1. For purposes of this section:
a. “Property” shall include any land, dwelling, building, conveyance, vehicle, or other
temporary or permanent structure whether publicly or privately owned.
b. “Public utility” is a public utility as defined in section 476.1 or an electric transmission
line as provided in chapter 478.
c. “Public utility property” means any land, dwelling, building, conveyance, vehicle, or
other temporary or permanent structure owned, leased, or operated by a public utility and
that is completely enclosed by a physical barrier of any kind.
d. “Railway corporation” means a corporation, company, or person owning, leasing, or
operating any railroad in whole or in part within this state.
e. “Railway property” means all tangible real and personal property owned, leased, or
operated by a railway corporation with the exception of any administrative building or offices
of the railway corporation.
f. “Reasonable expectation of privacy” means circumstances in which a reasonable person
would believe that the person could disrobe or partially disrobe in privacy, without being
concerned that the person disrobing or partially disrobing was being viewed, photographed,
or filmed when doing so.
2. a. “Trespass” shall mean one or more of the following acts:
(1) Entering upon or in property without the express permission of the owner, lessee,
or person in lawful possession with the intent to commit a public offense, to use, remove\n\nTue Dec 09 21:56:04 2025 Iowa Code 2026, Chapter 716 (36, 1)
§716.7, DAMAGE AND TRESPASS TO PROPERTY 4\n\ntherefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate,
or to hunt, fish or trap on or in the property, including the act of taking or attempting to take
a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in
section 484C.1, which is on or in the property by a person who is outside the property. This
subparagraph does not prohibit the unarmed pursuit of game or fur-bearing animals by a
person who lawfully injured or killed the game or fur-bearing animal which comes to rest on
or escapes to the property of another.
(2) Entering or remaining upon or in property without justification after being notified or
requested to abstain from entering or to remove or vacate therefrom by the owner, lessee,
or person in lawful possession, or the agent or employee of the owner, lessee, or person
in lawful possession, or by any peace officer, magistrate, or public employee whose duty
it is to supervise the use or maintenance of the property. A person has been notified or
requested to abstain from entering or remaining upon or in property within the meaning of
this subparagraph (2) if any of the following is applicable:
(a) The person has been notified to abstain from entering or remaining upon or in property
personally, either orally or in writing, including by a valid court order under chapter 236.
(b) A printed or written notice forbidding such entry has been conspicuously posted or
exhibited at the main entrance to the property or the forbidden part of the property.
(3) Entering upon or in property for the purpose or with the effect of unduly interfering
with the lawful use of the property by others.
(4) Being upon or in property and wrongfully using, removing therefrom, altering,
damaging, harassing, or placing thereon or therein anything animate or inanimate, without
the implied or actual permission of the owner, lessee, or person in lawful possession.
(5) Entering or remaining upon or in railway property without lawful authority or without
the consent of the railway corporation which owns, leases, or operates the railway property.
This subparagraph does not apply to passage over a railroad right-of-way, other than a track,
railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person
has not been notified or requested to abstain from entering onto the right-of-way or to vacate
the right-of-way and the passage over the right-of-way does not interfere with the operation
of the railroad.
(6) Entering or remaining upon or in public utility property without lawful authority
or without the consent of the public utility that owns, leases, or operates the public utility
property. This subparagraph does not apply to passage over public utility right-of-way by a
person if the person has not been notified or requested by posted signage or other means to
abstain from entering onto the right-of-way or to vacate the right-of-way.
(7) Intentionally viewing, photographing, or filming another person through the window
or any other aperture of a dwelling, without legitimate purpose, while present on the real
property upon which the dwelling is located, or while placing on or retrieving from such
property equipment to view, photograph, or film another person, if the person being viewed,
photographed, or filmed has a reasonable expectation of privacy, and if the person being
viewed, photographed, or filmed does not consent or cannot consent to being viewed,
photographed, or filmed.
b. “Trespass” shall not mean either of the following:
(1) Entering upon the property of another for the sole purpose of retrieving personal
property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto
the property of another, provided that the person retrieving the property takes the most
direct and accessible route to and from the property to be retrieved, quits the property as
quickly as is possible, and does not unduly interfere with the lawful use of the property. This
subparagraph does not apply to public utility property where the person has been notified
or requested by posted signage or other means to abstain from entering.
(2) Entering upon the right-of-way of a public road or highway.
3. This section shall not apply to the following persons:
a. Representatives of the state department of transportation, the federal railroad
administration, or the national transportation safety board who enter or remain upon or in
railway property while engaged in the performance of official duties.\n\nTue Dec 09 21:56:04 2025 Iowa Code 2026, Chapter 716 (36, 1)
5 DAMAGE AND TRESPASS TO PROPERTY, §716.8\n\n b. Employees of a railway corporation who enter or remain upon or in railway property
while acting in the course of employment.
c. Any person who is engaged in the operation of a lawful business on railway station
grounds or in the railway depot.
d. Representatives of the Iowa utilities commission, the federal energy regulatory
commission, or the federal communications commission who enter or remain upon or in
public utility property while engaged in the performance of official duties.
e. Employees of a public utility who enter or remain upon or in public utility property
while acting in the course of employment.
