Iowa
Iowa Manslaughter Laws: Voluntary, Involuntary and Vehicular (2026)
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Iowa recognizes voluntary manslaughter (Iowa Code 707.4), a killing that "would otherwise be murder" committed solely from sudden, violent and irresistible passion caused by serious provocation, which is a class C felony punishable by up to 10 years, and involuntary manslaughter (Iowa Code 707.5), an unintentional killing that is a class D felony (up to 5 years) or an aggravated misdemeanor (up to 2 years) depending on how the death was caused. Deaths caused by driving are graded under a separate offense, homicide by vehicle (Iowa Code 707.6A), which is a class B felony punishable by up to 25 years when the driver was operating while intoxicated.
For the rules in other states, see our guide to manslaughter laws by state.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Iowa statutes on homicide below murder: voluntary and involuntary manslaughter (Iowa Code 707.4 and 707.5), homicide by vehicle (707.6A), the pregnancy-termination offenses (707.7 and 707.8), the sex offender registration rule for manslaughter (692A.126), leaving the scene of a fatal accident (321.261), intoxicated boating deaths (462A.14), the drug-delivery death enhancement (124.401), and the sentencing statutes tied to them. It does not cover murder sentencing (see how long a life sentence is in Iowa and our overview of murder sentencing guidelines), self-defense (see Iowa self-defense laws), civil lawsuits by surviving family (see Iowa wrongful death law), or federal offenses, which the manslaughter laws hub covers.
What is manslaughter in Iowa?
Iowa uses the familiar voluntary and involuntary labels, and both are defined by statute.
Voluntary manslaughter requires a killing that would otherwise be murder, mitigated by provocation:
"1. A person commits voluntary manslaughter when that person causes the death of another person, under circumstances which would otherwise be murder, if the person causing the death acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person and there is not an interval between the provocation and the killing in which a person of ordinary reason and temperament would regain control and suppress the impulse to kill. 2. Voluntary manslaughter is a class "C" felony. 3. Voluntary manslaughter is an included offense under an indictment for murder in the first or second degree." Iowa Code 707.4
Involuntary manslaughter covers unintentional deaths, in two grades:
"1. A person commits involuntary manslaughter punishable as: a. A class "D" felony when the person unintentionally causes the death of another person by the commission of a public offense other than a forcible felony or escape. b. An aggravated misdemeanor when the person unintentionally causes the death of another person by the commission of an act in a manner likely to cause death or serious injury. 2. Involuntary manslaughter as defined in this section is an included offense under an indictment for murder in the first or second degree or voluntary manslaughter." Iowa Code 707.5
Each section ends with a further subsection (707.4(4) and 707.5(3)) directing the fact finder to make the determination in section 692A.126 on whether the person must register as a sex offender, described under the sentencing rules below.
Iowa's homicide chapter has no offense named criminally negligent homicide, and the definitions in chapter 702 define "reckless" but not criminal negligence or gross negligence. Under Iowa Code 702.16, a person "is 'reckless' or acts recklessly when the person willfully or wantonly disregards the safety of persons or property."
Iowa manslaughter and homicide offenses at a glance
| Offense | Statute | What it requires | Class | Statutory penalty range |
|---|---|---|---|---|
| Voluntary manslaughter | Iowa Code 707.4 | A killing that would otherwise be murder, committed solely from sudden, violent and irresistible passion caused by serious provocation, with no interval in which a person of ordinary reason and temperament would regain control | Class C felony | Up to 10 years and a fine of $1,370 to $13,660 |
| Involuntary manslaughter (public offense) | Iowa Code 707.5(1)(a) | Unintentionally causing a death by committing a public offense other than a forcible felony or escape | Class D felony | Up to 5 years and a fine of $1,025 to $10,245 |
| Involuntary manslaughter (dangerous act) | Iowa Code 707.5(1)(b) | Unintentionally causing a death by an act committed in a manner likely to cause death or serious injury | Aggravated misdemeanor | Up to 2 years and a fine of $855 to $8,540 |
| Homicide by vehicle (intoxicated) | Iowa Code 707.6A(1) | Unintentionally causing a death by operating a motor vehicle while intoxicated, as prohibited by section 321J.2 | Class B felony | Up to 25 years; no deferred judgment or suspended sentence; six-year licence revocation |
| Homicide by vehicle (reckless driving, eluding, speeding) | Iowa Code 707.6A(2) | Unintentionally causing a death by reckless driving, by eluding a pursuing law enforcement vehicle, or by exceeding a speed limit by 25 miles per hour or more as the proximate cause (not public safety agency members performing official duties) | Class C felony | Up to 10 years and a fine of $1,370 to $13,660 |
| Homicide by vehicle (drag racing) | Iowa Code 707.6A(3) | Unintentionally causing a death while drag racing in violation of section 321.278 | Class D felony | Up to 5 years and a fine of $1,025 to $10,245 |
