Iowa criminal charge
Degrees of theft in Iowa
Degrees of theft is a criminal offense under Iowa law, defined by Iowa Code § 714.2. 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 § 714.2.
What is the penalty for degrees of theft in Iowa?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Theft in the first degree — Theft of property exceeding $10,000 in value, or theft from the person of another, or theft from/of property removed from a building destroyed or left unoccupied due to physical disaster, riot, bombing, or proximity of battle.; indeterminate term (§902.3); maximum only, release determined by the board of parole) | discretionary | Iowa Code § 902.9 |
| Fine | $1,370 to $13,660 (Theft in the first degree — Theft of property exceeding $10,000 in value, or theft from the person of another, or theft from/of property removed from a building destroyed or left unoccupied due to physical disaster, riot, bombing, or proximity of battle.; §911 surcharges added on top) | mandatory | Iowa Code § 902.9 |
| Jail / prison | up to 5 years (Theft in the second degree — Theft of property exceeding $1,500 but not exceeding $10,000 in value, or theft of a motor vehicle (excluding motorized bicycles) not exceeding $10,000 in value.; indeterminate term (§902.3); maximum only, release determined by the board of parole) | discretionary | Iowa Code § 902.9 |
| Fine | $1,025 to $10,245 (Theft in the second degree — Theft of property exceeding $1,500 but not exceeding $10,000 in value, or theft of a motor vehicle (excluding motorized bicycles) not exceeding $10,000 in value.; §911 surcharges added on top) | mandatory | Iowa Code § 902.9 |
| Jail / prison | up to 2 years (Theft in the third degree — Theft of property exceeding $750 but not exceeding $1,500 in value, or theft of any property not exceeding $750 in value by a person previously convicted of theft twice.; a sentence of more than one year is an indeterminate term (§903.1(2))) | discretionary | Iowa Code § 903.1 |
| Fine | $855 to $8,540 (Theft in the third degree — Theft of property exceeding $750 but not exceeding $1,500 in value, or theft of any property not exceeding $750 in value by a person previously convicted of theft twice.; 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 1 years (Theft in the fourth degree — Theft of property exceeding $300 but not exceeding $750 in value.; the court may order imprisonment in addition to the fine (§903.1(1)(b))) | discretionary | Iowa Code § 903.1 |
| Fine | $430 to $2,560 (Theft in the fourth degree — Theft of property exceeding $300 but not exceeding $750 in value.; 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 (Theft in the fifth degree — Theft of property not exceeding $300 in value.; 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 (Theft in the fifth degree — Theft of property not exceeding $300 in value.; 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 degrees of theft classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft in the first degree | Class “C” Felony | Theft of property exceeding $10,000 in value, or theft from the person of another, or theft from/of property removed from a building destroyed or left unoccupied due to physical disaster, riot, bombing, or proximity of battle. | Iowa Code § 714.2(1) |
| Theft in the second degree | Class “D” Felony | Theft of property exceeding $1,500 but not exceeding $10,000 in value, or theft of a motor vehicle (excluding motorized bicycles) not exceeding $10,000 in value. | Iowa Code § 714.2(2) |
| Theft in the third degree | Aggravated Misdemeanor | Theft of property exceeding $750 but not exceeding $1,500 in value, or theft of any property not exceeding $750 in value by a person previously convicted of theft twice. | Iowa Code § 714.2(3) |
| Theft in the fourth degree | Serious Misdemeanor | Theft of property exceeding $300 but not exceeding $750 in value. | Iowa Code § 714.2(4) |
| Theft in the fifth degree | Simple Misdemeanor | Theft of property not exceeding $300 in value. | Iowa Code § 714.2(5) |
Common questions about degrees of theft in Iowa
Is degrees of theft a felony or a misdemeanor in Iowa?
It depends on the circumstances: degrees of theft ranges from a Simple Misdemeanor to a Class “C” Felony in Iowa under Iowa Code § 714.2.
Theft in the first degree: Class “C” Felony (Iowa Code § 714.2(1)) · Theft in the second degree: Class “D” Felony (Iowa Code § 714.2(2)) · Theft in the third degree: Aggravated Misdemeanor (Iowa Code § 714.2(3)) · Theft in the fourth degree: Serious Misdemeanor (Iowa Code § 714.2(4)) · Theft in the fifth degree: Simple Misdemeanor (Iowa Code § 714.2(5))
What are the penalties for degrees of theft in Iowa?
Which Iowa statute covers degrees of theft?
Degrees of theft is governed by Iowa Code § 714.2 (Degrees of theft).
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.