Iowa Code

Iowa Code § 716.6 (2026)

Criminal mischief in the fourth and fifth degrees

✓ current as of July 2026

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1. a. Criminal mischief is criminal mischief in the fourth degree if any of the following apply:

(1) The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds three hundred dollars, but does not exceed seven hundred fifty dollars.

(2) The person intentionally injures, destroys, disturbs, or removes any monument, as defined in section 355.1, placed on any tract of land, street, or highway, designating any point, course, or line on the boundary of the tract of land, street, or highway, if the monument was placed at such location by a land surveyor licensed under chapter 542B, or by any person directed by a licensed land surveyor. A governmental entity and employees of such an entity are exempt from prosecution under this subparagraph for projects performed pursuant to section 314.8. A licensed land surveyor and persons under the direction of a licensed land surveyor are also exempt from prosecution under this subparagraph for removing an existing monument in order to place an upgraded or more suitable monument in the same location.

(3) The person intentionally injures, destroys, disturbs, or removes any monument that has been established by the national geodetic survey, Iowa geodetic survey, or any county geographic information system for use in the determination of spatial location relative to the specified Iowa state plane coordinate system or precise elevation datum. A governmental entity and employees of such an entity are exempt from prosecution under this subparagraph for projects performed pursuant to section 314.8.\n\nTue Dec 09 21:56:04 2025 Iowa Code 2026, Chapter 716 (36, 1) 3 DAMAGE AND TRESPASS TO PROPERTY, §716.7\n\n b. Criminal mischief in the fourth degree is a serious misdemeanor.

2. All criminal mischief which is not criminal mischief in the first degree, second degree, third degree, or fourth degree is criminal mischief in the fifth degree. Criminal mischief in the fifth degree is a simple misdemeanor. [C79, 81, §716.6] 83 Acts, ch 99, §2; 92 Acts, ch 1060, §11; 99 Acts, ch 153, §14; 2009 Acts, ch 41, §260; 2010 Acts, ch 1130, §1; 2013 Acts, ch 90, §195; 2019 Acts, ch 140, §21 Referred to in §123.138, 716.6A, 717A.3 \n

Notes of Decisions

Cited in 17 cases (12 in the last 5 years), 2014–2026 · leading case: State of Iowa v. Latrice D. Saunders (Iowa Ct. App. 2022).

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State of Iowa v. Latrice D. Saunders (Iowa Ct. App. 2022). · cites it 8× “140, § 21 (codified at Iowa Code § 716.6 (a)(1) (Supp. 2019)). So offenses that resulted in damages between $200 3 and $300 that were previously considered to be a serious misdemeanor instead became simple misdemeanors following the change in law.”

Hubert Todd, Jr., Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2017). · cites it 4× “”), with Iowa Code § 716.6 (2) (“Criminal mischief in the fifth degree is a simple misdemeanor.”

State of Iowa v. Brandon Samuel Proctor (Iowa Ct. App. 2019). · cites it 4× “” Iowa Code § 716.6 (1)(a)(1). As an element of the offense, the State must present evidence to show the cost of replacing, repairing, or restoring the property is between $200 and $500.”

State of Iowa v. Latrice Denise Saunders (Iowa Ct. App. 2023). · cites it 4× “140, § 21 (codified at Iowa Code § 716.6 (a)(1)). In her first appeal, the State conceded that she was entitled to resentencing.”

State of Iowa v. Dustin D. Gilliam (Iowa Ct. App. 2020). · cites it 2× “Gilliam was charged in case SRCR321474 with criminal mischief in the fourth degree in violation of section 716.6(1)(A)(1). On September 12, 2018, Gilliam was stopped by Windsor Heights Police Officer Chris Clingan for running a red light.”

State of Iowa v. Dustin Eugene Veld (Iowa Ct. App. 2021). · cites it 2× “2(3); and fourth-degree criminal mischief, a serious misdemeanor, in violation of section 716.6. The State and Veld entered into a plea agreement in which Veld agreed to plead guilty to the charges of child endangerment, criminal mischief, and one count of assault by use of a…”

State of Iowa v. B.C.D. (Iowa 2024). · cites it 2× “3d ___ (Iowa 2024)—pleaded guilty to criminal mischief in the fourth degree under Iowa Code § 716.6 (2020) after vandalizing two cars.”

