1. A person convicted of a sexually predatory offense which is a serious or aggravated
misdemeanor, who has a prior conviction for a sexually predatory offense, shall be
sentenced to and shall serve twice the maximum period of incarceration for the offense,
notwithstanding any other provision of the Code to the contrary, prior to being eligible for
parole or work release. A person sentenced under this subsection shall not have the person’s
sentence reduced under chapter 903A or otherwise by more than fifteen percent.
2. A person convicted of a sexually predatory offense which is a serious or aggravated
misdemeanor, who has two or more prior convictions for sexually predatory offenses, shall
be sentenced to and shall serve a period of incarceration of ten years, notwithstanding any
other provision of the Code to the contrary. A person sentenced under this subsection shall
not have the person’s sentence reduced under chapter 903A or otherwise by more than fifteen
percent.
3. Except as otherwise provided in subsection 5, a person convicted of a sexually
predatory offense which is a felony, who has a prior conviction for a sexually predatory
offense, shall be sentenced to and shall serve twice the maximum period of incarceration for
the offense, or twenty-five years, whichever is greater, notwithstanding any other provision
of the Code to the contrary. A person sentenced under this subsection shall not have the
person’s sentence reduced under chapter 903A or otherwise by more than fifteen percent.
4. Except as otherwise provided in subsection 5, a person convicted of a sexually
predatory offense which is a felony who has previously been sentenced under subsection
3 shall be sentenced to life in prison on the same terms as a class “A” felon under section
902.1, notwithstanding any other provision of the Code to the contrary. In order for a person
to be sentenced under this subsection, the prosecuting attorney shall allege and prove that
this section is applicable to the person.
5. A person who has been convicted of a violation of section 709.3, subsection 1,
paragraph “b”, shall, upon a second conviction for a violation of section 709.3, subsection
1, paragraph “b”, be committed to the custody of the director of the Iowa department of
corrections for the rest of the person’s life. In determining whether a conviction is a first or
second conviction under this subsection, a prior conviction for a criminal offense committed\n\nTue Dec 09 21:52:32 2025 Iowa Code 2026, Chapter 901A (22, 0)
§901A.2, SEXUALLY PREDATORY OFFENSES 2\n\nin another jurisdiction which would constitute a violation of section 709.3, subsection
1, paragraph “b”, if committed in this state, shall be considered a conviction under this
subsection. The terms and conditions applicable to sentences for class “A” felons under
chapters 901 through 909 shall apply to persons sentenced under this subsection.
6. A person who has been placed in a transitional release program, released with
supervision, or discharged pursuant to chapter 229A, and who is subsequently convicted
of a sexually predatory offense or a sexually violent offense, shall be sentenced to life in
prison on the same terms as a class “A” felon under section 902.1, notwithstanding any other
provision of the Code to the contrary. The terms and conditions applicable to sentences
for class “A” felons under chapters 901 through 909 shall apply to persons sentenced under
this subsection. However, if the person commits a sexually violent offense which is a
misdemeanor offense under chapter 709, the person shall be sentenced to life in prison, with
eligibility for parole as provided in chapter 906.
7. A person sentenced under the provisions of this section shall not be eligible for deferred
judgment, deferred sentence, or suspended sentence.
8. In addition to any other sentence imposed on a person convicted of a sexually predatory
offense pursuant to subsection 1, 2, or 3, the person shall be sentenced to an additional term of
parole or work release not to exceed two years. The board of parole shall determine whether
the person should be released on parole or placed in a work release program. The sentence
of parole supervision shall commence immediately upon the person’s release by the board
of parole and shall be under the terms and conditions as set out in chapter 906. Violations
of parole or work release shall be subject to the procedures set out in chapter 904 or 908 or
rules adopted under those chapters. For purposes of disposition of a parole violator upon
revocation of parole or work release, the sentence of an additional term of parole or work
release shall be considered part of the original term of commitment to the department of
corrections.
96 Acts, ch 1082, §4; 98 Acts, ch 1171, §19, 20; 2002 Acts, ch 1139, §24, 27; 2013 Acts, ch
90, §255; 2018 Acts, ch 1165, §106; 2019 Acts, ch 59, §231; 2024 Acts, ch 1182, §53
\n
901A.3 and 901A.4 Repealed by 2000 Acts, ch 1030, §3, 4.\n\nTue Dec 09 21:52:32 2025 Iowa Code 2026, Chapter 901A (22, 0)
\n
Notes of Decisions
Cited in
54
cases (
13 in the last 5 years), 1998–2026 · leading case:
State v. Bruegger, 773 N.W.2d 862 (Iowa 2009).
State v. Bruegger, 773 N.W.2d 862 (Iowa 2009).
· cites it 24× “One week later, the State filed a request for a preliminary ruling, stating that it intended to use Bruegger's Faribault County, Minnesota "conviction" for the crime of sexual conduct in the first-degree to enhance Bruegger's sentence under Iowa Code section 901A.2(3). Iowa's…”
Eric Wayne Dempsey v. State of Iowa, 860 N.W.2d 860 (Iowa 2015).
