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

Iowa Code § 716.8 (2026)

Penalties

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. Any person who knowingly trespasses upon the property of another commits a simple\n\nTue Dec 09 21:56:04 2025 Iowa Code 2026, Chapter 716 (36, 1) §716.8, DAMAGE AND TRESPASS TO PROPERTY 6\n\nmisdemeanor punishable as a scheduled violation under section 805.8C, subsection 12. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law. 2. Any person committing a trespass as defined in section 716.7, other than a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), which results in injury to any person or damage in an amount more than three hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor. 3. A person who knowingly trespasses on the property of another with the intent to commit a hate crime, as defined in section 729A.2, commits a serious misdemeanor. 4. A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than three hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor. 5. A person who commits a trespass while hunting, other than hunting a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 12. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law. The person shall also be subject to civil penalties as provided in sections 481A.130 and 481A.131. Any wildlife taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12. 6. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), commits a class “D” felony. 7. Any person who commits a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor. 8. a. For a first offense, a person who commits food operation trespass as provided in section 716.7A is guilty of an aggravated misdemeanor. b. For a second or subsequent offense, a person who commits food operation trespass as provided in section 716.7A is guilty of a class “D” felony. [C73, 75, 77, §729.2, 729.3; C79, 81, §716.8] 92 Acts, ch 1157, §6; 99 Acts, ch 153, §15, 16; 2007 Acts, ch 28, §21; 2008 Acts, ch 1161, §21; 2011 Acts, ch 51, §6, 7; 2013 Acts, ch 90, §253; 2016 Acts, ch 1082, §5; 2017 Acts, ch 140, §2, 3; 2018 Acts, ch 1026, §175; 2019 Acts, ch 140, §22; 2020 Acts, ch 1036, §18, 19; 2024 Acts, ch 1070, §1 Referred to in §29A.42, 232.2, 648.1A, 729A.2, 805.8C(12), 901C.3

\n
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1967–2025 · leading case: Berger v. New York, 388 U.S. 41 (1967).
Sort: Relevance Newest Treatment
Berger v. New York, 388 U.S. 41 (1967). · cites it 2× “134, § 16 (1965); Iowa Code § 716.8 (1962); Ky. Rev. Stat. § 433.”
McCabe v. MacAulay, 551 F. Supp. 2d 771 (N.D. Iowa 2007). · cites it 3× “Iowa Code § 716.8 (1). Troopers Bailey and Busch then led Plaintiffs north to the pool house, where they were detained.”
McCabe v. Mais, 580 F. Supp. 2d 815 (N.D. Iowa 2008). · cites it 2× “Iowa Code § 716.8 (1). 5 Further, the criminal complaints do not disclose any reason to believe that Plaintiffs might be hiding contraband or weapons underneath their clothing or in their body cavities.”
State v. Chase, 335 N.W.2d 630 (Iowa 1983). “Iowa Code § 716.8 (2) (1983). We find that “damage” refers to physical damage and not merely theft.”
McCabe v. Mais, 602 F. Supp. 2d 1025 (N.D. Iowa 2008). “The demonstrative exhibit was a photocopy of Iowa Code § 716.8 (2003) and had not been admitted into evidence.”
State of Iowa v. Robert Clark Geddes (Iowa 2023). · cites it 2× “See Iowa Code § 716.8 (3) (2021). He now asserts on appeal that his conviction violated the First Amendment to the United States Constitution and article 1, section 9 of the Iowa Constitution.”
State of Iowa v. Robert Clark Geddes (Iowa 2023). · cites it 2× “See Iowa Code § 716.8 (3) (2021). He now asserts on appeal that his conviction violated the First Amendment to the United States Constitution and article 1, section 9 of the Iowa Constitution.”
State of Iowa v. Trenton David Barnett (Iowa Ct. App. 2025). “See Iowa Code § 716.8 (2) (making a trespass that causes damage in an amount more than three hundred dollars a serious misdemeanor).”
McCabe v. MacAulay, 515 F. Supp. 2d 944 (N.D. Iowa 2007). “Iowa Code § 716.8 (1). Troopers Bailey and Busch then led Plaintiffs north to the pool house, where they were detained.”
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.