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

Iowa Code § 714.7 (2026)

Operating vehicle without owner’s consent

✓ current as of July 2026
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Any person who shall take possession or control of any railroad vehicle, or any self-propelled vehicle, aircraft, or motor boat, the property of another, without the consent of the owner of such, but without the intent to permanently deprive the owner thereof, shall be guilty of an aggravated misdemeanor. A violation of this section may be proved as a lesser included offense on an indictment or information charging theft. [C97, §4813, 4814; S13, §4823; C24, 27, 31, 35, §13092, 13125 – 13127; C39, §5006.05, 13125 – 13127; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §321.76, 716.13 – 716.15; C79, 81, §714.7]

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714.7A Reserved.

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Notes of Decisions
Cited in 59 cases (19 in the last 5 years), 1979–2026 · leading case: State v. Schminkey, 597 N.W.2d 785 (Iowa 1999).
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State v. Schminkey, 597 N.W.2d 785 (Iowa 1999). · cites it 8× “" Iowa Code § 714.7 (emphasis added). This crime, operating a vehicle without the owner's consent, is expressly made a lesser included offense of the crime of theft.”
State v. Morris, 677 N.W.2d 787 (Iowa 2004). · cites it 8× “The second-degree theft charge was submitted to the jury along with the lesser-included offense of operating a motor vehicle without the owner's consent in violation of Iowa Code section 714.7. The jury found defendant guilty of second-degree theft.”
State v. McCormack, 293 N.W.2d 209 (Iowa 1980). · cites it 12× “§ 714.7, The Code. Defendant’s first assignment of error is addressed to an instruction given in explanation of the included offense.”
State v. Jeffries, 430 N.W.2d 728 (Iowa 1988). · cites it 3× “§ 714.7. We note that in each instance, the greater offense can be committed without committing the lesser offense.”
Eggman v. Scurr, 311 N.W.2d 77 (Iowa 1981). · cites it 2× “For example, section 714.7, which does not expressly list criminal intent as an element of operating a vehicle without the owner’s consent, has been interpreted to require a general criminal intent.”
Calvert v. State, 310 N.W.2d 185 (Iowa 1981). · cites it 2× “Calvert was later arrested on a charge of operating a motor vehicle without the owner’s consent, an aggravated misdemeanor under section 714.7, The Code 1981. This arrest precipitated the probation revocation proceeding.”
United States v. James Lindquist, 421 F.3d 751 (8th Cir. 2005). “” Iowa Code § 714.7 ; see also State v. Hawkins, 203 N.”
State v. Martin, 778 N.W.2d 201 (Iowa Ct. App. 2009). · cites it 2× “1(1) from the lesser included offense of operating a vehicle without an owner’s consent under Iowa Code section 714.7). Because proof that the defendant acted with the specific purpose of depriving the owner of his property requires a determination of what the defendant was…”
United States v. Littrell, 557 F.3d 616 (8th Cir. 2009). “Iowa Code § 714.7 . Whether a defendant intended to permanently deprive the owner of a stolen car can be a close question in a case like this, where Stout’s car was abandoned by Litt-rell a few miles away and a relatively short time after he took it.”
State v. Hilpipre, 395 N.W.2d 899 (Iowa Ct. App. 1986). · cites it 2× “4 (1985), and operating a motor vehicle without the owner’s consent, in violation of Iowa Code section 714.7 (1985). Defendant asserts that there was insufficient evidence in the record to support the finding that he committed the crime of willful injury.”
State v. Hutt, 330 N.W.2d 788 (Iowa 1983). · cites it 2× “” We illustrated the foregoing observation in Eggman by observing: For example, section 714.7, which does not expressly list criminal intent as an element of operating ,a vehicle without the owner’s consent, has been interpreted to require a general criminal intent.”
State v. Harriman, 513 N.W.2d 725 (Iowa 1994). · cites it 2× “On February 16, 1993, fifty days after Harriman’s arrest, the State filed a trial information in district court charging Harri-man with operating a motor vehicle without the owner’s consent in violation of Iowa Code section 714.7. Harriman filed a motion to dismiss, claiming the…”
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