Iowa Code » Chapter 802 — LIMITATION OF CRIMINAL ACTIONS
Iowa Code

Iowa Code § 802.6 (2026)

Periods excluded from limitation

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. When a person leaves the state, the indictment or information may be found within the period of limitation prescribed in this chapter after the person’s coming into the state, and no period during which the party charged was not publicly resident within the state is a part of the limitation.

2. The time within which an indictment or information must be found shall not include the time during which the defendant is a public officer or employee and the offense arises from misconduct relating to the duties and trust of that office or employment. [C51, §2814; R60, §4516; C73, §4169; C97, §5167; C24, 27, 31, 35, 39, §13446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §752.5; C79, 81, §802.6] 2002 Acts, ch 1116, §1; 2020 Acts, ch 1063, §379 \n

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1991–2023 · leading case: State of Iowa v. Eddie Tipton, 897 N.W.2d 653 (Iowa 2017).
Sort: Relevance Newest Treatment
State of Iowa v. Eddie Tipton, 897 N.W.2d 653 (Iowa 2017). · cites it 2× “Tipton further asserted the one-year fraud extension of the statute of limitation after discovery of the offense under Iowa Code section 802.6 did not apply. Accord *665 ing to Tipton, while the charges against him “do have- an element of fraud, they were discovered more than…”
State v. Howard, 610 N.W.2d 535 (Iowa Ct. App. 1999). · cites it 6× “See Iowa Code § 802.6 (1) (1991). It is the State’s burden to prove that the statute of limitations has been suspended.”
State v. Bean, 474 N.W.2d 116 (Iowa Ct. App. 1991). · cites it 4× “Iowa Code section 802.6 provides: 1. When a person leaves the state with the intention of avoiding prosecution, the indictment or prosecution may be found or commenced within the time herein limited after the person's coming into the state, and no period during which the party…”
State of Iowa v. Maurice Frederick Boone, Jr. (Iowa 2023). · cites it 26× “Ultimately, the resolution of this disagreement turns on a question of statutory 6 interpretation about Iowa Code section 802.6’s provision for tolling the statute of limitations in criminal cases.”
State of Iowa v. Maurice Frederick Boone, Jr. (Iowa 2023). · cites it 26× “Ultimately, the resolution of this disagreement turns on a question of statutory 6 interpretation about Iowa Code section 802.6’s provision for tolling the statute of limitations in criminal cases.”
Dante Kwan Rhodes v. State of Iowa (Iowa Ct. App. 2022). · cites it 10× “” Iowa Code § 802.6 (1) (“When a person leaves the state, the indictment or information may be found within the time herein limited after the person’s coming into the state, and no period during which the party charged was not publicly resident within the state is a part of the…”
State of Iowa v. Mikala Celeste Webster (Iowa Ct. App. 2019). · cites it 6× “Specifically, she argues Iowa Code section 802.6(1) (2013) violates the due process and equal protection clauses of the state and federal constitutions “because it no longer requires a person to have the intent to flee prosecution when leaving the state for the statute of…”
State of Iowa v. Scott Carl Davis (Iowa Ct. App. 2015). “§ 802.6(1). Davis himself concedes “his residency for the seventeen-and-a-half-year period between the filing of his complaint and his arrest is an open question.”
— Iowa Code § 802.6(1) — 5 cases
State of Iowa v. Maurice Frederick Boone, Jr. (Iowa 2023). “Ultimately, the resolution of this disagreement turns on a question of statutory 6 interpretation about Iowa Code section 802.6’s provision for tolling the statute of limitations in criminal cases.”
State of Iowa v. Maurice Frederick Boone, Jr. (Iowa 2023). “Ultimately, the resolution of this disagreement turns on a question of statutory 6 interpretation about Iowa Code section 802.6’s provision for tolling the statute of limitations in criminal cases.”
State of Iowa v. Mikala Celeste Webster (Iowa Ct. App. 2019). “Specifically, she argues Iowa Code section 802.6(1) (2013) violates the due process and equal protection clauses of the state and federal constitutions “because it no longer requires a person to have the intent to flee prosecution when leaving the state for the statute of…”
Dante Kwan Rhodes v. State of Iowa (Iowa Ct. App. 2022). “” Iowa Code § 802.6 (1) (“When a person leaves the state, the indictment or information may be found within the time herein limited after the person’s coming into the state, and no period during which the party charged was not publicly resident within the state is a part of the…”
State of Iowa v. Scott Carl Davis (Iowa Ct. App. 2015). “§ 802.6(1). Davis himself concedes “his residency for the seventeen-and-a-half-year period between the filing of his complaint and his arrest is an open question.”
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.