As used in this chapter, unless the context otherwise requires:
1. “Category “A” restitution” means fines, penalties, and surcharges.
2. “Category “B” restitution” means the contribution of funds to a local anticrime
organization which provided assistance to law enforcement in an offender’s case, the
payment of crime victim compensation program reimbursements, payment of restitution
to public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, court costs,
court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a
public defender, and payment to the medical assistance program pursuant to chapter 249A
for expenditures paid on behalf of the victim resulting from the offender’s criminal activities
including investigative costs incurred by the Medicaid fraud control unit pursuant to section
249A.50.
3. “Criminal activities” means any crime for which there is a plea of guilty, verdict of
guilty, or special verdict upon which a judgment of conviction is rendered and any other crime
committed after July 1, 1982, which is admitted or not contested by the offender, whether or
not prosecuted. However, “criminal activities” does not include simple misdemeanors under
chapter 321.
4. “Financial affidavit” means a signed affidavit under penalty of perjury that provides
financial information about the offender to enable the sentencing court or the department of
corrections to make a determination regarding the ability of the offender to pay category “B”
restitution. “Financial affidavit” includes the offender’s income, physical and mental health,
age, education, employment, inheritance, other debts, other amounts of restitution owed,
family circumstances, and any assets subject to execution, including but not limited to cash,
accounts at financial institutions, stocks, bonds, and any other property which may be applied
to the satisfaction of judgments.
5. “Local anticrime organization” means an entity organized for the primary purpose of
crime prevention which has been officially recognized by the chief of police of the city in
which the organization is located or the sheriff of the county in which the organization is
located.
6. “Pecuniary damages” means all damages to the extent not paid by an insurer on an
insurance claim by the victim, which a victim could recover against the offender in a civil
action arising out of the same facts or event, except punitive damages and damages for pain,
suffering, mental anguish, and loss of consortium. Without limitation, “pecuniary damages”
includes damages for wrongful death and expenses incurred for psychiatric or psychological
services or counseling or other counseling for the victim which became necessary as a direct
result of the criminal activity.\n\nTue Dec 09 21:52:01 2025 Iowa Code 2026, Chapter 910 (37, 0)
§910.1, RESTITUTION 2\n\n 7. “Permanent restitution order” means an enforceable restitution order entered either at
the time of sentencing or at a later date determined by the court.
8. “Plan of payment” or “restitution plan of payment” means a plan for paying restitution
wherein the defendant is ordered to pay a certain amount of money each month to repay
outstanding restitution.
9. “Plan of restitution” means a permanent restitution order, restitution plan of payment,
any other court order relating to restitution, or any combination of the foregoing.
10. “Restitution” means pecuniary damages, category “A” restitution, and category “B”
restitution.
11. “Victim” means a person who has suffered pecuniary damages as a result of the
offender’s criminal activities. However, for purposes of this chapter, an insurer paying
a victim’s insurance claim is not a victim and does not have a right of subrogation. An
insurer may be a victim for purposes of this chapter if insurance fraud in violation of section
507E.3 or 507E.3A has been perpetrated against the insurer. The crime victim compensation
program is not an insurer for purposes of this chapter, and the right of subrogation provided
by section 915.92 does not prohibit restitution to the crime victim compensation program.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §2]
83 Acts, ch 15, §1, 3; 90 Acts, ch 1251, §73, 74; 91 Acts, ch 181, §2, 16; 94 Acts, ch 1142,
§15; 96 Acts, ch 1091, §1, 2; 97 Acts, ch 140, §2; 97 Acts, ch 177, §34; 98 Acts, ch 1090, §83,
84; 2002 Acts, ch 1119, §195; 2003 Acts, ch 44, §107; 2010 Acts, ch 1124, §6, 9; 2011 Acts, ch
52, §2; 2018 Acts, ch 1019, §1, 2; 2020 Acts, ch 1074, §69, 70, 83
Referred to in §321.40, 602.8107, 910.3B, 915.100
\n
Notes of Decisions
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018).
· cites it 31× “" Iowa Code § 910.1 (3). The provision also provides that, "[w]ithout limitation, ' pecuniary damages ' includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling *533 or other counseling for the victim which became…”
State of Iowa v. Marc A. Hagen, 840 N.W.2d 140 (Iowa 2013).
· cites it 30× “” Iowa Code § 910.1 (5). Other than exceptions inapplicable in this case, “[p]ecuniary damages” are “all damages to the extent not paid by an insurer, which a victim could recover against the offender in a civil action arising out of the same facts or *147 event.”
State v. Bonstetter, 637 N.W.2d 161 (Iowa 2001).