[C51, §2684; R60, §4324; C73, §3983; C97, §4793, 4829; C24, 27, 31, 35, 39, §13086, 13374;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.6, 729.1; C79, 81, §716.7; 81 Acts, ch 205, §1]
88 Acts, ch 1212, §1; 98 Acts, ch 1067, §1, 2; 2007 Acts, ch 28, §20; 2011 Acts, ch 51, §2 – 5;
2013 Acts, ch 90, §234; 2013 Acts, ch 140, §77; 2016 Acts, ch 1082, §3, 4; 2017 Acts, ch 140,
§1; 2018 Acts, ch 1026, §174; 2019 Acts, ch 59, §228; 2024 Acts, ch 1170, §369
Referred to in §232.2, 309.57, 481A.134, 481A.135, 716.8, 727.8A
\n
Notes of Decisions
Cited in
61
cases (
12 in the last 5 years), 1980–2026 · leading case:
State v. Lewis, 675 N.W.2d 516 (Iowa 2004).
State v. Lewis, 675 N.W.2d 516 (Iowa 2004).
· cites it 12× “Iowa Code § 716.7 (2)( a ). Although the police received numerous reports of criminal activity in the area, they did not receive any complaints regarding Lewis's property.”
State v. Waller, 450 N.W.2d 864 (Iowa 1990).
· cites it 30× “Iowa Code § 716.7 (2)(c) (1987). In applying the test, we look only to these elements, and not to the charge or to the evidence.”
State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014).
· cites it 4× “2d 864, 866 (Iowa 1990) (equating the first element of criminal trespass under Iowa Code section 716.7(2)(c) (1987)—“entering”—with the first two elements of burglary under section 713.”
State v. Hutchison, 721 N.W.2d 776 (Iowa 2006).
· cites it 7× “” Iowa Code § 716.7 (4). The court denied the motion, and after evidence from the defendants, the case was submitted to the jury.”
State v. Sangster, 299 N.W.2d 661 (Iowa 1980).
· cites it 8× “” “Property” is defined in section 716.7(1) as “any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.”
McCabe v. MacAulay, 551 F. Supp. 2d 771 (N.D. Iowa 2007).
· cites it 7× “Both women were charged with Trespass, in violation of Iowa Code section 716.7 (2003). Trespass is classified as a simple misde *782 meanor under Iowa law when there is no damage to property or other extenuating circumstances.”
State v. Hickman, 623 N.W.2d 847 (Iowa 2001).
· cites it 4× “Thus, the word “purpose” as contained in section 716.7(2)(c) is synonymous with “intent.”
Borgman v. Kedley, 646 F.3d 518 (8th Cir. 2011).
· cites it 2× “She was charged with a simple misdemeanor for criminal trespass in violation of Iowa Code § 716.7 . The county attorney dismissed the charge before the case went to trial.”
State v. Chase, 335 N.W.2d 630 (Iowa 1983).
· cites it 9× “Iowa Code § 716.7 (2)(a) (1983). Chase maintains that section 716.”
State v. Wales, 325 N.W.2d 87 (Iowa 1982).
· cites it 6× “Iowa Code § 716.7 (2). We face this problem then: When the burglary is alleged to have been committed in either of two ways, only one of which includes criminal trespass as a lesser included offense, and there is evidence to support a finding on either alternative, is defendant…”
Animal Legal Def. Fund v. Kimberly Reynolds, 89 F.4th 1071 (8th Cir. 2024).
· cites it 3× “The Act applies only when there has first been a “trespass” as defined in Iowa Code § 716.7 (2). When a general trespass does not involve injury to a person or property damage over $300, Iowa punishes the offense as a “simple misdemeanor,” see id.”
State v. Steens, 464 N.W.2d 874 (Iowa 1991).
· cites it 10× “He contends that the district court erred in failing to submit to the jury, as a lesser-included offense, criminal trespass as defined in Iowa Code section 716.7(2)(a) (1989). The court of appeals determined this issue favorably to the defendant and reversed his conviction.”
— Iowa Code § 716.7(1) — 3 cases
State v. Sangster, 299 N.W.2d 661 (Iowa 1980).
“” “Property” is defined in section 716.7(1) as “any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.”
McCabe v. MacAulay, 551 F. Supp. 2d 771 (N.D. Iowa 2007).
“Both women were charged with Trespass, in violation of Iowa Code section 716.7 (2003). Trespass is classified as a simple misde *782 meanor under Iowa law when there is no damage to property or other extenuating circumstances.”
State v. Waller, 450 N.W.2d 864 (Iowa 1990).
