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Ex. DUT-IA-004 Standing duty Primary source read

Iowa Code § 135.38 (2021), Penalty

Iowa Code 2021, Section 135.38 - Penalty

Iowa General Assembly · Iowa (State)

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The record

Jurisdiction
Iowa
Level
State
Authority
Iowa Code § 135.38 (2021)
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally (any person, including business owners and operators)
Character
order penalty
Collection
Standing duties: Iowa DUT-IA

Operative words

Any person who knowingly violates any provision of this chapter, or of the rules of the department, or any lawful order, written or oral, of the department or of its officers, or authorized agents, shall be guilty of a simple misdemeanor.

Penalty

simple misdemeanor (Iowa Code § 903.1(1)(a): fine of at least $105 and not more than $855, or confinement not exceeding 30 days, or both; the fine figures are stated from the 2021 Code and were not separately exhibited).

What it required

Made knowing violation of any lawful order of the Department of Public Health, written or oral, a crime; the Department of Public Safety and the Department of Public Health (Mar. 17, 2020) and the Attorney General (June 3, 2020) identified this section as the penalty for violating the proclamations' closure, gathering and operating orders issued 'in conjunction with' the Department.

Retrieval note

Cited as the penalty provision in DUT-IA-013 ('Any person who knowingly violates these provisions of the disaster proclamation or a lawful order of an officer is guilty of a simple misdemeanor. Iowa Code section 135.38') and DUT-IA-009 § 4.4.