| Leaving the scene of an accident resulting in death | Iowa Code 321.261(4) | Failing to stop or meet the driver's duties after an accident resulting in a death; class C where the driver knows or has reason to believe the driver's vehicle caused it | Class D felony; class C felony | Up to 5 years (class D) or up to 10 years (class C), plus the class fine |
| Operating a boat while intoxicated, death results | Iowa Code 462A.14(2)(e) | An intoxicated-boating offense resulting in the death of a person other than the defendant, where the court determines the defendant caused the death | Class B felony | Determinate sentence of up to 25 years; six-year ban on operating a motorboat or sailboat |
| Unintentionally terminating a pregnancy by intoxicated driving | Iowa Code 707.8(4) | Unintentionally terminating a human pregnancy by the intoxicated-driving means in 707.6A(1) | Class C felony | Up to 10 years and a fine of $1,370 to $13,660 |
The penalty ranges come from Iowa's class-sentencing sections. Under Iowa Code 902.9(1), a class B felon "shall be confined for no more than twenty-five years"; a class C felon who is not a habitual offender "shall be confined for no more than ten years," with a fine of at least $1,370 and not more than $13,660; and a class D felon who is not a habitual offender "shall be confined for no more than five years," with a fine of at least $1,025 and not more than $10,245. For an aggravated misdemeanor with no specific penalty, Iowa Code 903.1(2) sets a maximum of two years and a fine of at least $855 and not more than $8,540. Our guide to how Iowa sentences each felony class explains the class system in more detail.

Is manslaughter a felony in Iowa, and what is the sentence?
Not always. Voluntary manslaughter is a class C felony (up to 10 years), and involuntary manslaughter committed through a public offense is a class D felony (up to 5 years). Involuntary manslaughter committed through an act "in a manner likely to cause death or serious injury" is an aggravated misdemeanor, with a maximum of 2 years. Every form of homicide by vehicle is a felony, from class D (drag racing) to class B (intoxicated driving).
The 70 percent rule for vehicular homicide
Iowa Code 902.12 lists offenses for which a person must serve a minimum share of the sentence before parole or work release. Voluntary and involuntary manslaughter are not on that list. Homicide by vehicle appears only in a limited form:
"f. Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2." Iowa Code 902.12(1)(f)
In other words, the rule reaches a homicide by vehicle conviction under subsection 1 or 2 only when the same person was also convicted of leaving the scene of the fatal accident based on the same facts or event.
Prior forcible felony: half the maximum term
A separate rule reaches any felony, including voluntary manslaughter, the class D felony form of involuntary manslaughter and every form of homicide by vehicle. Under Iowa Code 902.11, a person serving a felony sentence "who has a criminal record of one or more prior convictions for a forcible felony or a crime of a similar gravity in this or any other state, shall be denied parole or work release unless the person has served at least one-half of the maximum term of the defendant's sentence." The rule does not apply if the sentences for the prior forcible felonies expired at least five years before the conviction for the present felony, or if the sentence being served is for operating while under the influence under chapter 321J.
Sex offender registration
If a judge or jury determines, beyond a reasonable doubt, that a voluntary or involuntary manslaughter for which a conviction was entered on or after July 1, 2009, was sexually motivated, "the person shall be required to register" as a sex offender (Iowa Code 692A.126(1)(c), (d)). With that determination, both offenses are tier III offenses (Iowa Code 692A.102(1)(c)).
Habitual offenders (changed July 1, 2026)
Iowa Code 902.8 defines a habitual offender as "any person convicted of a class 'C' or a class 'D' felony, who has twice before been convicted of any felony in a court of this or any other state, or of the United States." That reaches voluntary manslaughter, felony involuntary manslaughter and the class C and D forms of homicide by vehicle. 2026 House File 2542, signed June 2, 2026 and effective July 1, 2026, raised the habitual-offender maximum in 902.9(1)(c) from 15 years to 20 years, and the amended 902.8 provides that the person "shall serve a minimum of seven years of the sentence imposed by law," up from three years. The act also provides that earned time "shall not reduce the minimum sentence of confinement of seven years," and adds habitual-offender offenses and sentences to the lists in Iowa Code 907.3 for which the court may not defer the sentence or suspend the sentence.
Voluntary manslaughter and provocation in Iowa
Voluntary manslaughter is Iowa's answer to the question whether a killing can be reduced from murder to manslaughter. The statute applies only "under circumstances which would otherwise be murder," and only when the person "acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation," with no interval in which "a person of ordinary reason and temperament would regain control and suppress the impulse to kill" (Iowa Code 707.4(1)). Voluntary manslaughter is an included offense under an indictment for first- or second-degree murder (707.4(3)).
