Iowa Code §716.7: Trespass to Property and Damage | Study notes Criminal Law

1DAMAGEANDTRESPASSTOPROPERTY,§716.7

716.7Trespassdefined.

1.Forpurposesofthissection:

a.“Property”shallincludeanyland,dwelling,building,conveyance,vehicle,orother

temporaryorpermanentstructurewhetherpubliclyorprivatelyowned.

b.“Publicutility”isapublicutilityasdefinedinsection476.1oranelectrictransmission

lineasprovidedinchapter478.

c.“Publicutilityproperty”meansanyland,dwelling,building,conveyance,vehicle,or

othertemporaryorpermanentstructureowned,leased,oroperatedbyapublicutilityand

thatiscompletelyenclosedbyaphysicalbarrierofanykind.

d.“Railwaycorporation”meansacorporation,company,orpersonowning,leasing,or

operatinganyrailroadinwholeorinpartwithinthisstate.

e.“Railwayproperty ”meansalltangiblerealandpersonalpropertyowned,leased,or

operatedbyarailwaycorporationwiththeexceptionofanyadministrativebuildingoroffices

oftherailwaycorporation.

f.“Reasonableexpectationofprivacy”meanscircumstancesinwhichareasonableperson

wouldbelievethatthepersoncoulddisrobeorpartiallydisrobeinprivacy,withoutbeing

concernedthatthepersondisrobingorpartiallydisrobingwasbeingviewed,photographed,

orfilmedwhendoingso.

2.a.“Trespass”shallmeanoneormoreofthefollowingacts:

(1)Enteringuponorinpropertywithouttheexpresspermissionoftheowner ,lessee,

orpersoninlawfulpossessionwiththeintenttocommitapublicoffense,touse,remove

therefrom,alter ,damage,harass,orplacethereonorthereinanythinganimateorinanimate,

ortohunt,fishortraponorintheproperty ,includingtheactoftakingorattemptingtotake

adeer ,otherthanafarmdeerasdefinedinsection170.1orpreservewhitetailasdefinedin

section484C.1,whichisonorinthepropertybyapersonwhoisoutsidetheproperty .This

subparagraphdoesnotprohibittheunarmedpursuitofgameorfur-bearinganimalsbya

personwholawfullyinjuredorkilledthegameorfur-bearinganimalwhichcomestoreston

orescapestothepropertyofanother .

(2)Enteringorremaininguponorinpropertywithoutjustificationafterbeingnotifiedor

requestedtoabstainfromenteringortoremoveorvacatetherefrombytheowner ,lessee,

orpersoninlawfulpossession,ortheagentoremployeeoftheowner ,lessee,orperson

inlawfulpossession,orbyanypeaceofficer ,magistrate,orpublicemployeewhoseduty

itistosupervisetheuseormaintenanceoftheproperty.Apersonhasbeennotifiedor

requestedtoabstainfromenteringorremaininguponorinpropertywithinthemeaningof

thissubparagraph(2)ifanyofthefollowingisapplicable:

(a)Thepersonhasbeennotifiedtoabstainfromenteringorremaininguponorinproperty

personally,eitherorallyorinwriting,includingbyavalidcourtorderunderchapter236.

(b)Aprintedorwrittennoticeforbiddingsuchentryhasbeenconspicuouslypostedor

exhibitedatthemainentrancetothepropertyortheforbiddenpartoftheproperty .

(3)Enteringuponorinpropertyforthepurposeorwiththeeffectofundulyinterfering

withthelawfuluseofthepropertybyothers.

(4)Beinguponorinpropertyandwrongfullyusing,removingtherefrom,altering,

damaging,harassing,orplacingthereonorthereinanythinganimateorinanimate,without

theimpliedoractualpermissionoftheowner ,lessee,orpersoninlawfulpossession.

(5)Enteringorremaininguponorinrailwaypropertywithoutlawfulauthorityorwithout

theconsentoftherailwaycorporationwhichowns,leases,oroperatestherailwayproperty.

