Iowa criminal charge
Intellectual property counterfeiting in Iowa
Intellectual property counterfeiting is a criminal offense under Iowa law, defined by Iowa Code § 714.26. 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 § 714.26.
What is the penalty for intellectual property counterfeiting in Iowa?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Intellectual property counterfeiting — first degree — Applies when the person manufactures/produces the counterfeit item, the offense involves more than 1,000 items or a total retail value of $10,000 or more, or it is a third or subsequent violation of the section.; indeterminate term (§902.3); maximum only, release determined by the board of parole) | discretionary | Iowa Code § 902.9 |
| Fine | $1,370 to $13,660 (Intellectual property counterfeiting — first degree — Applies when the person manufactures/produces the counterfeit item, the offense involves more than 1,000 items or a total retail value of $10,000 or more, or it is a third or subsequent violation of the section.; §911 surcharges added on top) | mandatory | Iowa Code § 902.9 |
| Jail / prison | up to 5 years (Intellectual property counterfeiting — second degree — Applies when the offense involves more than 100 but not more than 1,000 items or a total retail value of $1,000 to less than $10,000, or it is a second violation of the section.; indeterminate term (§902.3); maximum only, release determined by the board of parole) | discretionary | Iowa Code § 902.9 |
| Fine | $1,025 to $10,245 (Intellectual property counterfeiting — second degree — Applies when the offense involves more than 100 but not more than 1,000 items or a total retail value of $1,000 to less than $10,000, or it is a second violation of the section.; §911 surcharges added on top) | mandatory | Iowa Code § 902.9 |
| Jail / prison | up to 2 years (Intellectual property counterfeiting — third degree — Applies to all intellectual property counterfeiting offenses that do not qualify as first or second degree.; a sentence of more than one year is an indeterminate term (§903.1(2))) | discretionary | Iowa Code § 903.1 |
| Fine | $855 to $8,540 (Intellectual property counterfeiting — third degree — Applies to all intellectual property counterfeiting offenses that do not qualify as first or second degree.; fine may not be suspended by the court (§903.1(1)); §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 intellectual property counterfeiting classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Intellectual property counterfeiting — first degree | Class “C” Felony | Applies when the person manufactures/produces the counterfeit item, the offense involves more than 1,000 items or a total retail value of $10,000 or more, or it is a third or subsequent violation of the section. | Iowa Code § 714.26(2)(a)(2) |
| Intellectual property counterfeiting — second degree | Class “D” Felony | Applies when the offense involves more than 100 but not more than 1,000 items or a total retail value of $1,000 to less than $10,000, or it is a second violation of the section. | Iowa Code § 714.26(2)(b)(2) |
| Intellectual property counterfeiting — third degree | Aggravated Misdemeanor | Applies to all intellectual property counterfeiting offenses that do not qualify as first or second degree. | Iowa Code § 714.26(2)(c) |
Common questions about intellectual property counterfeiting in Iowa
Is intellectual property counterfeiting a felony or a misdemeanor in Iowa?
It depends on the circumstances: intellectual property counterfeiting ranges from a Aggravated Misdemeanor to a Class “C” Felony in Iowa under Iowa Code § 714.26.
Intellectual property counterfeiting — first degree: Class “C” Felony (Iowa Code § 714.26(2)(a)(2)) · Intellectual property counterfeiting — second degree: Class “D” Felony (Iowa Code § 714.26(2)(b)(2)) · Intellectual property counterfeiting — third degree: Aggravated Misdemeanor (Iowa Code § 714.26(2)(c))
What are the penalties for intellectual property counterfeiting in Iowa?
Which Iowa statute covers intellectual property counterfeiting?
Intellectual property counterfeiting is governed by Iowa Code § 714.26 (Intellectual property counterfeiting).
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.