Iowa Code

Iowa Code § 719.4 (2026)

Escape or absence from custody

✓ current as of July 2026
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1. A person convicted of a felony, or charged with or arrested for the commission of a felony, who intentionally escapes, or attempts to escape, from a detention facility, community-based correctional facility, or institution to which the person has been committed by reason of the conviction, charge, or arrest, or from the custody of any public officer, public employee, or any other person to whom the person has been entrusted, commits a class “D” felony. 2. A person convicted of, charged with, or arrested for a misdemeanor, who intentionally escapes, or attempts to escape, from a detention facility, community-based correctional facility, or institution to which the person has been committed by reason of the conviction, charge, or arrest, or from the custody of any public officer, public employee, or any other person to whom the person has been entrusted, commits a serious misdemeanor. 3. A person who has been committed to an institution under the control of the Iowa department of corrections, to a community-based correctional facility, or to a jail or correctional institution, who knowingly and voluntarily is absent from a place where the person is required to be, commits a serious misdemeanor.

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Tue Dec 09 21:55:48 2025 Iowa Code 2026, Chapter 719 (30, 0) 3 OBSTRUCTING JUSTICE, §719.7\n\n 4. A person who flees from the state to avoid prosecution for a public offense which is a felony or aggravated misdemeanor commits a class “D” felony. 5. Except for subsection 4, an offense committed under this section includes any offense committed wholly outside the state. [C51, §2668; R60, §4295; C73, §3959; C97, §4898; S13, §4897-a, 4898; C24, 27, 31, 35, 39, §13351, 13353, 13358; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §745.1, 745.3, 745.8; C79, 81, §719.4; 82 Acts, ch 1082, §1] 83 Acts, ch 96, §119, 159; 86 Acts, ch 1040, §1; 86 Acts, ch 1238, §30; 99 Acts, ch 182, §3; 2000 Acts, ch 1037, §1, 2 Referred to in §356A.3, 901.8

