Iowa criminal charge
Criminal mischief in the fourth and fifth degrees in Iowa
Criminal mischief in the fourth and fifth degrees is a criminal offense under Iowa law, defined by Iowa Code § 716.6. Its classification is not fixed: Iowa assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Iowa Code § 716.6.
What is the penalty for criminal mischief in the fourth and fifth degrees in Iowa?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 years (Criminal mischief in the fourth degree — Applies when the property damage cost exceeds $300 but does not exceed $750, or when a person intentionally injures, destroys, disturbs, or removes a licensed land surveyor's monument or a geodetic/geographic information system monument as described in (1)(a).; the court may order imprisonment in addition to the fine (§903.1(1)(b))) | discretionary | Iowa Code § 903.1 |
| Fine | $430 to $2,560 (Criminal mischief in the fourth degree — Applies when the property damage cost exceeds $300 but does not exceed $750, or when a person intentionally injures, destroys, disturbs, or removes a licensed land surveyor's monument or a geodetic/geographic information system monument as described in (1)(a).; fine may not be suspended by the court (§903.1(1)); §911 surcharges added on top) | mandatory | Iowa Code § 903.1 |
| Jail / prison | up to 30 days (Criminal mischief in the fifth degree — Applies to all criminal mischief that does not qualify as first, second, third, or fourth degree criminal mischief.; may be ordered in lieu of or in addition to the fine (§903.1(1)(a))) | discretionary | Iowa Code § 903.1 |
| Fine | $105 to $855 (Criminal mischief in the fifth degree — Applies to all criminal mischief that does not qualify as first, second, third, or fourth degree criminal mischief.; fine may not be suspended by the court (§903.1(1)); jail may be ordered in lieu of the fine; §911 surcharges added on top) | mandatory | Iowa Code § 903.1 |
Applies to current (2026 Iowa Code; fine levels per 2020 Acts ch 1074).
How is criminal mischief in the fourth and fifth degrees classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal mischief in the fourth degree | Serious Misdemeanor | Applies when the property damage cost exceeds $300 but does not exceed $750, or when a person intentionally injures, destroys, disturbs, or removes a licensed land surveyor's monument or a geodetic/geographic information system monument as described in (1)(a). | Iowa Code § 716.6(1)(b) |
| Criminal mischief in the fifth degree | Simple Misdemeanor | Applies to all criminal mischief that does not qualify as first, second, third, or fourth degree criminal mischief. | Iowa Code § 716.6(2) |
Common questions about criminal mischief in the fourth and fifth degrees in Iowa
Is criminal mischief in the fourth and fifth degrees a felony or a misdemeanor in Iowa?
It depends on the circumstances: criminal mischief in the fourth and fifth degrees ranges from a Simple Misdemeanor to a Serious Misdemeanor in Iowa under Iowa Code § 716.6.
Criminal mischief in the fourth degree: Serious Misdemeanor (Iowa Code § 716.6(1)(b)) · Criminal mischief in the fifth degree: Simple Misdemeanor (Iowa Code § 716.6(2))
What are the penalties for criminal mischief in the fourth and fifth degrees in Iowa?
Penalties for criminal mischief in the fourth and fifth degrees in Iowa depend on how it is classified — from a Simple Misdemeanor up to a Serious Misdemeanor — with the ranges set by Iowa Code § 903.1; the full table of ranges by variant is published on this page.
Which Iowa statute covers criminal mischief in the fourth and fifth degrees?
Criminal mischief in the fourth and fifth degrees is governed by Iowa Code § 716.6 (Criminal mischief in the fourth and fifth degrees).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.