The Iowa Supreme Court explained the provocation element in State v. Tolbert, No. 24-0971 (Iowa Feb. 20, 2026), which affirmed a murder conviction:
"Stated simply, we have long settled that acting in the 'heat of passion' involves a temporary loss of control sparked by a serious provocation, which is a mental state incompatible with the deliberation that leads to the 'fixed purpose' required for malice." State v. Tolbert, No. 24-0971 (Iowa 2026)
The court added that "The word 'solely' in this phrase suggests that passion alone is the culpable mental state for voluntary manslaughter in Iowa," and repeated its earlier holding that "Malice is clearly not an element of voluntary manslaughter under Iowa Code section 707.4" (quoting State v. Taylor, 452 N.W.2d 605, 606 (Iowa 1990)).
No panic-defense limit. Section 707.4 contains no provision about the victim's sexual orientation or gender identity, and no act from 2014 through 2026 amended section 707.4. Self-defense and justification are covered on our Iowa self-defense laws page.
Involuntary manslaughter in Iowa
Both grades of involuntary manslaughter require that the person "unintentionally causes the death of another person." What separates them is the conduct that caused the death:
- Class D felony: the death results from "the commission of a public offense other than a forcible felony or escape" (707.5(1)(a)).
- Aggravated misdemeanor: the death results from "the commission of an act in a manner likely to cause death or serious injury" (707.5(1)(b)).
Section 707.5 does not use the word "reckless." Involuntary manslaughter is an included offense under an indictment for first- or second-degree murder or for voluntary manslaughter (707.5(2)).
Homicide by vehicle and DUI deaths in Iowa
Iowa has no offense named DUI manslaughter or vehicular manslaughter. A death caused by driving is homicide by vehicle under Iowa Code 707.6A, graded by how the death was caused. Involuntary manslaughter under 707.5 is a separate offense.

Intoxicated driving: class B felony
"1. A person commits a class 'B' felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited by section 321J.2." Iowa Code 707.6A(1)
Section 321J.2(1) defines the intoxicated condition. A person operates while intoxicated "a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. b. While having an alcohol concentration of .08 or more. c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine."
Three sentencing rules attach to the intoxicated form:
- No deferral or suspension. "Notwithstanding the provisions of sections 901.5 and 907.3, the court shall not defer judgment or sentencing, or suspend execution of any part of the sentence applicable to the defendant for a violation of subsection 1" (707.6A(7)).
- Licence revocation. Under 707.6A(1A), "the department shall revoke the defendant's driver's license or nonresident operating privilege for a period of six years," and the defendant "shall not be eligible for a temporary restricted license for at least two years after the revocation."
- Maximum term. A class B felony carries up to 25 years (902.9(1)(b)).
Reckless driving, eluding and speeding: class C felony
Under 707.6A(2), a person commits a class C felony by unintentionally causing a death by any of these means:
- Reckless driving: "Driving a motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277." Since 2025 Iowa Acts, chapter 14 (Senate File 22, approved April 2, 2025, effective July 1, 2025), "a person's use of an electronic device while driving a motor vehicle shall be considered prima facie evidence that the person was driving the motor vehicle in a reckless manner," with exemptions that include hands-free or voice-activated use. Before that act, the presumption applied to using a hand-held electronic communication device to write, send or view an electronic message while driving.
- Eluding: "Eluding or attempting to elude a pursuing law enforcement vehicle, in violation of section 321.279, if the death of the other person directly or indirectly results from the violation."
- Speeding: exceeding a speed limit "by twenty-five miles per hour or more, if the violation is the proximate cause of the death of the other person." The speeding form "does not apply to a member of a public safety agency, as defined in section 34.1, performing official duties."
Drag racing: class D felony
"A person commits a class 'D' felony when the person unintentionally causes the death of another while drag racing, in violation of section 321.278" (707.6A(3)). Drag racing without a death is a simple misdemeanor (321.278(2)).
For impaired-driving penalties when no one dies, see Iowa DUI laws.
Leaving the scene of a fatal accident
"4. a. A person failing to stop or to comply with the requirements in subsection 1, in the event of an accident resulting in the death of a person, is guilty upon conviction of a class "D" felony. b. Notwithstanding paragraph "a", the driver of a vehicle who knows or has reason to believe that the driver's vehicle caused an accident resulting in the death of one or more persons, and who fails to stop or comply with the requirements of subsection 1, is guilty upon conviction of a class "C" felony." Iowa Code 321.261(4)
A companion conviction under this subsection is what brings homicide by vehicle under the 70 percent rule in 902.12(1)(f). Our Iowa hit-and-run laws page covers the driver's duties.