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Notes of Decisions
Cited in 79 cases (11 in the last 5 years), 1978–2026 · leading case: State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014).
State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014). · cites it 109× “” Iowa Code § 719.4 (3). In comparing the elements of the two crimes, Miller argues the instruction he proposed reveals absence from custody 13 was a lesser included offense of escape.”
State v. Francois, 577 N.W.2d 417 (Iowa 1998). · cites it 56× “See Iowa Code §§ 719.4 (3) (absence from custody), 802.”
State v. Tate, 710 N.W.2d 237 (Iowa 2006). · cites it 8× “8 ("If a person is sentenced for escape under section 719.4 ... the sentencing judge shall order the sentence to begin at the expiration of any existing sentence.”
State v. Burtlow, 299 N.W.2d 665 (Iowa 1980). · cites it 21× “Defendant was charged by trial information with escape from custody in violation of section 719.4. That statute establishes four escape offenses: 1.”
State v. Conner, 314 N.W.2d 427 (Iowa 1982). · cites it 18× “He appeals, contending the trial court erred in: (1) admitting into evidence exhibits showing the pri- or pending charge of first-degree robbery; (2) overruling his objection to testimony of a witness concerning matters not contained in the minutes of testimony; (3) refusing to…”
State v. Breitbach, 488 N.W.2d 444 (Iowa 1992). · cites it 14× “See Iowa Code § 719.4 (1) (prohibiting intentional escape from the custody of a public officer to whom one has been entrusted as a consequence of felony arrest).”
State v. Wagner, 596 N.W.2d 83 (Iowa 1999). · cites it 14× “The State of Iowa then charged Wagner with escape in violation of Iowa Code section 719.4(1). [1] Wagner filed a motion to dismiss, claiming that the offense charged was not punishable under the laws of Iowa because the alleged crime occurred in Texas.”
State v. Smith, 291 N.W.2d 25 (Iowa 1980). · cites it 26× “If a person is sentenced for escape under section 719.4 or for a crime committed while confined in a detention facility or penal institution, the sentencing judge shall order the sentence to begin at the expiration of any existing sentence.”
State v. Gleason, 431 N.W.2d 363 (Iowa 1988). · cites it 46× “Gleason was thereafter convicted of violating Iowa Code section 719.4(4) (1985), which provides: A person who flees from the state to avoid prosecution for a public offense which is a felony or aggravated misdemeanor commits a class "D" felony.”
State of Iowa v. Demetrius S. Rimmer v. Rona Murphy v. Melonicka Thomas, 877 N.W.2d 652 (Iowa 2016). · cites it 4× “at 86 (quoting Iowa Code § 719.4 (1) (1995)).s We observed the first element of.”
State of Iowa v. Curtis Vance Halverson, 857 N.W.2d 632 (Iowa 2015). · cites it 4× “Similarly, under Iowa Code section 719.4(3), unauthorized absence is a serious misdemeanor for a person who has been committed to “an institution under the control of the Iowa department of corrections, to a community-based correctional facility, or to a jail or correctional…”
State Of Iowa Vs. Jason Allen Wing, 791 N.W.2d 243 (Iowa 2010). · cites it 4× “14 (and their predecessors) are not used solely to determine whether a person has been arrested for speedy indictment purposes.”
— Iowa Code § 719.4(1) — 26 cases
State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014). “” Iowa Code § 719.4 (3). In comparing the elements of the two crimes, Miller argues the instruction he proposed reveals absence from custody 13 was a lesser included offense of escape.”
State v. Conner, 314 N.W.2d 427 (Iowa 1982). “He appeals, contending the trial court erred in: (1) admitting into evidence exhibits showing the pri- or pending charge of first-degree robbery; (2) overruling his objection to testimony of a witness concerning matters not contained in the minutes of testimony; (3) refusing to…”
State v. Wagner, 596 N.W.2d 83 (Iowa 1999). “The State of Iowa then charged Wagner with escape in violation of Iowa Code section 719.4(1). [1] Wagner filed a motion to dismiss, claiming that the offense charged was not punishable under the laws of Iowa because the alleged crime occurred in Texas.”
State v. Breitbach, 488 N.W.2d 444 (Iowa 1992). “See Iowa Code § 719.4 (1) (prohibiting intentional escape from the custody of a public officer to whom one has been entrusted as a consequence of felony arrest).”
State v. Smith, 291 N.W.2d 25 (Iowa 1980). “If a person is sentenced for escape under section 719.4 or for a crime committed while confined in a detention facility or penal institution, the sentencing judge shall order the sentence to begin at the expiration of any existing sentence.”
— Iowa Code § 719.4(2) — 6 cases
State of Iowa v. Jackie Dean Knight, 853 N.W.2d 273 (Iowa Ct. App. 2014).
State v. Rodenburg, 562 N.W.2d 186 (Iowa 1997).
State of Iowa v. Chad Edward Berry (Iowa Ct. App. 2014).
State of Iowa v. Marc Christopher Plettenberg, 919 N.W.2d 635 (Iowa Ct. App. 2018).
— Iowa Code § 719.4(3) — 32 cases
State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014). “” Iowa Code § 719.4 (3). In comparing the elements of the two crimes, Miller argues the instruction he proposed reveals absence from custody 13 was a lesser included offense of escape.”
State v. Francois, 577 N.W.2d 417 (Iowa 1998). “See Iowa Code §§ 719.4 (3) (absence from custody), 802.”
State v. Tate, 710 N.W.2d 237 (Iowa 2006). “8 ("If a person is sentenced for escape under section 719.4 ... the sentencing judge shall order the sentence to begin at the expiration of any existing sentence.”
State of Iowa v. Curtis Vance Halverson, 857 N.W.2d 632 (Iowa 2015). “Similarly, under Iowa Code section 719.4(3), unauthorized absence is a serious misdemeanor for a person who has been committed to “an institution under the control of the Iowa department of corrections, to a community-based correctional facility, or to a jail or correctional…”
State v. McKettrick, 480 N.W.2d 52 (Iowa 1992).
— Iowa Code § 719.4(4) — 6 cases
State v. Gleason, 431 N.W.2d 363 (Iowa 1988). “Gleason was thereafter convicted of violating Iowa Code section 719.4(4) (1985), which provides: A person who flees from the state to avoid prosecution for a public offense which is a felony or aggravated misdemeanor commits a class "D" felony.”
State v. Gavin, 328 N.W.2d 501 (Iowa 1983).
State of Iowa v. Joshua Jarrett (Iowa Ct. App. 2018).
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.