State of Iowa v. Alexis Stephan Kuberski (Iowa Ct. App. 2024). · cites it 2× “2(2) (2021), and criminal mischief in the fourth degree, a serious misdemeanor in violation of section 716.6(1)(a)(1). Kuberski waived his right to jury trial and the district court found him guilty.”

State of Iowa v. Dennis Wayne Ruppe (Iowa Ct. App. 2024). · cites it 2× “2(3); and fourth-degree criminal mischief, in violation of section 716.6(1)(a)(1). The court polled the jury but the record shows only eleven jurors were asked if they agreed with the verdict.”

Logan Jeffrey Shoemaker v. State of Iowa (Iowa Ct. App. 2024). · cites it 2× “2(3); and fourth-degree criminal mischief in violation of section 716.6(1)(a)(1). 2 Shoemaker pled guilty to two counts of second-degree theft, stalking with a dangerous weapon, three counts of second-degree criminal mischief, assault while displaying a dangerous weapon, and…”

State of Iowa v. Michael Raymond Russell (Iowa Ct. App. 2025). · cites it 2× “7(3)(c) (2023), and criminal mischief in the fifth degree, in violation of section 716.6(2). The matter proceeded to a jury trial.”

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— Iowa Code § 716.6(1) — 2 cases

State of Iowa v. Latrice D. Saunders (Iowa Ct. App. 2022). “140, § 21 (codified at Iowa Code § 716.6 (a)(1) (Supp. 2019)). So offenses that resulted in damages between $200 3 and $300 that were previously considered to be a serious misdemeanor instead became simple misdemeanors following the change in law.”

State of Iowa v. Latrice Denise Saunders (Iowa Ct. App. 2023). “140, § 21 (codified at Iowa Code § 716.6 (a)(1)). In her first appeal, the State conceded that she was entitled to resentencing.”

— Iowa Code § 716.6(1)(A)(1) — 2 cases

State of Iowa v. Dustin D. Gilliam (Iowa Ct. App. 2020). “Gilliam was charged in case SRCR321474 with criminal mischief in the fourth degree in violation of section 716.6(1)(A)(1). On September 12, 2018, Gilliam was stopped by Windsor Heights Police Officer Chris Clingan for running a red light.”

State of Iowa v. Brandon Scott Stevens (Iowa Ct. App. 2026).

— Iowa Code § 716.6(1)(a)(1) — 5 cases

State of Iowa v. Alexis Stephan Kuberski (Iowa Ct. App. 2024). “2(2) (2021), and criminal mischief in the fourth degree, a serious misdemeanor in violation of section 716.6(1)(a)(1). Kuberski waived his right to jury trial and the district court found him guilty.”

State of Iowa v. Dennis Wayne Ruppe (Iowa Ct. App. 2024). “2(3); and fourth-degree criminal mischief, in violation of section 716.6(1)(a)(1). The court polled the jury but the record shows only eleven jurors were asked if they agreed with the verdict.”

Logan Jeffrey Shoemaker v. State of Iowa (Iowa Ct. App. 2024). “2(3); and fourth-degree criminal mischief in violation of section 716.6(1)(a)(1). 2 Shoemaker pled guilty to two counts of second-degree theft, stalking with a dangerous weapon, three counts of second-degree criminal mischief, assault while displaying a dangerous weapon, and…”

State of Iowa v. Jonathan Levi Hart (Iowa Ct. App. 2021).

Chloe Paige Clark v. State of Iowa (Iowa Ct. App. 2025).

— Iowa Code § 716.6(2) — 2 cases

State of Iowa v. Michael Raymond Russell (Iowa Ct. App. 2025). “7(3)(c) (2023), and criminal mischief in the fifth degree, in violation of section 716.6(2). The matter proceeded to a jury trial.”

Chloe Paige Clark v. State of Iowa (Iowa Ct. App. 2025).

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