As used in this chapter, unless the context otherwise requires:
1. “Criminal acts” means any of the following or any combination of the following:
a. An offense constituting a violation of section 124.401 involving a controlled substance, a counterfeit substance, or a simulated controlled substance.
b. An offense constituting a violation of chapter 711 involving a robbery or extortion.
c. An offense constituting a violation of section 708.6 involving intimidation with a dangerous weapon.
d. An offense constituting a violation of section 708.8.
e. An offense constituting a violation of section 720.4.
f. Any other offense constituting a forcible felony as defined in section 702.11.
g. An offense constituting a violation of chapter 724.
h. Brandishing a dangerous weapon. For purposes of this paragraph:
(1) “Brandishing a dangerous weapon” means the display or exhibition of a dangerous weapon, with the intent to use, intimidate, or threaten another person without justification, or the actual use of the dangerous weapon in a manner which is intended to or does cause serious injury or death without justification.
(2) “Dangerous weapon” means either of the following:
(a) An instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and that is capable of inflicting death upon a human being when used in the manner for which it was designed.
(b) An instrument or device of any sort whatsoever that is actually used in a manner that indicates the defendant intends to inflict death or serious injury upon another person without justification, and that, when so used, is capable of inflicting death or serious injury upon a human being.
2. “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
3. “Pattern of criminal gang activity” means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang. 90 Acts, ch 1251, §57; 95 Acts, ch 191, §51; 96 Acts, ch 1134, §10; 97 Acts, ch 119, §1, 2, 4; 2002 Acts, ch 1075, §9 Subsection 1, paragraph h affirmed and reenacted effective May 6, 1997; legislative findings; 97 Acts, ch 119, §1, 2, 4 \n
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1992–2024 · leading case:
State v. Lewis, 514 N.W.2d 63 (Iowa 1994).
State v. Lewis, 514 N.W.2d 63 (Iowa 1994).
· cites it 16× “The State strenuously argues that punishment for criminal gang participation, as a class D felony, is the same or less severe than is authorized for many of the crimes listed in section 723A.1 as the “criminal act” or underlying offense for criminal gang participation as defined…”
In the Interest of C.T., 521 N.W.2d 754 (Iowa 1994).
· cites it 3× “§ 723A.1(1). Forcible felonies include assault.”
Taylor v. State, 76 A.3d 791 (Del. 2013).
“2d 430 (Iowa 1993) (upholding Iowa's gang statute, Iowa Code Ann. §§ 723A.1 et seq., against facial challenge for vagueness); State v.”
State v. Walker, 506 N.W.2d 430 (Iowa 1993).
· cites it 2× “” In his challenge, Walker points only to these words and ignores the definitions provided for them in section 723A.1. These definitions include “criminal street gang” which is (1) any ongoing organization, association, or group of three or more persons, whether formal or…”
State v. Browne, 494 N.W.2d 241 (Iowa 1992).
· cites it 5× “Iowa Code § 723A.1(2). A “pattern of criminal gang activity” is defined as the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members…”
State of Iowa v. Jacob Antero Trujillo (Iowa Ct. App. 2020).
· cites it 2× “§ 723A.1(2) (emphasis added). And a “pattern of criminal gang activity” is defined as “the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who…”
State of Iowa v. Dantrell Akeem Jacobbie Matthews (Iowa Ct. App. 2020).
“4 (2017), and criminal gang participation, in violation of Iowa Code sections 723A.1 and .2. Matthews argues there was insufficient evidence to support conviction on both charges and his counsel was ineffective in failing to challenge (1) specific elements of both charges and…”
— Iowa Code § 723A.1(1) — 2 cases
State v. Lewis, 514 N.W.2d 63 (Iowa 1994).
“The State strenuously argues that punishment for criminal gang participation, as a class D felony, is the same or less severe than is authorized for many of the crimes listed in section 723A.1 as the “criminal act” or underlying offense for criminal gang participation as defined…”
— Iowa Code § 723A.1(2) — 6 cases
State v. Lewis, 514 N.W.2d 63 (Iowa 1994).
“The State strenuously argues that punishment for criminal gang participation, as a class D felony, is the same or less severe than is authorized for many of the crimes listed in section 723A.1 as the “criminal act” or underlying offense for criminal gang participation as defined…”
State v. Browne, 494 N.W.2d 241 (Iowa 1992).
“Iowa Code § 723A.1(2). A “pattern of criminal gang activity” is defined as the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members…”
— Iowa Code § 723A.1(3) — 4 cases
State v. Lewis, 514 N.W.2d 63 (Iowa 1994).
“The State strenuously argues that punishment for criminal gang participation, as a class D felony, is the same or less severe than is authorized for many of the crimes listed in section 723A.1 as the “criminal act” or underlying offense for criminal gang participation as defined…”
State v. Browne, 494 N.W.2d 241 (Iowa 1992).
“Iowa Code § 723A.1(2). A “pattern of criminal gang activity” is defined as the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members…”
State of Iowa v. Jacob Antero Trujillo (Iowa Ct. App. 2020).
“§ 723A.1(2) (emphasis added). And a “pattern of criminal gang activity” is defined as “the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who…”
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.