Iowa Code » Chapter 723A — CRIMINAL STREET GANGS
Iowa Code

Iowa Code § 723A.2 (2026)

Criminal gang participation

✓ current as of July 2026
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A person who actively participates in or is a member of a criminal street gang and who willfully aids and abets any criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang, commits a class “D” felony. 90 Acts, ch 1251, §58 Referred to in §232.8

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Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1992–2022 · leading case: State v. Lewis, 514 N.W.2d 63 (Iowa 1994).
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State v. Lewis, 514 N.W.2d 63 (Iowa 1994). · cites it 8× “See Iowa Code § 723A.2. Count III charged Lewis with unauthorized possession of an offensive weapon.”
State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2015). “04 ; Iowa Code Ann. § 723A.2; Minn.Stat. Ann. § 609.”
State v. Terry, 569 N.W.2d 364 (Iowa 1997). · cites it 2× “401, subsection 1, paragraph “e” or “f,” or violations of section 723A.2 which involve a violation of chapter 724, or violation of chapter 724 which constitutes a felony, or violations which constitute a forcible felony are excluded from the jurisdiction of the juvenile court…”
Brianna Stephenson v. Davenport Cmty. Sch. Dist. Davenport Cmty. Sch. Bd. Jim Foy, Individually William Rettko, Individually, 110 F.3d 1303 (8th Cir. 1997). “Iowa Code § 723A.2 and § 723A.3 (1993). The definition in the Iowa Code withstood constitutional challenge on vagueness grounds in state court.”
State v. Mann, 602 N.W.2d 785 (Iowa 1999). “§ 723A.2, first-degree kidnapping, see id.”
In the Interest of C.T., 521 N.W.2d 754 (Iowa 1994). · cites it 3× “§ 723A.2. The juvenile court found that C.”
State v. Gay, 526 N.W.2d 294 (Iowa 1995). · cites it 2× “6 (1991), and one count of criminal gang participation in violation of Iowa Code section 723A.2. Gay posted bail by filing a $6500 surety bond in which he agreed to appear before the Scott County District Court to answer the charges.”
State v. Walker, 506 N.W.2d 430 (Iowa 1993). · cites it 2× “2, such a person will be found guilty of a class “D” felony if he or she (1) “participates or is a member of a criminal street gang” and (2) “willfully aids and abets any criminal act committed for the benefit of, at the direction of, or in association with any criminal street…”
State v. Browne, 494 N.W.2d 241 (Iowa 1992). · cites it 4× “Iowa Code § 723A.2 (1991). For purposes of applying this statute, a “criminal street gang” is defined as 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…”
State of Iowa v. Jacob Antero Trujillo (Iowa Ct. App. 2020). · cites it 6× “” Iowa Code § 723A.2 (emphasis added). A “criminal street gang” is defined as an 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…”
State of Iowa v. John Eddie Hanes, III (Iowa 2022). · cites it 4× “” Iowa Code § 723A.2 (2021). In the guilty plea presented to the district court, Hanes admitted to having “willfully aided and abetted a criminal act, that is, felon in possession of a firearm.”
State of Iowa v. John Eddie Hanes, III (Iowa 2022). · cites it 4× “” Iowa Code § 723A.2 (2021). In the guilty plea presented to the district court, Hanes admitted to having “willfully aided and abetted a criminal act, that is, felon in possession of a firearm.”
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