Iowa Code
Iowa Code § 719.3 (2026)
Preventing apprehension, obstructing prosecution, or obstructing defense
✓ current as of July 2026
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A person who, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, knowingly does any of the following acts, commits an aggravated misdemeanor: 1. Destroys, alters, conceals or disguises physical evidence which would be admissible in the trial of another for a public offense, or makes available false evidence or furnishes false information with the intent that it be used in the trial of that case. 2. Induces a witness having knowledge material to the subject at issue to leave the state or hide, or to fail to appear when subpoenaed. [C51, §2654; R60, §4281; C73, §3946; C97, §4882; C24, 27, 31, 35, 39, §13170; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §723.1; C79, 81, §719.3]
\nNotes of Decisions
Cited in 13
cases (6 in the last 5 years), 1979–2026 · leading case: State v. Harris, 741 N.W.2d 1 (Iowa 2007).
State v. Harris, 741 N.W.2d 1 (Iowa 2007). “3 (2003) and obstruction of justice, an aggravated misdemeanor, in violation of Iowa Code section 719.3. Harris filed a motion to suppress his confession, 1 arguing the detective violated his Miranda rights and his statutory right to speak with a family member.”
State v. Buchanan, 549 N.W.2d 291 (Iowa 1996). “, Iowa Code § 719.3 (criminalizing acts done with specified “intent to prevent the apprehension or obstruct the prosecution or defense of any person .”
State v. Langlet, 283 N.W.2d 330 (Iowa 1979). “, § 719.3, The Code 1979, which provides for criminal penalties for this means of obstructing justice; McCormick on Evidence § 273, at 660-61 (2d ed.”
State of Iowa v. Kourtney Shontez Hall (Iowa 2022). “Iowa Code § 719.3 . Hall’s challenge to his convictions presents the question of whether the statute requires proof the witness actually failed to appear when subpoenaed or whether the statute merely criminalizes an offer of an inducement to the witness to fail to appear when…”
Aguilera v. Wright Cnty., 990 F. Supp. 2d 926 (N.D. Iowa 2014). “Arguments of the parties The State Defendants assert that the “obstruction of justice” claims are ostensibly premised on Iowa Code § 719.3 , which defines a criminal violation.”
State of Iowa v. Clinton R. VanFossen (Iowa Ct. App. 2024). “8; and one count of preventing apprehension or obstruction of prosecution, in violation of section 719.3(1). The State did not name A.”
In the Interest of S.H., Minor Child, W.B., Father (Iowa Ct. App. 2017). “116(1)(g) (allowing termination if the court finds all of the following: the child 3 We assume the offense of “preventing apprehension” is an alleged violation of Iowa Code section 719.3, an aggravated misdemeanor 4 The father’s petition contends the father testified and…”
State of Iowa v. Jeffrey S. Gundersen (Iowa Ct. App. 2017). “He also maintains the affidavit would not have been admissible at Lucero’s trial.4 First, in spite of Gundersen’s claim otherwise, the State did not have to prove Gundersen’s affidavit in fact obstructed the prosecution of Lucero.”
State of Iowa v. Gary Charles Wood Jr. (Iowa Ct. App. 2021). “Based on those recordings, Wood was charged with obstructing prosecution, an aggravated misdemeanor, in violation of section 719.3(1). The preliminary complaint alleged there was a no-contact order and Wood called the protected party, M.”
State of Iowa v. Roy Lee Garner (Iowa Ct. App. 2023). “3; and obstruction of prosecution or defense, in violation of section 719.3(1). Garner’s plea admitted his involvement in “mutilating, disfiguring, or dismembering a human corpse with the intent to conceal a crime”; “harbor[ing] [Vogel] with the intent to prevent the…”
Berlou Joe Barnard v. State of Iowa (Iowa Ct. App. 2024). “3(1)(b) (2018), for offenses against his granddaughter; and one count of obstructing prosecution for destroying evidence related to those offenses, an aggravated misdemeanor in violation of section 719.3. This court affirmed his convictions on direct appeal.”
State of Iowa v. Clinton Randolph Van Fossen (Iowa Ct. App. 2026). “8; and preventing apprehension or obstructing prosecution, an aggravated misdemeanor in violation of section 719.3(1). Van Fossen pled not guilty and waived his right to a jury trial.”
— Iowa Code § 719.3(1) — 4 cases
State of Iowa v. Clinton R. VanFossen (Iowa Ct. App. 2024). “8; and one count of preventing apprehension or obstruction of prosecution, in violation of section 719.3(1). The State did not name A.”
State of Iowa v. Gary Charles Wood Jr. (Iowa Ct. App. 2021). “Based on those recordings, Wood was charged with obstructing prosecution, an aggravated misdemeanor, in violation of section 719.3(1). The preliminary complaint alleged there was a no-contact order and Wood called the protected party, M.”
State of Iowa v. Roy Lee Garner (Iowa Ct. App. 2023). “3; and obstruction of prosecution or defense, in violation of section 719.3(1). Garner’s plea admitted his involvement in “mutilating, disfiguring, or dismembering a human corpse with the intent to conceal a crime”; “harbor[ing] [Vogel] with the intent to prevent the…”
State of Iowa v. Clinton Randolph Van Fossen (Iowa Ct. App. 2026). “8; and preventing apprehension or obstructing prosecution, an aggravated misdemeanor in violation of section 719.3(1). Van Fossen pled not guilty and waived his right to a jury trial.”
— Iowa Code § 719.3(2) — 1 case
State of Iowa v. Kourtney Shontez Hall (Iowa 2022). “Iowa Code § 719.3 . Hall’s challenge to his convictions presents the question of whether the statute requires proof the witness actually failed to appear when subpoenaed or whether the statute merely criminalizes an offer of an inducement to the witness to fail to appear when…”
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