1. A person commits a simple misdemeanor when the person does any of the following:
a. Engages in fighting or violent behavior in any public place or in or near any lawful
assembly of persons, provided, that participants in athletic contests may engage in such
conduct which is reasonably related to that sport.
b. Makes loud and raucous noise in the vicinity of any residence or public building which
intentionally or recklessly causes unreasonable distress to the occupants thereof.
c. Directs abusive epithets or makes any threatening gesture which the person knows or
reasonably should know is likely to provoke a violent reaction by another.
d. Without lawful authority or color of authority, the person disturbs any lawful assembly
or meeting of persons by conduct intended to disrupt the meeting or assembly.
e. By words or action, initiates or circulates a report or warning of fire, epidemic, or other
catastrophe, knowing such report to be false or such warning to be baseless.
f. (1) Knowingly and publicly uses the flag of the United States in such a manner as to
show disrespect for the flag as a symbol of the United States, with the intent or reasonable
expectation that such use will provoke or encourage another to commit trespass or assault.
(2) As used in this paragraph:\n\nTue Dec 09 21:55:43 2025 Iowa Code 2026, Chapter 723 (20, 0)
§723.4, PUBLIC DISORDER 2\n\n (a) “Deface” means to intentionally mar the external appearance.
(b) “Defile” means to intentionally make physically unclean.
(c) “Flag” means a piece of woven cloth or other material designed to be flown from a
pole or mast.
(d) “Mutilate” means to intentionally cut up or alter so as to make imperfect.
(e) “Show disrespect” means to deface, defile, mutilate, or trample.
(f) “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle,
or animal to tread upon.
(3) This paragraph does not apply to a flag retirement ceremony conducted pursuant to
federal law.
2. A person commits a serious misdemeanor when the person, without lawful authority
or color of authority, obstructs any street, sidewalk, highway, or other public way, with the
intent to prevent or hinder its lawful use by others.
3. A person commits an aggravated misdemeanor when the person commits disorderly
conduct as described in subsection 2 and does any of the following:
a. Obstructs or attempts to obstruct a fully controlled-access facility on a highway, street,
or road in which the speed restriction is controlled by section 321.285, subsection 3, or section
321.285, subsection 5.
b. Commits property damage.
c. Is present during an unlawful assembly as defined in section 723.2.
4. A person commits a class “D” felony when the person commits disorderly conduct as
described in subsection 2 and does any of the following:
a. Is present during a riot as defined in section 723.1.
b. Causes bodily injury.
5. A person commits a class “C” felony when the person commits disorderly conduct as
described in subsection 2 and the person causes serious bodily injury or death.
[C51, §2718, 2738, 2742; R60, §1768, 4360, 4386, 4390; C73, §1566, 4023, 4065, 4069; C97,
§2468, 4959, 5029, 5033, 5034; S13, §2468, 5034; C24, 27, 31, 35, 39, §13110, 13111, 13221,
13226, 13348, 13349; C46, 50, 54, 58, 62, 66, §714.31, 714.32, 727.1, 728.1, 744.1, 744.2; C71,
73, 75, 77, §714.31, 714.32, 714.42, 727.1, 728.1, 744.1, 744.2; C79, 81, §723.4]
88 Acts, ch 1093, §1; 2007 Acts, ch 202, §15; 2010 Acts, ch 1061, §82; 2021 Acts, ch 15, §1;
2021 Acts, ch 183, §46, 48
\n
Notes of Decisions
Cited in
31
cases (
9 in the last 5 years), 1983–2025 · leading case:
Phelps v. Powers, 63 F. Supp. 3d 943 (S.D. Iowa 2014).
Phelps v. Powers, 63 F. Supp. 3d 943 (S.D. Iowa 2014).
· cites it 20× “Iowa Code § 723.4 (6) (hereinafter “flag misuse statute”).”
McCabe v. MacAulay, 551 F. Supp. 2d 771 (N.D. Iowa 2007).
· cites it 8× “Iowa Code § 723.4 Iowa Code section 723.4 provides that “[a] person commits a simple misdemeanor when .”
State of Iowa v. Tina Lynn Thacker, 862 N.W.2d 402 (Iowa 2015).
· cites it 2× “§ 723.4(2). On February 7, 2014, the charges were disposed of when Thacker pled guilty to the lesser included offense of second-degree harassment, a serious misdemeanor, and received a one-year suspended sentence and probation.”
