Iowa Code

Iowa Code § 720.6 (2026)

Malicious prosecution

✓ Iowa Code 2026 (laws through the 2025 session)
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A person who causes or attempts to cause another to be indicted or prosecuted for any public offense, having no reasonable grounds for believing that the person committed the offense commits a serious misdemeanor. [C51, §2757; R60, §4407; C73, §4086; C97, §5058; C24, 27, 31, 35, 39, §13163; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §719.2; C79, 81, §720.6]

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Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2014–2022 · leading case: State of Iowa v. Darrell Allen Showens, 845 N.W.2d 436 (Iowa 2014).
State of Iowa v. Darrell Allen Showens, 845 N.W.2d 436 (Iowa 2014). “§ 720.6. We also allow the determination of whether a defendant has a “dangerous weapon,” which often has a tremendous impact on the available criminal penalties, to depend in certain instances on the apparent purpose as opposed to the actual purpose with which an instrument is…”
State of Iowa v. Felicia Mae Wilson, A/K/A Felicia Mae Klein, No. 15-1141 (Iowa Ct. App. Apr. 6, 2016). · cites it 5× “6(1) (2013), and one count of malicious prosecution, in violation of Iowa Code section 720.6. Wilson pled guilty to both charges on June 22, 2015, 1 Upon her arrest, the deputy reported Wilson stated to him that she did have bruises.”
State of Iowa v. Dustin D. Gilliam, 949 N.W.2d 255 (Iowa Ct. App. 2020). · cites it 4× “Upon discovering that Dustin had misidentified himself as Joshua, Officer Hadsall charged Dustin Gilliam with malicious prosecution in violation of Iowa Code section 720.6 (2018) under case number SRCR320116.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Andrew Aeilts, 974 N.W.2d 119 (Iowa 2022). · cites it 2× “On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.”
State of Iowa v. Oleaf Teoh, 957 N.W.2d 40 (Iowa Ct. App. 2021). “§ 720.6. The court instructed the jury that the State had to prove Teoh caused or attempted to cause another to be indicted or prosecuted for a public offense without reasonable grounds to believe that the person committed the offense.”
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