Theft Under the Iowa Code: Degrees, Fines, and Restitution

Iowa sorts theft into five degrees based mostly on the value of what was taken, with penalties running from a simple misdemeanor carrying up to 30 days in jail to a Class C felony carrying up to 10 years in prison. The dollar thresholds, the classification, and the mandatory fine range for each degree of theft in Iowa are set out in Iowa Code 714.2, with the sentencing ranges in Iowa Code 902.9 and 903.1.

First-Degree Theft

Theft is first-degree when the property is worth more than $10,000, when it is taken directly from another person (such as a purse snatching or pickpocketing), or when it is taken from a building left unoccupied or destroyed by a disaster, riot, or bombing.¹ The last category is Iowa’s anti-looting provision, and it applies regardless of the value taken.

First-degree theft is a Class C felony. The maximum prison sentence is 10 years, and the court must impose a fine between $1,370 and $13,660.² The fine is not discretionary; it is required in addition to any prison term.

Second-Degree Theft

Second-degree theft covers property valued between $1,500 and $10,000. It also captures the theft of a motor vehicle worth $10,000 or less, even when the vehicle’s value alone would place it lower on the scale.¹ Motorized bicycles are excluded from that motor vehicle rule. A vehicle worth more than $10,000 moves up to first-degree.

Second-degree theft is a Class D felony. The maximum prison sentence is 5 years, and the mandatory fine runs from $1,025 to $10,245.²

Third-Degree Theft

Third-degree theft applies to property worth between $750 and $1,500. It also applies to property worth $750 or less when the person has two or more prior theft convictions.¹ So a shoplifting case that would otherwise be a simple misdemeanor can arrive as third-degree theft on the strength of prior convictions alone.

Third-degree theft is an aggravated misdemeanor. The maximum term of confinement is 2 years, and the fine range is $855 to $8,540.³ Any confinement over one year becomes an indeterminate sentence under Iowa law.

Fourth-Degree Theft

Fourth-degree theft covers property valued between $300 and $750. It is a serious misdemeanor, carrying up to 1 year in jail and a fine between $430 and $2,560.¹³

Fifth-Degree Theft

Fifth-degree theft is the lowest level. It covers property worth $300 or less and is a simple misdemeanor, punishable by up to 30 days in jail and a fine between $105 and $855.¹³ The court can order jail time in place of a fine, or both. Most shoplifting charges land here.

How Iowa Values the Stolen Property

Because the dollar amount usually controls the degree, valuation matters. Iowa uses the highest value by any reasonable standard at the time of the theft, which can include market value, actual value, or replacement value.⁴

Prosecutors can also add thefts together. Property taken from the same person or location in separate acts, from different people at the same general time and place, or from different locations within a 30-day period as part of a single scheme can all be combined into a single charge, and the total value sets the degree.⁴ That is how a string of small thefts from one employer can become a felony rather than a stack of misdemeanors.

The 15% Surcharge on Every Fine

The fine ranges above are not the final number owed. Iowa adds a 15% crime services surcharge to every criminal fine.⁵ A $1,370 minimum fine on a first-degree conviction becomes roughly $1,576 once the surcharge is included. Court costs and fees can be added on top of that.

Mandatory Restitution on Top of the Fine

Every theft conviction in Iowa triggers a mandatory restitution order. The court must order the offender to pay pecuniary damages to the victim in every case that results in a guilty plea or verdict, regardless of ability to pay.⁶

Pecuniary damages cover what a victim could recover in a civil lawsuit arising from the same conduct, except punitive damages and pain and suffering. That includes the value of unrecovered property, counseling or psychiatric services the victim needed because of the crime, and other out-of-pocket losses not paid by insurance.⁷ Restitution is separate from the criminal fine, so a person convicted of theft can owe the fine, the surcharge, court costs, and restitution all at once.

When Prior Convictions or Special Circumstances Bump the Degree

Value is the usual anchor, but several rules move a charge above the tier its dollar amount would suggest:

Two or more prior theft convictions push a theft of $750 or less up to third-degree (aggravated misdemeanor) rather than fifth- or fourth-degree.¹
Taking property directly from another person is first-degree regardless of value.¹
Theft from a building left unoccupied or destroyed by a disaster, riot, or bombing is first-degree regardless of value.¹
A motor vehicle worth $10,000 or less is automatically second-degree, above what its value alone would justify.¹
Aggregation of separate thefts under Iowa Code 714.3 can push the combined value into a higher tier than any single act would reach.⁴

A Note for Non-Citizens

Theft is widely treated as a crime involving moral turpitude under federal immigration law, which can trigger deportation or make a person inadmissible. A narrow petty offense exception exists for a single such offense where the maximum possible sentence did not exceed one year and the sentence actually imposed was six months or less. Fifth-degree theft, with a 30-day maximum, likely fits inside that exception, but any conviction at the serious misdemeanor level or above carries a maximum sentence that exceeds it. Anyone who is not a U.S. citizen should speak with an immigration attorney before accepting a plea on a theft charge, because the immigration consequences can outweigh the criminal penalty.

1
Iowa Legislature. Iowa Code 714.2 – Degrees of Theft
2
Iowa Legislature. Iowa Code 902.9 – Maximum Sentence for Felons
3
Iowa Legislature. Iowa Code 903.1 – Maximum Sentence for Misdemeanants
4
Iowa Legislature. Iowa Code 714.3 – Value
5
Iowa Legislature. Iowa Code 911.1 – Crime Services Surcharge
6
Iowa Legislature. Iowa Code 910.2 – Restitution
7
Iowa Legislature. Iowa Code 910.1 – Pecuniary Damages Defined