For the purposes of Title XVI,* unless the context otherwise requires:
1. The words “accused person”, “accused”, “defendant”, and similar words mean an
individual, a public or private corporation, a partnership, or an unincorporated or voluntary
association.
2. “Attorney general” includes an authorized assistant of the attorney general.
3. “Charge” means a written statement presented to a court accusing a person of the
commission of a public offense, including but not limited to a complaint, information, or
indictment.
4. “Complaint” means a statement in writing, under oath or affirmation, made before a
magistrate or district court clerk or clerk’s designee as the case may be, of the commission of
a public offense, and accusing someone of committing the public offense. A complaint shall
be substantially in the form provided in the Iowa rules of criminal procedure.
5. “County attorney” includes an authorized assistant of the county attorney.
6. “Court” means a place where justice is administered by a magistrate and includes such
magistrate while acting in a judicial capacity.
7. “Criminal proceeding” is a proceeding in which a person is accused of a public offense.
8. “Indictable offense” means an offense other than a simple misdemeanor.
9. “Indigent person” means a person who is indigent as determined in accordance with
section 815.9.
10. “Magistrate” means all judges of the district court, including district associate judges
and judicial magistrates throughout the state.
11. “Peace officers”, sometimes designated “law enforcement officers”, include:
a. Sheriffs and their regular deputies who are subject to mandated law enforcement
training.
\n
Tue Dec 09 21:54:30 2025 Iowa Code 2026, Chapter 801 (19, 0)
§801.4, CRIMINAL PROCEDURE SCOPE AND DEFINITIONS 2\n\n b. Marshals and police officers of cities.
c. Peace officer members of the department of public safety as defined in chapter 80.
d. Parole officers acting pursuant to section 906.2.
e. Probation officers acting pursuant to section 602.7202, subsection 4, and section 907.2.
f. Special security officers employed by board of regents institutions as set forth in section
262.13.
g. Conservation officers as authorized by section 456A.13.
h. Such employees of the department of transportation as are designated “peace officers”
by resolution of the department under section 321.477.
i. Employees of an aviation authority designated as “peace officers” by the authority under
section 330A.8, subsection 16.
j. Such persons as may be otherwise so designated by law.
12. “Prosecuting attorney”, sometimes designated “prosecutor”, means any attorney who
is authorized by law to appear on the behalf of the state in a criminal case, and includes
the attorney general, an assistant attorney general, the county attorney, an assistant county
attorney, or a special or substitute prosecutor whose appearance is approved by a court having
jurisdiction to try the defendant for the offense with which the defendant is charged. In the
case of prosecution for a municipal ordinance violation, “prosecuting attorney” means a city
attorney or an assistant city attorney.
13. “Prosecution” means the commencement, including the filing of a complaint, and
continuance of a criminal proceeding, and pursuit of that proceeding to final judgment on
behalf of the state or other political subdivision.
[C51, §2778, 2822, 2823, 2830; R60, §4439, 4440, 4447, 4530; C73, §4108, 4109, 4111; C97,
§5097, 5099, 5101; C24, 27, 31, 35, 39, §13403, 13405, 13458; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, §748.1, 748.3, 754.1; C79, 81, S81, §801.4; 81 Acts, ch 117, §1240]
83 Acts, ch 186, §10129, 10130, 10201; 84 Acts, ch 1019, §1, 2; 89 Acts, ch 182, §11; 90 Acts,
ch 1233, §43
Referred to in §7.10, 8A.363, 9E.2, 70A.9, 80F.2, 80G.1, 80H.1, 123.46, 125.2, 135.190A, 147A.1, 169.4, 229.1, 233.1, 235F.1, 279.84, 321.1,
321.176A, 321.178, 321.224, 321.231B, 321.279, 321.484, 321.492, 321.513, 321L.4, 330A.8, 331.604, 331.756(76)(d), 351.45, 351.46, 422.12P,
453A.2, 453A.52C, 509A.13C, 707.11, 721.12, 804.7, 804.7A, 804.7B, 811.1
*This provision does not include chapters 709A, 718A, 822, 904, 913, and 914, which were moved into Title XVI by the Code editor.
Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters.
\n
Notes of Decisions
State of Iowa v. Jeremy M. Werner, 919 N.W.2d 375 (Iowa 2018).
· cites it 11× “" Iowa Code § 801.4 (11)( h ). The latter states, "A peace officer is authorized to stop a vehicle to require exhibition of the driver's license of the driver, [and] to serve a summons or memorandum of traffic violation.”
