Iowa Code » Chapter 721 — OFFICIAL MISCONDUCT
Iowa Code

Iowa Code § 721.2 (2026)

Nonfelonious misconduct in office

✓ current as of July 2026
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Any public officer or employee, or any person acting under color of such office or employment, who knowingly does any of the following, commits a serious misdemeanor:

1. Makes any contract which contemplates an expenditure known by the person to be in excess of that authorized by law.

2. Fails to report to the proper officer the receipt or expenditure of public moneys, together with the proper vouchers therefor, when such is required of the person by law.

3. Requests, demands, or receives from another for performing any service or duty which is required of the person by law, or which is performed as an incident of the person’s office or employment, any compensation other than the fee, if any, which the person is authorized by law to receive for such performance.

4. By color of the person’s office and in excess of the authority conferred on the person by that office, requires any person to do anything or to refrain from doing any lawful thing.

5. Uses or permits any other person to use the property owned by the state or any subdivision or agency of the state for any private purpose and for personal gain, to the detriment of the state or any subdivision thereof.

6. Fails to perform any duty required of the person by law.

7. Demands that any public employee contribute or pay anything of value, either directly or indirectly, to any person, organization or fund, or in any way coerces or attempts to coerce any public employee to make any such contributions or payments, except where such contributions or payments are expressly required by law.

8. Permits persons to use the property owned by the state or a subdivision or agency of the state to operate a political phone bank for any of the following purposes:\n\nTue Dec 09 21:55:46 2025 Iowa Code 2026, Chapter 721 (21, 2) §721.2, OFFICIAL MISCONDUCT 2\n\n a. To poll voters on their preferences for candidates or ballot measures at an election; however, this paragraph does not apply to authorized research at an educational institution. b. To solicit funds for a political candidate or organization. c. To urge support for a candidate or ballot measure to voters.

1. [R60, §216, 2184; C73, §3976; C97, §4913; C24, 27, 31, 35, 39, §13313; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §740.11; C79, 81, §721.2]

2. [R60, §216, 2184, 4308 – 4310; C73, §3970 – 3972, 3976; C97, §4909 – 4911, 4913; C24, 27, 31, 35, 39, §13309 – 13311, 13313; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §740.7 – 740.9, 740.11; C79, 81, §721.2]

3. [C51, §2560, 2658; R60, §4167, 4285; C73, §3840, 3950; C97, §1297, 4888; S13, §5028-n; C24, 27, 31, 35, 39, §13304, 13312, 13317, 13318; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §740.1, 740.10, 741.1, 741.2; C79, 81, §721.2]

4. [C51, §2672; R60, §4299, 4305, 4306; C73, §3963, 3969; C97, §4902, 4908; C24, 27, 31, 35, 39, §13305, 13306; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §740.3, 740.4; C79, 81, §721.2]

5. [C35, §13316-e1; C39, §13316.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §740.20; C79, 81, §721.2]

6. [C51, §2657, 2674, 2703, 2800; R60, §4284, 4301, 4345, 4496; C73, §3949, 3965, 4005, 4152; C97, §4887, 4904, 4929, 5150; C24, 27, 31, 35, 39, §13280, 13316, 13338, 13345; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §738.18, 740.19, 742.8, 743.7; C79, 81, §721.2]

7. [C79, 81, §721.2] 87 Acts, ch 221, §35 Referred to in §15.106, 15A.2, 16.13, 901C.3 \n

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1978–2024 · leading case: Nix v. Whiteside, 475 U.S. 157 (1986).
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Nix v. Whiteside, 475 U.S. 157 (1986). · cites it 2× “Relying on DR 7-102(A)(4) of the Iowa Code of Professional Responsibility for Lawyers, which expressly prohibits an attorney from using perjured testimony, and Iowa Code § 721.2 (now Iowa Code § 720.3 (1985)), which criminalizes subornation of perjury, the Iowa court concluded…”
Koenigs v. Mitchell Cnty. Bd. of Supervisors, 659 N.W.2d 589 (Iowa 2003). · cites it 4× “The County also asserts Iowa Code section 721.2(5) makes it illegal for it to clean the ditch and that it vacated the easement.”
Shepard v. Wapello Cnty., Iowa, 250 F. Supp. 2d 1112 (S.D. Iowa 2003). · cites it 4× “Iowa Code § 721.2 (4), prohibiting the use of one’s public office to require another to do something in excess of one’s authority, or requiring another to do an unlawful act; d.”
People v. Feerick, 714 N.E.2d 851 (NY 1999). “…Colo Rev Stat Ann § 18-8-404; Del Code Ann, tit 11, § 1211; Ill Ann Stat, ch 720, § 5/33-3; Ind Code Ann § 35-44-1-2; Iowa Code Ann § 721.2; Kan Stat Ann § 21-3902 (a); Ky Rev Stat Ann § 522.020; Mont Code Ann § 45-7-401; Neb Rev Stat § 28-924; NH Stat Ann § 643:1; NJ Stat Ann…”
Borlin v. Civil Serv. Com'n of Council Bluffs, 338 N.W.2d 146 (Iowa 1983). · cites it 2× “Iowa Code § 721.2 . See also Iowa Code § 68B.”
State v. Whiteside, 272 N.W.2d 468 (Iowa 1978). “§ 721.2, The Code, (now § 720.3, Supplement to the Code, 1977).”
The PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. Franklin Borja CAMACHO, Defendant-Appellant, 103 F.3d 863 (9th Cir. 1996). “§ 35-44-1-2 (West 1995); Iowa Code Ann. § 721.2 (West 1994); Kan. *867 Stat.”
State of New Jersey Vs. Carlia M. Brady (15-05-0240, Somerset Cnty. & Statewide) (Consol.)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “5/33-3 (2017); Iowa Code § 721.2 (2017); Mont. Code Ann.”
State of Iowa v. Iowa Dist. Court For Emmet Cnty. (Iowa 2024). “7; and nonfelonious misconduct in office, in violation of Iowa code sections 721.2(2), 721.2(3), and 721.2(5).”
State of Iowa v. Iowa Dist. Court For Emmet Cnty. (Iowa 2024). “7; and nonfelonious misconduct in office, in violation of Iowa code sections 721.2(2), 721.2(3), and 721.2(5).”
— Iowa Code § 721.2(2) — 2 cases
State of Iowa v. Iowa Dist. Court For Emmet Cnty. (Iowa 2024). “7; and nonfelonious misconduct in office, in violation of Iowa code sections 721.2(2), 721.2(3), and 721.2(5).”
State of Iowa v. Iowa Dist. Court For Emmet Cnty. (Iowa 2024). “7; and nonfelonious misconduct in office, in violation of Iowa code sections 721.2(2), 721.2(3), and 721.2(5).”
— Iowa Code § 721.2(5) — 1 case
Koenigs v. Mitchell Cnty. Bd. of Supervisors, 659 N.W.2d 589 (Iowa 2003). “The County also asserts Iowa Code section 721.2(5) makes it illegal for it to clean the ditch and that it vacated the easement.”
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