Legal Question in Criminal Law in Iowa

Re: penalty

A violation such as you describe is a simple misdemeanor. Simple misdemeanors are punishable by a fine, surcharge, and possibly 30 days in jail although I have never seen anyone go to jail for a simple misdemeanor.

You will have a criminal record if it is charged as a criminal and not a civil infraction. I suggest you hire an attorney to see what you can do about getting it converted to a civil violation.

453A.3 PENALTY.

1. a. A person, other than a retailer as defined in section

453A.1 or 453A.42, who violates section 453A.2, subsection 1, is

guilty of a simple misdemeanor.

b. An employee of a retailer as defined in section 453A.1 or

453A.42, who violates section 453A.2, subsection 1, commits a simple

misdemeanor punishable as a scheduled violation under section 805.8C,

subsection 3, paragraph "b".

2. A person who violates section 453A.2, subsection 2, is subject

to the following, as applicable:

a. A civil penalty pursuant to section 805.8C, subsection 3,

paragraph "c". Notwithstanding section 602.8106 or any other

provision to the contrary, any civil penalty paid under this

subsection shall be retained by the city or county enforcing the

violation.

b. For a first offense, performance of eight hours of

community work requirements, unless waived by the court.

c. For a second offense, performance of twelve hours of

community work requirements.

d. For a third or subsequent offense, performance of sixteen

hours of community work requirements.

The penalties are as described in the following 805.8C:

b. For violations of section 453A.2, subsection 1, by an

employee of a retailer, the scheduled fine is as follows:

(1) If the violation is a first offense, the scheduled fine is

one hundred dollars.

(2) If the violation is a second offense, the scheduled fine is

two hundred fifty dollars.

(3) If the violation is a third or subsequent offense, the

scheduled fine is five hundred dollars.

c. For violations of section 453A.2, subsection 2, the

scheduled fine is as follows and is a civil penalty, and the criminal

penalty surcharge under section 911.1 shall not be added to the

penalty, and the court costs pursuant to section 805.9, subsection 6,

shall not be imposed:

(1) If the violation is a first offense, the scheduled fine is

fifty dollars.

(2) If the violation is a second offense, the scheduled fine is

one hundred dollars.

(3) If the violation is a third or subsequent offense, the

scheduled fine is two hundred fifty dollars.