Roe v. Milligan, 479 F. Supp. 2d 995 (S.D. Iowa 2007).
· cites it 8× “Iowa Code § 723.4 (6) (hereinafter “flag misuse statute”).”
Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard, & Adam Olson Deputy Sheriff Luke Hruby Reserve Deputy Sheriff Joshua Gersten the City of North Liberty, Iowa & Johnson Cnty., Iowa, 838 N.W.2d 518 (Iowa 2013).
· cites it 2× “1, Interference with Official Acts, and Iowa Code Section 723.4, Disorderly Conduct. 5.The Defendants’ actions while on duty that evening involved enforcing the laws of the State of Iowa, and the charges filed against Thomas were for violating state law and were brought and…”
State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015).
· cites it 2× “§ 723.4(2) (prohibiting "loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof"); id.”
Larenzo Irvin v. Tyler Richardson, 20 F.4th 1199 (8th Cir. 2021).
“First, while the investigating officers’ primary focus was understandably the gun, the reported disturbance potentially involved violations of numerous Iowa criminal offenses -- disturbing the peace, Iowa Code § 723.4 (2) -6- (2010); using dangerous weapon, § 724.”
State v. Booth, 670 N.W.2d 209 (Iowa 2003).
· cites it 2× “§ 723.4(1) (disorderly conduct); id. § 724.”
Leventhal v. Schaffer, 612 F. Supp. 2d 1026 (N.D. Iowa 2009).
· cites it 8× “Leventhal was arrested for allegedly violating Iowa’s disorderly conduct statute, Iowa Code § 723.4 . Schaffer arrested Leventhal for allegedly violating section 3 of this statute, which states: A person commits a simple misdemean- or when the person does any of the following: 3.”
State v. Hardin, 498 N.W.2d 677 (Iowa 1993).
· cites it 2× “We believe that under these circumstances the State proved that Hardin intentionally disrupted this assembly and that his doing so exceeded any authority he might lawfully claim under the free speech provisions of our state and federal Constitutions.”
McCabe v. Parker, 608 F.3d 1068 (8th Cir. 2010).
“I, 8 Iowa Code § 723.4 , 9 and Iowa Code § 321.”
State v. Bauer, 337 N.W.2d 209 (Iowa 1983).
· cites it 2× “Such a demonstration might now violate section 723.4(4) (disorderly conduct). See 4 J.”
— Iowa Code § 723.4(1) — 9 cases
State v. Booth, 670 N.W.2d 209 (Iowa 2003).
“§ 723.4(1) (disorderly conduct); id. § 724.”
— Iowa Code § 723.4(1)(b) — 1 case
— Iowa Code § 723.4(1)(c) — 1 case
— Iowa Code § 723.4(2) — 3 cases
State of Iowa v. Tina Lynn Thacker, 862 N.W.2d 402 (Iowa 2015).
“§ 723.4(2). On February 7, 2014, the charges were disposed of when Thacker pled guilty to the lesser included offense of second-degree harassment, a serious misdemeanor, and received a one-year suspended sentence and probation.”
State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015).
“§ 723.4(2) (prohibiting "loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof"); id.”
— Iowa Code § 723.4(3) — 1 case
State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015).
“§ 723.4(2) (prohibiting "loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof"); id.”
— Iowa Code § 723.4(4) — 2 cases
State v. Hardin, 498 N.W.2d 677 (Iowa 1993).
“We believe that under these circumstances the State proved that Hardin intentionally disrupted this assembly and that his doing so exceeded any authority he might lawfully claim under the free speech provisions of our state and federal Constitutions.”
State v. Bauer, 337 N.W.2d 209 (Iowa 1983).
“Such a demonstration might now violate section 723.4(4) (disorderly conduct). See 4 J.”
— Iowa Code § 723.4(6) — 2 cases
Phelps v. Powers, 63 F. Supp. 3d 943 (S.D. Iowa 2014).
“Iowa Code § 723.4 (6) (hereinafter “flag misuse statute”).”
Roe v. Milligan, 479 F. Supp. 2d 995 (S.D. Iowa 2007).
“Iowa Code § 723.4 (6) (hereinafter “flag misuse statute”).”
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.