Thissubparagraphdoesnotapplytopassageoverarailroadright-of-way,otherthanatrack,

railroadroadbed,viaduct,bridge,trestle,orrailroadyard,byanunarmedpersoniftheperson

hasnotbeennotifiedorrequestedtoabstainfromenteringontotheright-of-wayortovacate

theright-of-wayandthepassageovertheright-of-waydoesnotinterferewiththeoperation

oftherailroad.

(6)Enteringorremaininguponorinpublicutilitypropertywithoutlawfulauthority

orwithouttheconsentofthepublicutilitythatowns,leases,oroperatesthepublicutility

property.Thissubparagraphdoesnotapplytopassageoverpublicutilityright-of-waybya

SunDec0523:43:342021IowaCode2022,Section716.7(26,0)

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1 DAMAGE AND TRESPASS TO PROPERTY, §716.

716.7 Trespass defined.

For purposes of this section: a. “Property” shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned. b. “Public utility” is a public utility as defined in section 476.1 or an electric transmission line as provided in chapter 478. c. “Public utility property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure owned, leased, or operated by a public utility and that is completely enclosed by a physical barrier of any kind. d. “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state. e. “Railway property” means all tangible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation. f. “Reasonable expectation of privacy” means circumstances in which a reasonable person would believe that the person could disrobe or partially disrobe in privacy, without being concerned that the person disrobing or partially disrobing was being viewed, photographed, or filmed when doing so.
a. “Trespass” shall mean one or more of the following acts: (1) Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This subparagraph does not prohibit the unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the game or fur-bearing animal which comes to rest on or escapes to the property of another. (2) Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. A person has been notified or requested to abstain from entering or remaining upon or in property within the meaning of this subparagraph (2) if any of the following is applicable: (a) Thepersonhasbeennotifiedtoabstainfromenteringorremaininguponorinproperty personally, either orally or in writing, including by a valid court order under chapter 236. (b) A printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part of the property. (3) Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others. (4) Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession. (5) Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This subparagraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering onto the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad. (6) Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This subparagraph does not apply to passage over public utility right-of-way by a

Sun Dec 05 23:43:34 2021 Iowa Code 2022, Section 716.7 (26, 0)

§716.7, DAMAGE AND TRESPASS TO PROPERTY 2

person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way. (7) Intentionally viewing, photographing, or filming another person through the window or any other aperture of a dwelling, without legitimate purpose, while present on the real property upon which the dwelling is located, or while placing on or retrieving from such property equipment to view, photograph, or film another person, if the person being viewed, photographed, or filmed has a reasonable expectation of privacy, and if the person being viewed, photographed, or filmed does not consent or cannot consent to being viewed, photographed, or filmed. b. “Trespass” shall not mean either of the following: (1) Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This subparagraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering. (2) Entering upon the right-of-way of a public road or highway.

This section shall not apply to the following persons: a. Representatives of the state department of transportation, the federal railroad administration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties. b. Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment. c. Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot. d. Representatives of the Iowa utilities board, the federal energy regulatory commission, or the federal communications commission who enter or remain upon or in public utility property while engaged in the performance of official duties. e. Employees of a public utility who enter or remain upon or in public utility property while acting in the course of employment. [C51, §2684; R60, §4324; C73, §3983; C97, §4793, 4829; C24, 27, 31, 35, 39, § 13086, 13374; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.6, 729.1; C79, 81, §716.7; 81 Acts, ch 205, §1] 88 Acts, ch 1212, §1; 98 Acts, ch 1067, §1, 2 ; 2007 Acts, ch 28, §20; 2011 Acts, ch 51, §2 – 5 ; 2013 Acts, ch 90, §234; 2013 Acts, ch 140, §77; 2016 Acts, ch 1082, §3, 4 ; 2017 Acts, ch 140, §1; 2018 Acts, ch 1026, §174; 2019 Acts, ch 59, § Referred to in §232.2, 309.57, 481A.134, 481A.135, 716.8, 727.8A

Sun Dec 05 23:43:34 2021 Iowa Code 2022, Section 716.7 (26, 0)

Iowa Code §716.7: Trespass to Property and Damage, Study notes of Criminal Law

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