What is a Second Degree Felony in Iowa?

Per Iowa Code §902.9, felonies are formally classified as Class A, Class B, Class C, or Class D felonies, rather than first or second degree felonies. What would otherwise be recognized in other states as a second degree felony is most likely classified as a class B or C felony in Iowa. In terms of severity, Class B felonies fall between Class A (most severe) and Class C felonies, with Class D felonies being the least severe; each having potential penalties with corresponding severity.

Convicted class B felons are punishable by no more than 25 years imprisonment, with the exception of second degree murder, railroad vandalism involving death, certain felony drug offenses, and multiple acts of child endangerment, where the confinement period may be up to 50 years. Various types of crimes are classified as Class B felonies, including second degree murder, first degree robbery, first degree arson, and second degree sexual abuse.

Which Crimes Are Considered Second Degree Felonies in Iowa?

The following are circumstances in which a crime can be referred to as a second degree felony in Iowa:

• Sexual abuse in the second degree (Iowa Code §709.3): This applies if, during the commission of the crime, the offender displayed a dangerous weapon in a threatening manner, the victim is a child, the offender used force or threatened to use force in a manner that creates a substantial risk of serious injury or death to the victim, the offender is aided by a third-party and the sexual act is against the will of the victim.
• Arson in the second degree Iowa (Iowa Code §712.3): A crime of arson is a second degree felony if the property involved is a building or real property of any kind, standing crops, or a personal property worth more than $750.00. Second degree arson is a class C felony.
• Robbery in the second degree (Iowa Code 712.3): Under state law, any robbery that is not a first degree robbery is a second degree robbery, classified as a class C felony. In contrast, a first degree robbery is a class B felony, committed with the use of a dangerous weapon or serious injury is inflicted on another person.
• Kidnapping in the second degree (Iowa Code §710.3): Second degree kidnapping is a class B felony in which the act is committed with the purpose of holding the victim for ransom, where the offender is armed with a dangerous weapon, or where the victim is under 18.

What is Second Degree Murder and How is it Classified in Iowa?

Per Iowa Code, § 707.3, second degree murder is a class B felony punishable by a prison time of not more than 50 years. Note, however, that most Class B felonies are punishable by no more than 25 years imprisonment. Second degree murder differs slightly from first degree murder First degree murders are premeditated and deliberated, whereas second degree murders are mostly not premeditated or deliberated. Second degree murders often happen in the heat of the moment or as a result of reckless behaviour with extreme indifference to human life.

Murder resulting from an act intended to inflict serious bodily injury with no specific intent to kill, may be classified as second degree murder. While second degree murder is a serious felony, it carries less weight and lighter consequences than first degree murder. However, it is more serious and bears greater potential penalties than involuntary manslaughter, vehicular homicide, and solicitation to commit murder.

Iowa Second Degree Felonies Penalties and Punishments

The applicable penalties for second degree felonies depends on the classification of the offense (A, B or C) and other factors, including the extent of cruelty involved in the offense, if the defendant is a habitual offender, the number of victims, the defendant’s remorse, and the intellectual and mental capacity of the defendant. Generally, Class B felonies have a maximum sentence of 25 years imprisonment, although special exceptions exist where the sentence can be up to 50 years. They are:

• Second degree murder
• Railroad vandalism involving death
• Certain felony drug offenses
• Multiple acts of child endangerment

If the second degree offense is a class C felony, the offender is liable to confinement for not more than 10 years and a fine of at least $1,370 but not more than $13,660 (Iowa Code, § 902.9).

The table below summarizes punishments for common second degree/class B felonies:

Are Second Degree Felony Records Public in Iowa?

Yes. Unless sealed, expunged, or otherwise provided by law, second degree felony records are subject to Iowa’s open records law, codified in Iowa Code § 22.1. This law maintains that every member of the public has the right to access records created and maintained by public agencies unless statutorily restricted.

Notwithstanding the provisions of this law, record custodians have the discretionary authority to withhold a requested record if such disclosure has the potential to:

• Jeopardize an ongoing criminal investigation
• Pose a clear and present danger to the safety of an individual or vulnerable person
• Constitute unnecessary invasion of personal privacy
• Create a risk of identity theft

Information that may be restricted on such grounds includes social security numbers, identifying information about a minor or crime victim, criminal identification files maintained by law enforcement agencies, and medical examiner reports.

How to Access Second Degree Felony Court Records in Iowa

A person’s second degree felony court records can be obtained through the office of the district court clerk where the case was filed or by conducting a criminal history background check.

• In person searches at the courthouse are usually conducted at the court clerk’s office during business hours, Monday through Friday. As an alternative, many courthouses maintain public access terminals where interested persons can view case records. Note that courthouse regulations or court order may impose access restrictions on certain criminal records due to certain circumstances.
• Remote access to criminal court records may be achieved using the Iowa Courts Online portal. Users may perform statewide searches or search for records filed in a specific county by indicating the county of interest on the search page. To conduct a search, one must possess the full name of the defendant, the case ID, or the case’s citation number.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. If a motion to that effect is filed by the Director of the Iowa Department of Corrections or the court, a convicted felon sentenced to a confinement time may have their sentence reconsidered after one year from the date they began to serve (Iowa Code § 902.4). Note that this reconsideration does not apply to class A felonies or other crimes with a mandatory minimum confinement time. Upon reconsideration, the court may substitute a previous statement with any other statement permitted by law for the involved crime.

Factors considered during a reconsideration motion include the impact of the offense on the victim, the impact on society, the defendant’s remorse, the number of victims, the capacity of the defendant to appreciate the criminality of their action, the defendant’s acceptance of responsibility, and the nature of the offense, among others.

Per Rule 2.10 of the Iowa Rules of Criminal Procedure, a defendant’s attorney may engage with the prosecuting attorney to reach a plea agreement. A plea agreement is an arrangement in which the defendant promises to plead guilty in exchange for concessions by the State. According to Rule 2.11(8), a motion to dismiss an indictment may be made on certain grounds:

1. Prosecution for is barred by some other statute or legal grounds
2. The statute of limitations for the crime in question has expired
3. The matters stated does not constitute the charged offense

Iowa law frowns on serious offenses like second degree felonies, resulting in higher stakes at trials. As such, defendants are encouraged to seek the services of an experienced criminal defense attorney to improve their chances at a less stringent sentence.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Iowa?

If the case resulted in a conviction, no. Under Iowa Code § 901C.2, second degree felony can only be expunged if the case was dismissed or the defendant was acquitted of the charges. A defendant or a prosecuting attorney may file an expungement application at the district court where the acquittal was entered or the named charges were dismissed. An applicant must complete the Application to Expunge Court Record under Iowa Code section 901C.2.

The application must be served on the county attorney, who shall then provide a notice to the defendant and any counsel of record. Once an expungement is granted, the affected records are sealed from public view and may only be released to requesters with court authorization.

How Long Do Second Degree Felony Records Stay Public in Iowa?

Information entered into a person’s criminal record, regardless of classification, remains public until expunged. This applies to all related arrest records maintained by the court or criminal justice agencies. Note, however, that records are subject to individual agencies’ record retention policies, and may be destroyed after a given period. On the other hand, some states have record retention time limits. For instance, California expunges records for certain felonies upon the expiration of the sentence or probation.