State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011).
· cites it 4× “For purposes of this section, “peace officer” means those officers designated under section 801.4, subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.”
State v. Dudley, 766 N.W.2d 606 (Iowa 2009).
· cites it 3× “” Iowa Code § 801.4 (13). We must determine, then, whether the postacquittal proceedings that are the subject of this appeal occurred prior to “final judgment on behalf of the state.”
McElroy v. State, 637 N.W.2d 488 (Iowa 2001).
· cites it 4× “1, at 569, § 801.4, at 578 (1998) [hereinafter Iowa Practice ]; John W.”
State v. Gleason, 431 N.W.2d 363 (Iowa 1988).
· cites it 40× “Iowa Code § 801.4 (12) (1985). It is Gleason's contention that application of this definition to section 719.”
State v. Palmer, 554 N.W.2d 859 (Iowa 1996).
· cites it 5× “In contrast, a “peace officer” for purposes of chapter 321 is defined more expansively to include “every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in addition to its meaning in section 801.4.” Id. § 321.1(50). Iowa…”
Child. v. Burton, 331 N.W.2d 673 (Iowa 1983).
· cites it 4× “Iowa Code § 801.4 (13) (indictable offense is an offense other than a simple misdemeanor).”
State of Iowa v. Marc A. Hagen, 840 N.W.2d 140 (Iowa 2013).
· cites it 2× “Hagen’s interpretation of “victim” would deprive state agencies, like the department, of the entitlement to restitution granted to all other crime victims.”
State v. Moorhead, 308 N.W.2d 60 (Iowa 1981).
· cites it 4× “Section 801.4(11), The Code 1979, provides: “Complaint” means a statement in writing, under oath or affirmation, made before a magistrate or district court clerk or clerk’s deputy as the case may be, of the commission of a public offense, and accusing someone thereof.”
Michael Jefferson v. Iowa Dist. Court for Scott Cnty., 926 N.W.2d 519 (Iowa 2019).
· cites it 2× “In Dudley , we pointed out that the Iowa Constitution guarantees the right to counsel "in all criminal prosecutions," and that section 801.4(13) defines a "prosecution" as ending at "final judgment on behalf of the state.”
— Iowa Code § 801.4(11) — 4 cases
State of Iowa v. Jeremy M. Werner, 919 N.W.2d 375 (Iowa 2018).
“" Iowa Code § 801.4 (11)( h ). The latter states, "A peace officer is authorized to stop a vehicle to require exhibition of the driver's license of the driver, [and] to serve a summons or memorandum of traffic violation.”
State v. Moorhead, 308 N.W.2d 60 (Iowa 1981).
“Section 801.4(11), The Code 1979, provides: “Complaint” means a statement in writing, under oath or affirmation, made before a magistrate or district court clerk or clerk’s deputy as the case may be, of the commission of a public offense, and accusing someone thereof.”
State v. Palmer, 554 N.W.2d 859 (Iowa 1996).
“In contrast, a “peace officer” for purposes of chapter 321 is defined more expansively to include “every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in addition to its meaning in section 801.4.” Id. § 321.1(50). Iowa…”
— Iowa Code § 801.4(11)(a) — 1 case
— Iowa Code § 801.4(11)(h) — 1 case
— Iowa Code § 801.4(12) — 4 cases
State v. Gleason, 431 N.W.2d 363 (Iowa 1988).
“Iowa Code § 801.4 (12) (1985). It is Gleason's contention that application of this definition to section 719.”
— Iowa Code § 801.4(13) — 6 cases
State v. Dudley, 766 N.W.2d 606 (Iowa 2009).
“” Iowa Code § 801.4 (13). We must determine, then, whether the postacquittal proceedings that are the subject of this appeal occurred prior to “final judgment on behalf of the state.”
Michael Jefferson v. Iowa Dist. Court for Scott Cnty., 926 N.W.2d 519 (Iowa 2019).
“In Dudley , we pointed out that the Iowa Constitution guarantees the right to counsel "in all criminal prosecutions," and that section 801.4(13) defines a "prosecution" as ending at "final judgment on behalf of the state.”
— Iowa Code § 801.4(3) — 1 case
— Iowa Code § 801.4(4) — 1 case
— Iowa Code § 801.4(7) — 2 cases
— Iowa Code § 801.4(7)(b) — 1 case
— Iowa Code § 801.4(7)(h) — 1 case
— Iowa Code § 801.4(8) — 3 cases
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.