1. a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special
verdict upon which a judgment of conviction is rendered, the sentencing court shall order
that pecuniary damages be paid by each offender to the victims of the offender’s criminal
activities, and that all other restitution be paid to the clerk of court subject to the following:
(1) Pecuniary damages and category “A” restitution shall be ordered without regard to an
offender’s reasonable ability to make payments.
(2) Category “B” restitution shall be ordered subject to an offender’s reasonable ability to
make payments pursuant to section 910.2A.
b. Pecuniary damages shall be paid to victims in full before category “A” and category “B”
restitution are paid.
c. In structuring a plan of restitution, the plan of payment shall provide for payments in
the following order of priority:
(1) Pecuniary damages to the victim.
(2) Category “A” restitution.
(3) Category “B” restitution in the following order:
(a) Crime victim compensation program reimbursement.
(b) Public agencies.
(c) Court costs.
(d) Court-appointed attorney fees ordered pursuant to section 815.9, including the
expense of a public defender.
(e) Contribution to a local anticrime organization.
(f) The medical assistance program.
2. a. When the offender is not reasonably able to pay all or a part of category “B”
restitution, the court may require the offender in lieu of that portion of category “B”
restitution for which the offender is not reasonably able to pay, to perform a needed public
service for a governmental agency or for a private nonprofit agency which provides a service
to the youth, elderly, or poor of the community.
b. When community service is ordered, the court shall set a specific number of hours of
service to be performed by the offender. When calculating the amount of community service
to be performed in lieu of payment of court-appointed attorney fees, the court shall determine
the approximate equivalent value of the expenses of the public defender. The judicial district\n\nTue Dec 09 21:52:01 2025 Iowa Code 2026, Chapter 910 (37, 0)
3 RESTITUTION, §910.2B\n\ndepartment of correctional services shall provide for the assignment of the offender to a public
agency or private nonprofit agency to perform the required service.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §3]
83 Acts, ch 15, §2, 3; 85 Acts, ch 195, §66; 90 Acts, ch 1251, §75; 92 Acts, ch 1242, §36; 94
Acts, ch 1142, §16; 95 Acts, ch 75, §1; 96 Acts, ch 1091, §3; 96 Acts, ch 1193, §21; 97 Acts, ch
140, §3; 97 Acts, ch 177, §35; 2000 Acts, ch 1115, §9; 2002 Acts, ch 1119, §196; 2010 Acts, ch
1093, §2; 2010 Acts, ch 1124, §7, 9; 2011 Acts, ch 52, §3; 2019 Acts, ch 59, §232; 2020 Acts, ch
1074, §71, 83
Referred to in §249A.55, 910.3B
\n
Notes of Decisions
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
· cites it 10× “Regarding his reasonable ability to pay, the district court's order said, Pursuant to Iowa Code section 910.2, Defendant is found to have the reasonable ability to pay the obligations set forth herein, including but not limited to any crime victim assistance reimbursement,…”
State of Iowa v. Daimonay Darice Richardson, 890 N.W.2d 609 (Iowa 2017).
· cites it 12× “See Iowa Code § 910.2 (1) (2011) (“In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to the victims of the…”
State of Iowa v. Zedekiah Douglas Kurtz, 878 N.W.2d 469 (Iowa Ct. App. 2016).
· cites it 12× “Iowa Code § 910.2 (1). “A defendant’s reasonable ability to pay is a constitutional prerequisite for a criminal restitution order such as that provided by Iowa Code chapter 910.”
State of Iowa v. Kendall Chavez Johnson, 887 N.W.2d 178 (Iowa Ct. App. 2016).
· cites it 12× “2d at 215-16; see also Iowa Code § 910.2 (1). “However, restitution is ordered for crime victim assistance reimbursement, for public agencies, for court costs including correctional fees, for court-appointed attorney fees, for contribution to a local anticrime organization, and…”
State v. Dudley, 766 N.W.2d 606 (Iowa 2009).
