1. Criminal mischief is criminal mischief in the second degree if any of the following apply:
a. The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds one thousand five hundred dollars but does not exceed ten thousand dollars. \n Tue Dec 09 21:56:04 2025 Iowa Code 2026, Chapter 716 (36, 1) §716.4, DAMAGE AND TRESPASS TO PROPERTY 2\n\n b. The acts damaged, defaced, altered, or destroyed any publicly owned property, including a monument or statue. In addition to any sentence imposed for a violation of this paragraph, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
2. Criminal mischief in the second degree is a class “D” felony. [C79, 81, §716.4] 92 Acts, ch 1060, §9; 2013 Acts, ch 90, §194; 2019 Acts, ch 140, §19; 2021 Acts, ch 183, §42, 43 Referred to in §717A.3, 911.5 \n
Notes of Decisions
Cited in
26
cases (
5 in the last 5 years), 1995–2025 · leading case:
State v. Li-Yu Chang, 587 N.W.2d 459 (Iowa 1998).
State v. Li-Yu Chang, 587 N.W.2d 459 (Iowa 1998).
· cites it 6× “Defendant, Li-Yu Chang, appeals from a conviction of second-degree criminal mischief in violation of Iowa Code section 716.4 (1995) and assault of a police officer causing bodily injury in violation of Iowa Code section 708.”
State v. Greene, 709 N.W.2d 535 (Iowa 2006).
· cites it 4× “11(3)(6 )(2) (2003), and two counts of second-degree criminal mischief under Iowa Code section 716.4. He appealed, and we transferred his case to the court of appeals, which affirmed.”
State v. Gordon, 732 N.W.2d 41 (Iowa 2007).
· cites it 2× “See Iowa Code § 716.4 (2003) (defining offense of criminal mischief).”
State v. Tesch, 704 N.W.2d 440 (Iowa 2005).
“§ 716.4. Second-degree criminal mischief is a class “D” felony.”
Arnold v. State, 540 N.W.2d 243 (Iowa 1995).
· cites it 2× “Arnold pleaded guilty in March of 1991 to the crime of criminal mischief in the second degree in violation of Iowa Code section 716.4 (1991). In that plea, he admitted that he had vandalized the home of George and Candace Strawn in Ames on November 1, 1990.”
Commonwealth v. Deberry, 804 N.E.2d 911 (Mass. 2004).
“§ 5-38-204 (Michie 1997) (“amount of actual damage”); Iowa Code Ann. § 716.4 (West 2003) (“cost of replacing, repairing, or restoring the property so damaged”); Md.”
State v. Cheatheam, 569 N.W.2d 820 (Iowa 1997).
“…see Iowa Code § 708.3 (A)(3), and the second-degree-criminal-mischief charge is a class "D” felony, see id. § 716.4.”
State of Iowa v. Adam Slade Roe (Iowa Ct. App. 2022).
· cites it 7× “See Iowa Code § 716.4 (2). As stated above, the well-service business provided an estimate for the cost to repair the well.”
State v. Runner (Iowa Ct. App. 2018).
· cites it 4× “” Iowa Code § 716.4 (1). Runner contends there was insufficient evidence to establish the value of the damaged property here—McCurry’s vehicle.”
State of Iowa v. Delandres Thompson (Iowa Ct. App. 2016).
· cites it 2× “On December 5, 2014, preliminary complaints were filed against Thompson charging him with three class “D” felonies arising out of the events of October 17, 2014: criminal mischief in the second degree, in violation of Iowa Code section 716.4 (2013); assault on a police officer…”
State of Iowa v. Brian C. Brown (Iowa Ct. App. 2017).
· cites it 2× “Our review of the record indicates there is substantial evidence to support the court’s verdict. The video traced a person, identified as Brown, through the halls of the college, exiting through the door into the parking lot, and walking by the passenger side of the vehicle that…”
State of Iowa v. Edward A. Campbell (Iowa Ct. App. 2017).
· cites it 2× “Iowa Code § 716.4 . The State offered an invoice from the entity that repaired Chaptman’s damaged vehicle.”
— Iowa Code § 716.4(1) — 6 cases
— Iowa Code § 716.4(2) — 2 cases
State of Iowa v. Adam Slade Roe (Iowa Ct. App. 2022).
“See Iowa Code § 716.4 (2). As stated above, the well-service business provided an estimate for the cost to repair the well.”
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