Eluding police
Eluding a pursuing law enforcement vehicle under Iowa Code 321.279 is a serious misdemeanor in its base form. The driver commits a class D felony by eluding a marked or unmarked official law enforcement vehicle after a visual and audible signal "and in doing so exceeds the speed limit by twenty-five miles per hour or more" (321.279(2)(a)), and a class C felony when the driver has a prior violation under the section (321.279(2)(b)). 2023 Iowa Acts, chapter 42 (House File 358, effective July 1, 2023) made the 25-mile-per-hour form a class D felony (it was an aggravated misdemeanor) and struck the former subsection 3 aggravators. Section 321.279 has no form graded by a death; a death resulting from eluding is homicide by vehicle under 707.6A(2)(b).
Boating deaths
An intoxicated-boating offense under Iowa Code 462A.14 becomes "A class 'B' felony for any offense under this section resulting in the death of persons other than the defendant, if the court determines that the person who committed the offense caused the death," with "a determinate sentence of not more than twenty-five years" (462A.14(2)(e)). The court must also order that the person not operate a motorboat or sailboat for six years.
Other homicide offenses below murder
Pregnancy termination. Iowa's homicide chapter grades the termination of a human pregnancy separately. Feticide (707.7) is a class C felony. Nonconsensual termination of a human pregnancy (707.8) is a class B felony when committed during a forcible felony, a class C felony when committed during a felony or felonious assault or done intentionally without consent, and an aggravated misdemeanor when a person unintentionally terminates a pregnancy without consent "by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy" (707.8(7)). Procuring the pregnant person's consent by force or intimidation is a class C felony (707.8(5)). Two forms track homicide by vehicle: "A person who unintentionally terminates a human pregnancy by any of the means provided pursuant to section 707.6A, subsection 1, is guilty of a class 'C' felony" (707.8(4)), and unintentionally terminating a pregnancy while drag racing is a class D felony (707.8(6)). Subsection 4 covers only the intoxicated-driving means; the reckless-driving, eluding and speeding means of 707.6A(2) are not named in it.
Drug-delivery deaths. Chapter 707 contains no drug-induced homicide offense. Instead, under Iowa Code 124.401(1)(g), "A person who causes the death of another person while participating in a violation of this subsection and who is not entitled to protection under section 124.418, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended." A person causes the death "when the controlled substance contributes to the other person's death or serious injury" (124.401(1)(i)). 2023 House File 595, effective July 1, 2023, added these paragraphs.
Dependent adult abuse. A caretaker who intentionally or recklessly commits dependent adult abuse that results in the dependent adult's death "is guilty of murder in the second degree in violation of section 707.3" (Iowa Code 726.26(3)); that offense is graded as murder, which is outside this page.
Other offenses graded by a resulting death
- Child endangerment resulting in the death of a child or minor, Iowa Code 726.6(6) (numbered 726.6(5) before 2026 House File 2360, effective July 1, 2026): class B felony, confinement of no more than 50 years.
- Railroad vandalism in the first degree, Iowa Code 716.10(2)(a): intentionally committing railroad vandalism that results in the death of any person, class B felony, confinement of not more than 50 years.
- Arson in the first degree, Iowa Code 712.2: includes an arson that results in the death of a fire fighter, paid or volunteer; class B felony.
- Failure to assist, Iowa Code 727.12(2)(b): failing without lawful cause to attempt to contact law enforcement or emergency responders for a person believed to face serious bodily injury or imminent death, where the failure results in the death; aggravated misdemeanor.
- Failing to move over or slow for certain stationary vehicles, causing death, Iowa Code 321.323A(4): simple misdemeanor; the person may be subject to an additional fine of $1,000, and the department suspends the licence for one year.
- Listed rules-of-the-road violations causing death, Iowa Code 321.482A(2): in addition to the scheduled fine, the person may be subject to a fine of $1,000, a licence suspension of up to 180 days, or both.
- Assisting suicide, Iowa Code 707A.2: intentionally or knowingly assisting, soliciting or inciting another person to commit or attempt suicide, or participating in a physical act by which another person does so; class C felony.
- Boat operator failing to stop after an occurrence resulting in death, Iowa Code 462A.7(5)(d): class D felony.
Recent changes
- 2021: 2021 Iowa Acts, chapter 131 (House File 753) added the speeding form of homicide by vehicle, exceeding a speed limit by 25 miles per hour or more as the proximate cause of the death (707.6A(2)(c)).
