§ 42.01 Trespassing

It is unlawful for a person to knowingly trespass upon the property of another. As used in this section, the term “property” includes any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned. The term “trespass” means one or more of the following acts:

(Code of Iowa Sec. 716.7 and 716.8)

1. Entering Property without Permission. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.

(Code of Iowa, Sec. 716.7[2a])

2. Entering or Remaining on Property. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.

(Code of Iowa, Sec. 716.7[2b])

3. Interfering with Lawful Use of Property. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.

(Code of Iowa, Sec. 716.7[2c])

4. Using Property without Permission. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.

(Code of Iowa, Sec. 716.7[2d])

None of the above shall be construed to prohibit entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.

(Code of Iowa, Sec. 716.7[3])

1. Prohibited. It is unlawful for a person to knowingly trespass upon the property of another.

(Code of Iowa, Sec. 716.8(1))

2. Definitions. The following terms have been defined for use in this section.

(Code of Iowa, Sec. 716.7(1))

A. “Property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure, whether publicly or privately owned.

(Code of Iowa, Sec. 716.7(1)(a))

B. “Public utility” means a public utility as defined in Section 476.1 of the Code of Iowa or an electric transmission line as provided in Chapter 478 of the Code of Iowa.

(Code of Iowa, Sec. 716.7(1)(b))

C. “Public utility property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure owned, leased, or operated by a public utility and that is completely enclosed by a physical barrier of any kind.

(Code of Iowa, Sec. 716.7(1)(c))

D. “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this State.

(Code of Iowa, Sec. 716.7(1)(d))

E. “Railway property” means all tangible real and personal property owned, leased, or operated by a railway corporation, with the exception of any administrative building or offices of the railway corporation.

(Code of Iowa, Sec. 716.7(1)(e))

F. “Reasonable expectation of privacy” means circumstances in which a reasonable person would believe that the person could disrobe or partially disrobe in privacy, without being concerned that the person disrobing or partially disrobing was being viewed, photographed, or filmed when doing so.

(Code of Iowa, Sec. 716.7(1)(f))

G. “Trespass” means one or more of the following acts:

(Code of Iowa, Sec. 716.7(2)(a))

(1) Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.

(Code of Iowa, Sec. 716.7(2)(a)(1))

(2) Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any police [peace] officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. A person has been notified or requested to abstain from entering or remaining upon or in property within the meaning of this subparagraph if any of the following are applicable:

(Code of Iowa, Sec. 716.7(2)(a)(2))

a. The person has been notified to abstain from entering or remaining upon or in property personally, either orally or in writing, including by a valid court order under Chapter 236 of the Code of Iowa.

(Code of Iowa, Sec. 716.7(2)(a)(2)(a))

b. A printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part of the property.

(Code of Iowa, Sec. 716.7(2)(a)(2)(b))

(3) Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.

(Code of Iowa, Sec. 716.7(2)(a)(3))

(4) Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.

(Code of Iowa, Sec. 716.7(2)(a)(4))

(5) Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This subparagraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering onto the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.

(Code of Iowa, Sec. 716.7(2)(a)(5))

(6) Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This subparagraph does not apply to passage over public utility right-of-way by a person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.

(Code of Iowa, Sec. 716.7(2)(a)(6))

3. Specific Exceptions. “Trespass” does not mean either of the following:

(Code of Iowa, Sec. 716.7(2)(b))

A. Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This paragraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering.

(Code of Iowa, Sec. 716.7(2)(b)(1))

B. Entering upon the right-of-way of a public road or highway.

(Code of Iowa, Sec. 716.7(2)(b)(2))

C. This section shall not apply to the following persons:

(Code of Iowa, Sec. 716.7(3))

(1) Representatives of the State Department of Transportation, the Federal Railroad Administration, or the National Transportation Safety Board who enter or remain upon or in railway property while engaged in the performance of official duties.

(Code of Iowa, Sec. 716.7(3)(a))

(2) Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.

(Code of Iowa, Sec. 716.7(3)(b))

(3) Any person who is engaged in the operation of a lawful business on railway station ground or in the railway depot.

(Code of Iowa, Sec. 716.7(3)(c))

(4) Representatives of the State Utilities Commission, the Federal Energy Regulatory Commission, or the Federal Communications Commission who enter or remain upon or in public utility property while engaged in the performance of official duties.

(Code of Iowa, Sec. 716.7(3)(d))

(5) Employees of a public utility who enter or remain upon or in public utility property while acting in the course of employment.

(Code of Iowa, Sec. 716.7(3)(e))