· cites it 12× “On Count III, the conviction of assault with intent to commit sexual abuse not resulting in injury, the district court sentenced Dempsey to an indeterminate term of imprisonment not to exceed four years pursuant to Iowa Code section 901A.2(1). The district court ordered the…”
State of Iowa v. Jabari Lamar Walker, 856 N.W.2d 179 (Iowa 2014).
· cites it 14× “See Iowa Code § 901A.2 (2011). Under this law, sexually predatory offense includes “[a]ny offense involving an attempt to commit [sexual abuse].”
State v. Tornquist, 600 N.W.2d 301 (Iowa 1999).
· cites it 18× “) Iowa Code section 901A.2 and the other provisions of chapter 901A were enacted in 1996, see 1996 Iowa Acts ch.”
State v. Kostman, 585 N.W.2d 209 (Iowa 1998).
· cites it 18× “See Iowa Code §§ 901A.2(3), 902.9(2). I. Background Facts and Proceedings.”
In Re Det. of Bradford, 712 N.W.2d 144 (Iowa 2006).
· cites it 10× “5C (providing for suspension of the treatment process during prosecution for any criminal offense committed while confined as a sexually violent predator), and (3) section 229A.”
Daniel King v. State of Iowa, 797 N.W.2d 565 (Iowa 2011).
· cites it 2× “See Iowa Code § 901A.2(3). After the trial, King’s mother met with Soil “to see if there was anything that didn’t seem right.”
Gully v. State, 658 N.W.2d 114 (Iowa Ct. App. 2002).
· cites it 12× “The supreme court interpreted the enhancement provisions of section 901A.2 to operate prospectively only; that is, only convictions occurring after chapter 901A became effective on July 1, 1996 could be used to enhance a sentence imposed for a subsequent conviction of a sexually…”
United States v. Orona, 724 F.3d 1297 (10th Cir. 2013).
“l(f)(2), which defines “prior conviction” to include adjudications of delinquency for purposes of imposing enhanced recidivist sentencing under Iowa Code § 901A.2(3), but remanding for an evidentiary hearing on defendant’s as-applied Eighth Amendment challenge); State v.”
— Iowa Code § 901A.2(1) — 10 cases
Eric Wayne Dempsey v. State of Iowa, 860 N.W.2d 860 (Iowa 2015).
“On Count III, the conviction of assault with intent to commit sexual abuse not resulting in injury, the district court sentenced Dempsey to an indeterminate term of imprisonment not to exceed four years pursuant to Iowa Code section 901A.2(1). The district court ordered the…”
— Iowa Code § 901A.2(2) — 2 cases
— Iowa Code § 901A.2(3) — 28 cases
State v. Bruegger, 773 N.W.2d 862 (Iowa 2009).
“One week later, the State filed a request for a preliminary ruling, stating that it intended to use Bruegger's Faribault County, Minnesota "conviction" for the crime of sexual conduct in the first-degree to enhance Bruegger's sentence under Iowa Code section 901A.2(3). Iowa's…”
Eric Wayne Dempsey v. State of Iowa, 860 N.W.2d 860 (Iowa 2015).
“On Count III, the conviction of assault with intent to commit sexual abuse not resulting in injury, the district court sentenced Dempsey to an indeterminate term of imprisonment not to exceed four years pursuant to Iowa Code section 901A.2(1). The district court ordered the…”
State v. Kostman, 585 N.W.2d 209 (Iowa 1998).
“See Iowa Code §§ 901A.2(3), 902.9(2). I. Background Facts and Proceedings.”
State of Iowa v. Jabari Lamar Walker, 856 N.W.2d 179 (Iowa 2014).
“See Iowa Code § 901A.2 (2011). Under this law, sexually predatory offense includes “[a]ny offense involving an attempt to commit [sexual abuse].”
State v. Tornquist, 600 N.W.2d 301 (Iowa 1999).
“) Iowa Code section 901A.2 and the other provisions of chapter 901A were enacted in 1996, see 1996 Iowa Acts ch.”
— Iowa Code § 901A.2(5) — 4 cases
— Iowa Code § 901A.2(6) — 2 cases
In Re Det. of Bradford, 712 N.W.2d 144 (Iowa 2006).
“5C (providing for suspension of the treatment process during prosecution for any criminal offense committed while confined as a sexually violent predator), and (3) section 229A.”
— Iowa Code § 901A.2(7) — 4 cases
Eric Wayne Dempsey v. State of Iowa, 860 N.W.2d 860 (Iowa 2015).
“On Count III, the conviction of assault with intent to commit sexual abuse not resulting in injury, the district court sentenced Dempsey to an indeterminate term of imprisonment not to exceed four years pursuant to Iowa Code section 901A.2(1). The district court ordered the…”
— Iowa Code § 901A.2(8) — 10 cases
State of Iowa v. Jabari Lamar Walker, 856 N.W.2d 179 (Iowa 2014).
“See Iowa Code § 901A.2 (2011). Under this law, sexually predatory offense includes “[a]ny offense involving an attempt to commit [sexual abuse].”
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.