“Iowa Code § 716.7 (2)(c) (1987). In applying the test, we look only to these elements, and not to the charge or to the evidence.”
— Iowa Code § 716.7(2) — 3 cases
State v. Lewis, 675 N.W.2d 516 (Iowa 2004).
“Iowa Code § 716.7 (2)( a ). Although the police received numerous reports of criminal activity in the area, they did not receive any complaints regarding Lewis's property.”
State v. Wales, 325 N.W.2d 87 (Iowa 1982).
“Iowa Code § 716.7 (2). We face this problem then: When the burglary is alleged to have been committed in either of two ways, only one of which includes criminal trespass as a lesser included offense, and there is evidence to support a finding on either alternative, is defendant…”
— Iowa Code § 716.7(2)(6) — 1 case
State v. Hutchison, 721 N.W.2d 776 (Iowa 2006).
“” Iowa Code § 716.7 (4). The court denied the motion, and after evidence from the defendants, the case was submitted to the jury.”
— Iowa Code § 716.7(2)(a) — 14 cases
State v. Sangster, 299 N.W.2d 661 (Iowa 1980).
“” “Property” is defined in section 716.7(1) as “any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.”
State v. Lewis, 675 N.W.2d 516 (Iowa 2004).
“Iowa Code § 716.7 (2)( a ). Although the police received numerous reports of criminal activity in the area, they did not receive any complaints regarding Lewis's property.”
State v. Steens, 464 N.W.2d 874 (Iowa 1991).
“He contends that the district court erred in failing to submit to the jury, as a lesser-included offense, criminal trespass as defined in Iowa Code section 716.7(2)(a) (1989). The court of appeals determined this issue favorably to the defendant and reversed his conviction.”
State v. Waller, 450 N.W.2d 864 (Iowa 1990).
“Iowa Code § 716.7 (2)(c) (1987). In applying the test, we look only to these elements, and not to the charge or to the evidence.”
State v. Wales, 325 N.W.2d 87 (Iowa 1982).
“Iowa Code § 716.7 (2). We face this problem then: When the burglary is alleged to have been committed in either of two ways, only one of which includes criminal trespass as a lesser included offense, and there is evidence to support a finding on either alternative, is defendant…”
— Iowa Code § 716.7(2)(a)(1) — 6 cases
— Iowa Code § 716.7(2)(a)(2) — 3 cases
— Iowa Code § 716.7(2)(a)(4) — 3 cases
— Iowa Code § 716.7(2)(b) — 5 cases
McCabe v. MacAulay, 551 F. Supp. 2d 771 (N.D. Iowa 2007).
“Both women were charged with Trespass, in violation of Iowa Code section 716.7 (2003). Trespass is classified as a simple misde *782 meanor under Iowa law when there is no damage to property or other extenuating circumstances.”
State Of Iowa Vs. William Basinger, Frank Cordaro, Carla Dawson, Gilbert Dawes, Jeanne Firth, Fran Fuller, James Johnson, Jane Magers, Michael Schorsch, Marian Soloman, Brian Terrell, Carolyn Walker, & Elton Davis (Iowa 2006).
— Iowa Code § 716.7(2)(c) — 3 cases
State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014).
“2d 864, 866 (Iowa 1990) (equating the first element of criminal trespass under Iowa Code section 716.7(2)(c) (1987)—“entering”—with the first two elements of burglary under section 713.”
State v. Hickman, 623 N.W.2d 847 (Iowa 2001).
“Thus, the word “purpose” as contained in section 716.7(2)(c) is synonymous with “intent.”
State v. Waller, 450 N.W.2d 864 (Iowa 1990).
“Iowa Code § 716.7 (2)(c) (1987). In applying the test, we look only to these elements, and not to the charge or to the evidence.”
— Iowa Code § 716.7(2)(d) — 2 cases
State v. Waller, 450 N.W.2d 864 (Iowa 1990).
“Iowa Code § 716.7 (2)(c) (1987). In applying the test, we look only to these elements, and not to the charge or to the evidence.”
State v. Steens, 464 N.W.2d 874 (Iowa 1991).
“He contends that the district court erred in failing to submit to the jury, as a lesser-included offense, criminal trespass as defined in Iowa Code section 716.7(2)(a) (1989). The court of appeals determined this issue favorably to the defendant and reversed his conviction.”
— Iowa Code § 716.7(4) — 3 cases
State v. Hutchison, 721 N.W.2d 776 (Iowa 2006).
“” Iowa Code § 716.7 (4). The court denied the motion, and after evidence from the defendants, the case was submitted to the jury.”
McCabe v. MacAulay, 551 F. Supp. 2d 771 (N.D. Iowa 2007).
“Both women were charged with Trespass, in violation of Iowa Code section 716.7 (2003). Trespass is classified as a simple misde *782 meanor under Iowa law when there is no damage to property or other extenuating circumstances.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.