· cites it 10× “” Iowa Code § 910.1 (5). Once the victim is identified, the court must determine what losses may be considered in calculating the amount of restitution.”
State v. Klawonn, 688 N.W.2d 271 (Iowa 2004).
· cites it 12× “3B(1), which provides in relevant part: In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a…”
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
· cites it 4× “" Iowa Code § 910.1 (4). The Code defines pecuniary damages as all damages to the extent not paid by an insurer on an insurance claim by the victim, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive…”
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
· cites it 14× “The statute provides: *546 In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for…”
Robert Krogmann v. State of Iowa, 914 N.W.2d 293 (Iowa 2018).
· cites it 4× “§ 910.1(3) (defining “pecuniary damages” as “all damages to the extent not paid by an insurer”); id.”
State v. Knudsen, 746 N.W.2d 608 (Iowa Ct. App. 2008).
· cites it 14× “Iowa Code § 910.1 (4). Because both parties agree 2 that the guardian ad litem fee does not fall within the “payment to the clerk of court” provision of this code section, the guardian ad litem fee must fall within the “payment to a victim” section in order for the restitution…”
State v. Paxton, 674 N.W.2d 106 (Iowa 2004).
· cites it 10× “See Iowa Code § 910.1 (3). We also observe that our interpretation of the statute does not thwart the rehabilitative goals of restitution.”
State v. Jenkins, 788 N.W.2d 640 (Iowa 2010).
· cites it 4× “” Iowa Code § 910.1 (4). “Restitution” also means “the payment of crime victim compensation program reimbursements” and other governmental expenses.”
— Iowa Code § 910.1(1) — 8 cases
— Iowa Code § 910.1(2) — 14 cases
State v. Bonstetter, 637 N.W.2d 161 (Iowa 2001).
“” Iowa Code § 910.1 (5). Once the victim is identified, the court must determine what losses may be considered in calculating the amount of restitution.”
— Iowa Code § 910.1(3) — 29 cases
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018).
“" Iowa Code § 910.1 (3). The provision also provides that, "[w]ithout limitation, ' pecuniary damages ' includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling *533 or other counseling for the victim which became…”
State of Iowa v. Marc A. Hagen, 840 N.W.2d 140 (Iowa 2013).
“” Iowa Code § 910.1 (5). Other than exceptions inapplicable in this case, “[p]ecuniary damages” are “all damages to the extent not paid by an insurer, which a victim could recover against the offender in a civil action arising out of the same facts or *147 event.”
State v. Klawonn, 688 N.W.2d 271 (Iowa 2004).
“3B(1), which provides in relevant part: In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a…”
Robert Krogmann v. State of Iowa, 914 N.W.2d 293 (Iowa 2018).
“§ 910.1(3) (defining “pecuniary damages” as “all damages to the extent not paid by an insurer”); id.”
— Iowa Code § 910.1(4) — 35 cases
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018).
“" Iowa Code § 910.1 (3). The provision also provides that, "[w]ithout limitation, ' pecuniary damages ' includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling *533 or other counseling for the victim which became…”
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
“The statute provides: *546 In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for…”
Robert Krogmann v. State of Iowa, 914 N.W.2d 293 (Iowa 2018).
“§ 910.1(3) (defining “pecuniary damages” as “all damages to the extent not paid by an insurer”); id.”
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
“" Iowa Code § 910.1 (4). The Code defines pecuniary damages as all damages to the extent not paid by an insurer on an insurance claim by the victim, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive…”
State v. Jenkins, 788 N.W.2d 640 (Iowa 2010).
“” Iowa Code § 910.1 (4). “Restitution” also means “the payment of crime victim compensation program reimbursements” and other governmental expenses.”
— Iowa Code § 910.1(5) — 11 cases
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018).
“" Iowa Code § 910.1 (3). The provision also provides that, "[w]ithout limitation, ' pecuniary damages ' includes damages for wrongful death and expenses incurred for psychiatric or psychological services or counseling *533 or other counseling for the victim which became…”
State of Iowa v. Marc A. Hagen, 840 N.W.2d 140 (Iowa 2013).
“” Iowa Code § 910.1 (5). Other than exceptions inapplicable in this case, “[p]ecuniary damages” are “all damages to the extent not paid by an insurer, which a victim could recover against the offender in a civil action arising out of the same facts or *147 event.”
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
“The statute provides: *546 In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for…”
— Iowa Code § 910.1(6) — 9 cases
— Iowa Code § 910.1(7) — 1 case
— Iowa Code § 910.1(8) — 1 case
— Iowa Code § 910.1(9) — 1 case
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