Iowa Code » Chapter 716 — DAMAGE AND TRESPASS TO PROPERTY
Iowa Code

Iowa Code § 716.3 (2026)

Criminal mischief in the first degree

✓ Iowa Code 2026 (laws through the 2025 session)
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1. Criminal mischief is criminal mischief in the first degree if either of the following apply:

a. The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed is more than ten thousand dollars.

b. The acts are intended to or do in fact cause a substantial interruption or impairment of service rendered to the public by a gas, electric, steam or waterworks corporation, telephone or telegraph corporation, common carrier, or a public utility operated by a municipality.

2. Criminal mischief in the first degree is a class “C” felony. [C51, §2680; R60, §4320; C73, §3979; C97, §4807; S13, §4807; C24, 27, 31, 35, 39, §13120; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §716.7; C79, 81, §716.3] 92 Acts, ch 1060, §8; 2013 Acts, ch 90, §193 Referred to in §717A.3, 911.5 \n

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2014–2026 · leading case: State v. Hernandez, No. 16-1350 (Iowa Ct. App. Jan. 10, 2018).
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State v. Hernandez, No. 16-1350 (Iowa Ct. App. Jan. 10, 2018). · cites it 14× “He also contends his conviction violated due process because the language in section 716.3 is ambiguous and the rule of lenity requires the statute be construed in his favor.”
State of Iowa v. Randy Paul Hofer, 949 N.W.2d 253 (Iowa Ct. App. 2020). · cites it 2× “1 provides that, “Any damage, defacing, alteration, or destruction of property is criminal mischief when done intentionally by one who has no right to so act.”
Christopher Lee Perry v. State of Iowa, 955 N.W.2d 246 (Iowa Ct. App. 2020). · cites it 2× “2 (2013), a class “B” felony, and Iowa Code section 716.3(1)(a), a class “C” felony. 3 “You stupid bitch, I’m going to torch [or burn] all your shit,” before slamming the apartment door.”
Michael Duane Smith v. State of Iowa, 6 N.W.3d 348 (Iowa Ct. App. 2024). · cites it 2× “For that February 2021 standoff, the State charged Smith with first-degree criminal mischief (a class “C” felony in violation of Iowa Code section 716.3(1)(a) (2021)), interference with official acts while displaying a dangerous weapon (a class “D” felony in violation of section…”
State of Iowa v. Austin Dean Mahana, 36 N.W.3d 706 (Iowa 2026). · cites it 2× “8 guilty to that offense, a class “C” felony, see Iowa Code § 716.3(2), and was awaiting sentencing.”
State of Iowa v. Nicolas Ross Heims, 7 N.W.3d 778 (Iowa Ct. App. 2024). “§§ 716.3(1)(a), .4(1)(a), .5(1)(a), .6(1)(a)(1).”
State of Iowa v. Deshaun Alvin Smith, No. 13-1439 (Iowa Ct. App. July 30, 2014). “§§ 716.3–.6 (outlining the various degrees of criminal mischief in relation to the cost to repair, replace, or restore the damaged property).”
In the Interest of A.B., Minor Child, A.B., Minor Child, No. 14-1332 (Iowa Ct. App. May 20, 2015). “See Iowa Code §§ 716.3 -.6. Again, A.B. asserts the State failed to corroborate his confession, arguing that the “video does not show [him] with paper and a lighter going into the teacher’s lounge.”
Iowa Code § 716.3(1)(a): 3 cases
Christopher Lee Perry v. State of Iowa, 955 N.W.2d 246 (Iowa Ct. App. 2020). “2 (2013), a class “B” felony, and Iowa Code section 716.3(1)(a), a class “C” felony. 3 “You stupid bitch, I’m going to torch [or burn] all your shit,” before slamming the apartment door.”
Michael Duane Smith v. State of Iowa, 6 N.W.3d 348 (Iowa Ct. App. 2024). “For that February 2021 standoff, the State charged Smith with first-degree criminal mischief (a class “C” felony in violation of Iowa Code section 716.3(1)(a) (2021)), interference with official acts while displaying a dangerous weapon (a class “D” felony in violation of section…”
State of Iowa v. Nicolas Ross Heims, 7 N.W.3d 778 (Iowa Ct. App. 2024). “§§ 716.3(1)(a), .4(1)(a), .5(1)(a), .6(1)(a)(1).”
Iowa Code § 716.3(2): 1 case
State of Iowa v. Austin Dean Mahana, 36 N.W.3d 706 (Iowa 2026). “8 guilty to that offense, a class “C” felony, see Iowa Code § 716.3(2), and was awaiting sentencing.”
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