- July 1, 2023: 2023 Iowa Acts, chapter 42 (House File 358) made eluding at 25 miles per hour or more over the limit a class D felony and restructured the repeat-offense tiers of 321.279. House File 595 (2023) added the tripled sentence for drug-delivery deaths in 124.401(1)(g).
- July 1, 2025: 2025 Iowa Acts, chapter 14 (Senate File 22) widened the reckless-driving presumption in homicide by vehicle from hand-held messaging to any use of an electronic device while driving, subject to its exemptions. The penalty classes did not change.
- July 1, 2026: 2026 House File 2542 raised the habitual-offender maximum from 15 to 20 years and the minimum term to seven years. 2026 House File 2253 changed only terminology in 707.7 and 707.8 ("pregnant person" became "pregnant female"). 2026 House File 2360, signed May 6, 2026, rewrote the child endangerment section, adding a definition of "child" and renumbering the death tier as 726.6(6).
- Sections 707.4 and 707.5 have not been amended since 2013 Iowa Acts, chapter 90.
Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.
Related pages
- Manslaughter laws by state
- Iowa felony and misdemeanor classes
- Iowa DUI laws
- Iowa hit-and-run laws
- What is the difference between murder, homicide and manslaughter
- Minnesota manslaughter laws
- Illinois manslaughter laws
This article provides general legal information about Iowa law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Iowa.
Last updated: 2026-10-17.
Frequently Asked Questions
Is manslaughter a felony in Iowa?
Usually. Voluntary manslaughter is a class C felony (Iowa Code 707.4) and involuntary manslaughter through a public offense other than a forcible felony or escape is a class D felony (707.5(1)(a)). Involuntary manslaughter by an act in a manner likely to cause death or serious injury is an aggravated misdemeanor, with a maximum of 2 years (707.5(1)(b), 903.1(2)).
What is the sentence for voluntary manslaughter in Iowa?
Voluntary manslaughter is a class C felony. For a person who is not a habitual offender, Iowa Code 902.9(1)(d) sets confinement of no more than 10 years and a fine of at least $1,370 and not more than $13,660.
What is the sentence for involuntary manslaughter in Iowa?
The class D felony form carries up to 5 years and a fine of $1,025 to $10,245 for a person who is not a habitual offender (902.9(1)(e)). The aggravated misdemeanor form carries up to 2 years and a fine of $855 to $8,540 (903.1(2)).
What is the difference between voluntary and involuntary manslaughter in Iowa?
Voluntary manslaughter is a killing that would otherwise be murder, committed solely from sudden, violent and irresistible passion caused by serious provocation (707.4). Involuntary manslaughter is an unintentional killing caused by a public offense or by an act in a manner likely to cause death or serious injury (707.5).
What is the charge for a drunk driving death in Iowa?
Unintentionally causing a death by operating a motor vehicle while intoxicated, as prohibited by section 321J.2, is homicide by vehicle under Iowa Code 707.6A(1), a class B felony with a maximum of 25 years. The court may not defer judgment or suspend any part of the sentence (707.6A(7)).
How long is the licence revocation for homicide by vehicle in Iowa?
For the intoxicated form, Iowa Code 707.6A(1A) requires the department to revoke the licence or nonresident operating privilege for six years, with no temporary restricted license for at least two years after the revocation.
Does malice have to be proved for voluntary manslaughter in Iowa?
No. In State v. Tolbert (Iowa 2026), the Iowa Supreme Court repeated that malice is clearly not an element of voluntary manslaughter under Iowa Code section 707.4, quoting State v. Taylor (Iowa 1990).
Is selling drugs that cause a death manslaughter in Iowa?
