1. A criminal action shall be tried in the county in which the crime is committed, except
as otherwise provided by law.
2. The court, may on its own motion or on the motion of any of the parties to the
proceeding reconsider and grant a pretrial motion for change of venue whenever it appears
during jury selection that sufficient grounds would exist for granting the motion under the
provisions of rule of criminal procedure 2.11.
3. All objections to venue are waived by a defendant unless the defendant objects thereto
and secures a ruling by the trial court on a pretrial motion for change of venue. However,
if venue is changed pursuant to subsection 2, all objections to venue in the county to which
the action is transferred are waived by a defendant unless the defendant objects by a motion
for change of venue filed within five days after entry of the order transferring the action and
secures a ruling by the trial court on the motion before a jury has been impaneled and sworn.
[R60, §4502; C73, §4156; C97, §5154; C24, 27, 31, 35, 39, §13449; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, §753.2; C79, 81, §803.2; 82 Acts, ch 1021, §7, 12(1)]
Referred to in §803.3
\n
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1994–2025 · leading case:
People v. Simon, 25 P.3d 598 (Cal. 2001).
People v. Simon, 25 P.3d 598 (Cal. 2001).
“2d 223, 226 ]; Iowa Code § 803.2 [cited in State v. Allen (Iowa 1980) 293 N.”
State v. Liggins, 524 N.W.2d 181 (Iowa 1994).
“” Iowa Code § 803.2 (1) (1989). The territorial principle of jurisdiction has been enlarged in a number of states by statute.”
State v. Calhoun, 559 N.W.2d 4 (Iowa 1997).
“As a result, he argues that the appropriate venue is the county where the check was forged (Linn), not the county in which the drawee bank was locat *6 ed, nor where the account holders resided (Black Hawk). Section 803.2(1) of the Iowa Code provides “[a] criminal action shall…”
State v. Smith, 585 N.W.2d 753 (Iowa Ct. App. 1998).
· cites it 2× “2d 295, 298 (Iowa 1976); see also Iowa Code § 803.2 (3). It is conceded defendant was arrested in Fremont County and after he was arrested he was taken to Page County.”
State of Iowa v. James Kerkula Horace Jr. (Iowa Ct. App. 2025).
· cites it 2× “” Iowa Code § 803.2 (1) (2022). This requirement stems from the common law notion that “the situs of the alleged crime is usually the home of the defendant” and the place where “witnesses are accessible for the purpose of trial.”
John Doe v. Iowa Dep't of Human Servs. (Iowa Ct. App. 2017).
“Although jurisdiction for criminal acts is generally where the act took place, see Iowa Code § 803.2 (1), our statutes concerning child abuse assessment and reporting are concerned with the protection of the child, see id.”
State of Iowa v. Carlos Sierra-Rojas (Iowa Ct. App. 2019).
“” The court ruled the issue “is not a matter for a motion to dismiss” but rather a “matter on a motion for change of venue,” which “[a]t this point in time, that’s not been filed.”
State of Iowa v. Dennis Wayne Ruppe (Iowa Ct. App. 2024).
“” Iowa Code § 803.2 (1). Additionally, “[a]ll objections to venue are waived by a defendant unless the defendant objects thereto and secures a ruling by the trial court on a pretrial motion for change of venue.”
State of Iowa v. Lima Khairi Mohammad Younes (Iowa Ct. App. 2025).
“See Iowa Code § 803.2 (3) (“All objections to venue are waived by a defendant unless the defendant objects thereto and secures a ruling by the trial court on a pretrial motion for change of venue.”
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.