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Iowa criminal charge

Failure to assist in Iowa

Current through 2026 Iowa legislative session

Failure to assist is a criminal offense under Iowa law, defined by Iowa Code § 727.12. 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 § 727.12.

What is the penalty for failure to assist in Iowa?

Penalties for Failure to assist
PenaltyRangeBasisAuthority
Jail / prisonup to 30 days (Failure to assist resulting in serious bodily injury — Applies when a person's failure to assist, without lawful cause, results in the other person suffering serious bodily injury.; may be ordered in lieu of or in addition to the fine (§903.1(1)(a)))discretionaryIowa Code § 903.1
Fine$105 to $855 (Failure to assist resulting in serious bodily injury — Applies when a person's failure to assist, without lawful cause, results in the other person suffering serious bodily injury.; 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)mandatoryIowa Code § 903.1
Jail / prisonup to 2 years (Failure to assist resulting in death — Applies when a person's failure to assist, without lawful cause, results in the death of the other person.; a sentence of more than one year is an indeterminate term (§903.1(2)))discretionaryIowa Code § 903.1
Fine$855 to $8,540 (Failure to assist resulting in death — Applies when a person's failure to assist, without lawful cause, results in the death of the other person.; fine may not be suspended by the court (§903.1(1)); §911 surcharges added on top)mandatoryIowa Code § 903.1

Applies to current (2026 Iowa Code; fine levels per 2020 Acts ch 1074).

How is failure to assist classified in Iowa?

The classification depends on the circumstances:

Classification variants for Failure to assist
VariantClassificationWhen it appliesStatute
Failure to assist resulting in serious bodily injurySimple MisdemeanorApplies when a person's failure to assist, without lawful cause, results in the other person suffering serious bodily injury.Iowa Code § 727.12(2)(a)
Failure to assist resulting in deathAggravated MisdemeanorApplies when a person's failure to assist, without lawful cause, results in the death of the other person.Iowa Code § 727.12(2)(b)

Common questions about failure to assist in Iowa

Is failure to assist a felony or a misdemeanor in Iowa?

It depends on the circumstances: failure to assist ranges from a Simple Misdemeanor to a Aggravated Misdemeanor in Iowa under Iowa Code § 727.12.

Failure to assist resulting in serious bodily injury: Simple Misdemeanor (Iowa Code § 727.12(2)(a)) · Failure to assist resulting in death: Aggravated Misdemeanor (Iowa Code § 727.12(2)(b))

What are the penalties for failure to assist in Iowa?

Penalties for failure to assist in Iowa depend on how it is classified — from a Simple Misdemeanor up to a Aggravated 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 failure to assist?

Failure to assist is governed by Iowa Code § 727.12 (Failure to assist).

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.