Iowa's homicide chapter has no drug-induced homicide offense. Instead, Iowa Code 124.401(1)(g) triples the sentence for a person who causes a death while participating in a delivery violation of that subsection and who is not entitled to protection under section 124.418, with no deferral or suspension.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Iowa Code, Chapter 707: HOMICIDE AND RELATED CRIMES
§ 707.4Voluntary manslaughter.In force
1. A person commits voluntary manslaughter when that person causes the death of another person, under circumstances which would otherwise be murder, if the person causing the death acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person and there is not an interval between the provocation and the killing in which a person of ordinary reason and temperament would regain control and suppress the impulse to kill. 2. Voluntary manslaughter is a class “C” felony. 3. Voluntary manslaughter is an included offense under an indictment for murder in the first or second degree. 4. For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
§ 707.5Involuntary manslaughter.In force
1. A person commits involuntary manslaughter punishable as: a. A class “D” felony when the person unintentionally causes the death of another person by the commission of a public offense other than a forcible felony or escape. b. An aggravated misdemeanor when the person unintentionally causes the death of another person by the commission of an act in a manner likely to cause death or serious injury. 2. Involuntary manslaughter as defined in this section is an included offense under an indictment for murder in the first or second degree or voluntary manslaughter. 3. For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
§ 707.6AHomicide or serious injury by vehicle.In forcecited in 2 of our articles
1. A person commits a class “B” felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited by section 321J.2. 1A. Upon a plea or verdict of guilty of a violation of subsection 1, the defendant shall surrender to the court any Iowa license or permit and the court shall forward the license or permit to the department with a copy of the order of conviction. Upon receipt of the order of conviction, the department shall revoke the defendant’s driver’s license or nonresident operating privilege for a period of six years. The defendant shall not be eligible for a temporary restricted license for at least two years after the revocation. 1B. Upon a plea or verdict of guilty of a violation of subsection 1, the court shall order the defendant, at the defendant’s expense, to do the following: a. Enroll, attend, and satisfactorily complete a course for drinking drivers, as provided in section 321J.22. b. Submit to evaluation and treatment or rehabilitation services. 1C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 93 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State of Iowa v. Orlando David Rodriguez (Supreme Court of Iowa 2011, 804 N.W.2d 844)“…omicide by vehicle-OWI, a class “B” felony in violation of Iowa Code section 707.6A(1) (2009); Count II: homicide by vehic…”
- State of Iowa v. Jonathan Q. Adams (Supreme Court of Iowa 2012, 810 N.W.2d 365)“…while intoxicated) caused the death for a conviction under Iowa Code section 707.6A(1) (2007). I also agree with the majori…”
- State v. Dalton (Supreme Court of Iowa 2004, 674 N.W.2d 111)“…the trial information and the minutes of testimony and (2) Iowa Code section 707.6A(2) (2001) as unconstitutionally…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Hit and Run Laws: Penalties and What to Do
§ 707.8Nonconsensual termination — serious injury to a human pregnancy.In force
1. A person who terminates a human pregnancy without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “B” felony. 2. A person who terminates a human pregnancy without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “C” felony. 3. a. A person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” felony. b. A person who attempts to intentionally terminate a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “D” felony. 4. A person who unintentionally terminates a human pregnancy by any of the means provided pursuant to section 707.6A, subsection 1, is guilty of a class “C” felony. 5. A person who by force or intimidation procures the consent of the pregnant person to a termination of a human pregnancy is guilty of a class “C” felony. 6. A person who unintentionally terminates a human pregnancy while drag racing in violation of section 321.278 is guilty of a class “D” felony. 7.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Iowa Code, Chapter 702: DEFINITIONS
§ 702.16Reckless.In force
A person is “reckless” or acts recklessly when the person willfully or wantonly disregards the safety of persons or property.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Iowa Code, Chapter 902: FELONIES
§ 902.9Maximum sentence for felons.In forcecited in 15 of our articles
1. The maximum sentence for any person convicted of a felony shall be that prescribed by statute or, if not prescribed by statute, if other than a class “A” felony shall be determined as follows: a. Reserved. b. A class “B” felon shall be confined for no more than twenty-five years. c. An habitual offender shall be confined for no more than fifteen years. d. A class “C” felon, not an habitual offender, shall be confined for no more than ten years, and in addition shall be sentenced to a fine of at least one thousand three hundred seventy dollars but not more than thirteen thousand six hundred sixty dollars. e. A class “D” felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least one thousand twenty-five dollars but not more than ten thousand two hundred forty-five dollars. 2. The surcharges required by sections 911.1, 911.2A, and 911.5 shall be added to a fine imposed on a class “C” or class “D” felon, as provided by those sections, and are not a part of or subject to the maximums set in this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 166 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State of Iowa v. Andre Letroy Antwan Harrington (Supreme Court of Iowa 2017)“…a sentence of incarceration greater than one year. See Iowa Code § 902.9(1)(a)–(e). Thus, any immigrati…”
