Iowa Code » Chapter 816 — DOUBLE JEOPARDY
Iowa Code

Iowa Code § 816.2 (2026)

Prosecutions barred

✓ Iowa Code 2026 (laws through the 2025 session)
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When a defendant has been convicted or acquitted upon an indictment for an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment for the same offense charged in the former or for any lower degree of that offense, or for an offense necessarily included therein. [R60, §4720; C73, §4365; C97, §5340; C24, 27, 31, 35, 39, §13808; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §777.21; C79, 81, §816.2]

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Notes of Decisions
Cited in 5 cases, 1978–2007 · leading case: State v. Burgess, 639 N.W.2d 564 (Iowa 2001).
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State v. Burgess, 639 N.W.2d 564 (Iowa 2001). · cites it 6× “Iowa Code § 816.2 . Assuming without deciding the action of the Iowa Court of Appeals in dismissing the charge of theft by misappropriation constituted an acquittal on the charge, we turn to whether the two crimes are the “same offense” for purposes of the Double Jeopardy Clause.”
State v. Boggs, 741 N.W.2d 492 (Iowa 2007). “§ 816.2. The specific section of the statute at issue in this case is the third exception.”
State v. Franzen, 495 N.W.2d 714 (Iowa 1993). · cites it 2× “” Section 816.2 provides: When a defendant has been convicted or acquitted upon an indictment for an offense consisting of different degrees, the conviction or acquittal shall be a bar *719 to another indictment for the same offense charged in the former or for any lower degree…”
State v. Furnald, 263 N.W.2d 751 (Iowa 1978). “9 (merger of lesser included offenses) and § 816.2 (prosecutions barred), Supplement to Code of Iowa, 1977.”
State Of Iowa Vs. David Michael Boggs, No. 42 / 05-1625 (Iowa Nov. 16, 2007). “§ 816.2. The specific section of the statute at issue in this case is the third exception.”
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