains, disposes of, or otherwise uses or acquires property, the person must believe he or she has a right to do so at the time the person takes, obtains, disposes of, or otherwise uses or acquires property,…”
Amended January 23, 2017 Iowa Supreme Court Attorney Disciplinary Bd. v. David A. Morse (Iowa 2016). · cites it 2× “Iowa Code § 714.4 (2015). By its terms, at the time the person takes, obtains, disposes of, or otherwise uses or acquires property, the person must believe he or she has a right to do so at the time the person takes, obtains, disposes of, or otherwise uses or acquires property,…”
State of Iowa v. Thomas Lee Deitrick (Iowa Ct. App. 2023). · cites it 2× “This defense—codified in Iowa Code section 714.4—by its own terms applies only to a theft charge; the law “does not condone the invasion of the sanctity of another’s home to regain property rights[] when viable legal channels exist to effect a remedy.”
State of Iowa v. Eric Alanda Mims (Iowa Ct. App. 2014). · cites it 2× “2000) (concluding the claim-of-right defense provided in Iowa Code section 714.4 is only applicable to theft charges).”
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020). “Given that he had at least two prior felony convictions, Davis faced the habitual offender enhancement for the felony charges. The district court appointed counsel to represent Davis.”
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— Iowa Code § 714.4(3)(b) — 1 case
Bert Miller & Nancy Duffner v. State of Iowa (Iowa 2025).
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