- State v. Ayers (Supreme Court of Iowa 1999, 590 N.W.2d 25)“…imposed a $500 fine for each conviction. See Iowa Code §§ 902.9 (3), 903.1(2). Ayers appeals onl…”
- State v. Iowa District Court for Black Hawk County (Supreme Court of Iowa 2000, 616 N.W.2d 575)“…of incarceration not to exceed ten years. See Iowa Code § 902.9 (setting forth a maximum sentence of t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Iowa Video Recording Laws: Where You Can and Cannot Film (2026), Iowa GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 902.12Minimum sentence for certain felonies — eligibility for parole or work release.In forcecited in 4 of our articles
1. A person serving a sentence for conviction of the following felonies, including a person serving a sentence for conviction of the following felonies prior to July 1, 2003, shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence: a. Murder in the second degree in violation of section 707.3. b. Attempted murder in violation of section 707.11, except as provided in section 707.11, subsection 5. c. Sexual abuse in the second degree in violation of section 709.3. d. Kidnapping in the second degree in violation of section 710.3. e. Robbery in the second degree in violation of section 711.3, except as determined in subsection 4. f. Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2. g. Continuous sexual abuse of a child in violation of section 709.23. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 128 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Lyle (Supreme Court of Iowa 2014, 854 N.W.2d 378)“…d he serve seventy percent of his ten-year sentence. See Iowa Code § 902.12 (5) (2011). Assuming both the new sente…”
- State v. Ceaser (Supreme Court of Iowa 1998, 585 N.W.2d 192)“…to instruct the jury on his claim of self-defense, and (2) Iowa Code section 902.12, which requires that he serve 100% of t…”
- State v. Iowa District Court for Black Hawk County (Supreme Court of Iowa 2000, 616 N.W.2d 575)“…es imposition of the mandatory minimum sentence required by Iowa Code sections 902.12 and 903A.2(1)(6), commonly known as th'…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in Iowa? (2026 Guide), Iowa Age of Consent Laws: Statutes, Penalties and Reporting, Iowa Sexting Laws: Legal Consequences and Penalties
Iowa Code, Chapter 903: MISDEMEANORS
§ 903.1Maximum sentence for misdemeanants.In forcecited in 13 of our articles
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and a specific penalty is not provided for or if a person under eighteen years of age has been waived to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix the period of confinement or the amount of fine, which fine shall not be suspended by the court, within the following limits: a. For a simple misdemeanor, there shall be a fine of at least one hundred five dollars but not to exceed eight hundred fifty-five dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine. b. For a serious misdemeanor, there shall be a fine of at least four hundred thirty dollars but not to exceed two thousand five hundred sixty dollars. In addition, the court may also order imprisonment not to exceed one year. 2. When a person is convicted of an aggravated misdemeanor, and a specific penalty is not provided for, the maximum penalty shall be imprisonment not to exceed two years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 148 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Nicole Lara Shumate v. Drake University A/K/A Drake University Law School (Supreme Court of Iowa 2014, 846 N.W.2d 503)“…carceration, a fine of $625, and a criminal record. See Iowa Code § 903.1(1)(a). The legislature could reaso…”
- State v. Ayers (Supreme Court of Iowa 1999, 590 N.W.2d 25)“…ggravated misdemeanors, the general sentencing provision is Iowa Code section 903.1(2), which provides: When a perso…”
- State v. Kirchoff (Supreme Court of Iowa 1990, 452 N.W.2d 801)“…Kirchoff. See Iowa Code ch. 901 (sentencing procedures); Iowa Code §§ 903.1 (maximum sentence for misdemeanants),…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Voyeurism and Hidden Camera Laws: Iowa Code 709.21 Penalties (2026), Iowa Surveillance Camera Laws (2026 Guide), Iowa Recording Laws (2026): One-Party Consent Rules
Iowa Code, Chapter 321J: OPERATING WHILE INTOXICATED
§ 321J.2Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI).In forcecited in 3 of our articles
1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. b. While having an alcohol concentration of .08 or more. c. While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine. 2. A person who violates subsection 1 commits: a. A serious misdemeanor for the first offense. b. An aggravated misdemeanor for a second offense. c. A class “D” felony for a third offense and each subsequent offense. 3. A first offense is punishable by all of the following: a. A minimum period of imprisonment in the county jail of forty-eight hours, but not to exceed one year, to be served as ordered by the court, less credit for any time the person was confined in a jail or detention facility following arrest or for any time the person spent in a court-ordered operating-while-intoxicated program that provides law enforcement security.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 609 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Iowa courts read section 321J.2's operating element to require the vehicle be in motion or its engine running. State v. Hopkins (1998) applied that rule and affirmed an OWI conviction on circumstantial proof of earlier drunk driving. State of Iowa v. Scottize Danyelle Brown (2019) affirmed a conviction over a pretextual-stop challenge.
Opinions citing this section in our collection:
- State of Iowa v. Scottize Danyelle Brown (Supreme Court of Iowa 2019)✓An officer followed a driver for an improper turn and a bad license plate light, then stopped her after learning the registered owner had gang ties; the court affirmed her OWI conviction under section 321J.2, holding the officer's subjective motives were irrelevant.
- State v. Hopkins (Supreme Court of Iowa 1998, 576 N.W.2d 374)✓A woman was found unconscious behind the wheel of a parked car with the engine off, 30 to 40 minutes after a neighbor saw her drive up; the court upheld her conviction under section 321J.2, holding circumstantial evidence let the jury infer she had driven while intoxicated.
