1. If the periods prescribed in sections 802.3 and 802.4 have expired, prosecution may nevertheless be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than five years.
2. A prosecution may be commenced under this section as long as the appropriate law enforcement agency has not delayed the investigation in bad faith. This subsection shall not be construed to require a law enforcement agency to pursue an unknown offender with due diligence. [C79, 81, §802.5; 81 Acts, ch 204, §11] 2003 Acts, ch 108, §115; 2019 Acts, ch 140, §27 \n
Notes of Decisions
State of Iowa v. Eddie Tipton, 897 N.W.2d 653 (Iowa 2017).
· cites it 147× “” See Iowa Code § 802.5 . Yet, in Wilson, we quoted Bumpus and included a parenthetical on Bumpus indicating probable cause existed against a particular defendant.”
State v. Wilson, 573 N.W.2d 248 (Iowa 1998).
· cites it 84× “The State resisted and filed a motion to amend, alleging the one-year extension under Iowa Code section 802.5 for crimes of fraud saved the prosecution.”
State of Iowa v. Daniel Logan Walden, 870 N.W.2d 842 (Iowa 2015).
· cites it 2× “The legislature codified a discovery rule for fraud cases in Iowa Code section 802.5. In State v. Wilson, we declined to extend that discovery rule to a charge of theft by taking because the element of fraud was missing.”
State v. Green, 2005 UT 9 (Utah 2005).
“, Iowa Code § 802.5 (2003) (extending Iowa’s three-year limitations period by one year for prosecution of crimes of fraud where the prosecution is commenced within one year after discovery of the offense); Nev.”
State v. Jackson, 90 P.3d 793 (Ariz. Ct. App. 2004).
“Another statute, however, Iowa Code § 802.5 , permitted commencement of prosecution for certain fraud-related crimes “ ‘within one year after discovery of the offense.”
State of Iowa v. Eddie Tipton (Iowa Ct. App. 2016).
· cites it 2× “” Iowa Code § 802.5 . “‘[D]iscovery’ . . . occurs when the authorities know or should know in the exercise of reasonable diligence that there is probable cause to believe a criminal fraud has been committed.”
State of Iowa v. Daniel Logan Walden (Iowa 2015).
· cites it 2× “The legislature codified a discovery rule for fraud cases in Iowa Code section 802.5. In State v. Wilson, we declined to extend that discovery rule to a charge of theft by taking because the element of fraud was missing.”
State of Arizona v. John William Jackson (Ariz. Ct. App. 2004).
“Another statute, however, Iowa Code § 802.5 , permitted commencement of prosec ution for ce rtain fraud-re lated crimes “‘with in one year after discovery of the offense.”
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