· cites it 8× “(quoting Iowa Code § 910.2 (Supp.1983)). We further pointed out that chapter 910 provides the additional protection of making the restitution plan subject to modification when circumstances dictate, for example, “if a probationer later becomes unable to meet the plan of…”
State of Iowa v. Marc A. Hagen, 840 N.W.2d 140 (Iowa 2013).
· cites it 10× “” Iowa Code § 910.2 . Id. § 910.1(5). He contends that because the State is a party to this case, it cannot also be a victim for purposes of restitution.”
State of Iowa v. Quinten Brice McMurry, 925 N.W.2d 592 (Iowa 2019).
· cites it 10× “See Iowa Code § 910.2 . Moreover, the sentencing court in this case never addressed or decided which court costs McMurry was required to pay.”
State of Iowa v. Patrick Edouard, 854 N.W.2d 421 (Iowa 2014).
· cites it 8× “See Iowa Code § 910.2 (1). The crime victim assistance statute specifically authorizes compensation to victims for transportation expenses under the circumstances presented here.”
State v. Kluesner, 389 N.W.2d 370 (Iowa 1986).
· cites it 16× “We granted discretionary review in this case to answer the narrow question whether Iowa Code section 910.2 (1983) imposes a duty upon the trial court to order restitution in a deferred judgment case.”
State v. Haines, 360 N.W.2d 791 (Iowa 1985).
· cites it 13× “The key difference between the Oregon and Iowa statutes is that the Iowa statute states that “[w]hen the offender is not reasonably able to pay all or a part of the court costs, court-appointed attorney’s fees or the expense of a public defender, the court may require the…”
State v. Jenkins, 788 N.W.2d 640 (Iowa 2010).
· cites it 8× “” Iowa Code § 910.2 (emphasis added). Thus, like the federal MVPA, judges have no discretion in Iowa to decline to impose restitution.”
State v. Bonstetter, 637 N.W.2d 161 (Iowa 2001).
· cites it 6× “See Iowa Code § 910.2 (1999); Teggatz v. Ringleb, 610 N.”
— Iowa Code § 910.2(1) — 54 cases
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
“Regarding his reasonable ability to pay, the district court's order said, Pursuant to Iowa Code section 910.2, Defendant is found to have the reasonable ability to pay the obligations set forth herein, including but not limited to any crime victim assistance reimbursement,…”
State of Iowa v. Patrick Edouard, 854 N.W.2d 421 (Iowa 2014).
“See Iowa Code § 910.2 (1). The crime victim assistance statute specifically authorizes compensation to victims for transportation expenses under the circumstances presented here.”
State of Iowa v. Zedekiah Douglas Kurtz, 878 N.W.2d 469 (Iowa Ct. App. 2016).
“Iowa Code § 910.2 (1). “A defendant’s reasonable ability to pay is a constitutional prerequisite for a criminal restitution order such as that provided by Iowa Code chapter 910.”
State of Iowa v. Kendall Chavez Johnson, 887 N.W.2d 178 (Iowa Ct. App. 2016).
“2d at 215-16; see also Iowa Code § 910.2 (1). “However, restitution is ordered for crime victim assistance reimbursement, for public agencies, for court costs including correctional fees, for court-appointed attorney fees, for contribution to a local anticrime organization, and…”
State of Iowa v. Quinten Brice McMurry, 925 N.W.2d 592 (Iowa 2019).
“See Iowa Code § 910.2 . Moreover, the sentencing court in this case never addressed or decided which court costs McMurry was required to pay.”
— Iowa Code § 910.2(1)(a) — 5 cases
— Iowa Code § 910.2(1)(a)(1) — 1 case
— Iowa Code § 910.2(1)(a)(2) — 1 case
— Iowa Code § 910.2(1)(a)(3) — 5 cases
— Iowa Code § 910.2(2) — 7 cases
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
“Regarding his reasonable ability to pay, the district court's order said, Pursuant to Iowa Code section 910.2, Defendant is found to have the reasonable ability to pay the obligations set forth herein, including but not limited to any crime victim assistance reimbursement,…”
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