- State of Iowa v. Carrie McIver (Supreme Court of Iowa 2015)“…ture until 1998. 1998 Iowa Acts ch. 1138, § 12 (codified at Iowa Code § 321J.2(7)(6) (1999)). This twelve-year gap in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa OWI Laws: Penalties, BAC Limit & License (2026), Iowa Expungement Laws: Iowa Code § 901C Explained (2026)
Iowa Code, Chapter 321: MOTOR VEHICLES AND LAW OF THE ROAD
§ 321.261Death or personal injuries.In forcecited in 2 of our articles
1. a. The driver of any vehicle who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close as possible and if able, shall then return to and remain at the scene of the accident in accordance with section 321.263. Every such stop shall be made without obstructing traffic more than is necessary. b. If the driver of a vehicle leaves the scene of an accident resulting in injury to or death of a person without knowledge or reason to believe that the driver’s vehicle was involved in the accident, and later discovers that the driver’s vehicle may have been involved in an accident that resulted in injury to or death of a person, the driver shall, as soon as reasonably possible, make a good-faith effort to immediately contact emergency services or make a 911 call and provide the dispatcher with any requested information described in section 321.263 and the location and possible time of the accident. 2.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Tarbox (Supreme Court of Iowa 2007, 739 N.W.2d 850)“…g him with leaving the scene of an accident in violation of Iowa Code section 321.261 (2003). Tarbox claims because he was in…”
- State Of Iowa Vs. Christopher Jerome Tarbox (Supreme Court of Iowa 2007)“…him with leaving the scene of an accident in violation of Iowa Code section 321.261 (2003). Tarbox claims because he was i…”
- State v. Johnson (Supreme Court of Iowa 2008, 744 N.W.2d 340)“…(c)), failing to stop following a personal injury accident (Iowa Code section 321.261(2)), and leaving the scene of a persona…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Iowa Code 707.4 Voluntary manslaughter(legis.iowa.gov).gov
- Iowa Code 707.5 Involuntary manslaughter(legis.iowa.gov).gov
- Iowa Code 707.6A Homicide or serious injury by vehicle(legis.iowa.gov).gov
- Iowa Code chapter 702 Definitions (702.16 Reckless)(legis.iowa.gov).gov
- Iowa Code 902.9 (felony sentences)(legis.iowa.gov).gov
- Iowa Code 903.1 (misdemeanor sentences)(legis.iowa.gov).gov
- Iowa Code 321.261 (accidents resulting in death or injury)(legis.iowa.gov).gov
- Iowa Code chapter 462A (462A.7, 462A.14 boating)(legis.iowa.gov).gov
- Iowa Code 707.8 (nonconsensual termination of a human pregnancy)(legis.iowa.gov).gov
- Iowa Code 902.12 (minimum time served before parole)(legis.iowa.gov).gov
- 2026 Iowa House File 2542 (enrolled)(legis.iowa.gov).gov
- Iowa Code and Acts Sections Amended, 2026(legis.iowa.gov).gov
- State v. Tolbert, No. 24-0971 (Iowa Feb. 20, 2026)(iowacourts.gov).gov
- Iowa Code 321J.2 (operating while intoxicated)(legis.iowa.gov).gov
- Iowa Code chapter 707 (2026)(legis.iowa.gov).gov
- Iowa Code chapter 321 (321.278 drag racing, 321.279 eluding)(legis.iowa.gov).gov
- Iowa Code 124.401 (controlled substance offenses)(legis.iowa.gov).gov
- Iowa Code chapter 726 (726.6 child endangerment, 726.26 dependent adult abuse)(legis.iowa.gov).gov
- Iowa Code chapter 707A (707A.2 assisting suicide)(legis.iowa.gov).gov
- 2026 Iowa House File 2253 (enrolled)(legis.iowa.gov).gov
- Iowa Code 902.11 Minimum sentence, prior forcible felon(legis.iowa.gov).gov
- Iowa Code 692A.126 Sexually motivated offense determination(legis.iowa.gov).gov
- Iowa Code 692A.102 Sex offense classifications(legis.iowa.gov).gov
- 2026 Iowa House File 2360 (child endangerment), enrolled(legis.iowa.gov).gov
- Iowa Code 907.3 Deferred judgment, deferred sentence, or suspended sentence(legis.iowa.gov).gov
- Iowa Code 716.10 Railroad vandalism(legis.iowa.gov).gov
- Iowa Code 712.2 Arson in the first degree(legis.iowa.gov).gov
- Iowa Code 727.12 Failure to assist(legis.iowa.gov).gov
- Iowa Code 321.323A Approaching certain stationary vehicles(legis.iowa.gov).gov
- Iowa Code 321.482A Violations causing serious injury or death(legis.iowa.gov).gov
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