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Identification

Acceptable Identification
- Iowa Code § 48A.8A (Voter ID Requirements)
- Iowa Department of Transportation (DOT) ID Policies
- The State of Iowa recognizes the following forms of acceptable identification for various purposes, including voting, law enforcement, and official transactions:
  - Iowa Driver’s License
  - Iowa Non-Operator ID (state-issued identification for non-drivers)
  - U.S. Passport or Passport Card
  - U.S. Military ID or Veteran’s ID
  - Tribal ID issued by a federally recognized tribe ( must have photo id to be used for voting)
  - Permanent Resident Card (Green Card) for non-citizens (not valid for voting)
  - Employment Authorization Document (EAD) for non-citizens
Acceptable Digital Identification
- Iowa DOT Real ID
- The Iowa Mobile ID is an optional digital ID, but it is not universally accepted. Some private businesses and agencies may require a physical ID.
- The digital ID is an app-based version of a driver’s license or state ID and can be used for:
  - Law enforcement interactions (traffic stops).
  - Age verification (purchasing alcohol or cigarettes).
  - Certain government and private transactions requiring proof of identity.
  - Iowa Mobile IDs are considered legally valid for most situations where a physical ID would be required.
What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
- Iowa Code § 321.182
- Iowa Department of Transportation (DOT) ID Policies
- Iowa DOT Real ID
- To obtain a physical ID (Driver’s License or Non-Operator ID):
  - Proof of Identity: U.S. birth certificate, U.S. passport, or immigration documents (e.g., Green Card, EAD).
  - Proof of Residency: Utility bill, lease agreement, or bank statement with an Iowa address.
  - Social Security Number (SSN): SSN card, W-2, or pay stub.
  - Proof of Lawful Presence (for non-citizens): Immigration documents such as I-94, Green Card, or valid visa.
- To obtain a Digital ID (Iowa Mobile ID):
  - You must already possess a valid Iowa Driver’s License or Non-Operator ID.
  - Download the Iowa Mobile ID app from the Apple App Store or Google Play Store.
  - Verify your identity through the app by scanning your physical ID and completing facial recognition verification.
  - Iowa DOT can revoke digital IDs remotely if necessary.
What types of identification are accepted for non-citizen or foreign nationals in this state?
- Iowa Department of Transportation (DOT) ID Policies
- Iowa DOT Real ID
- Real ID Act
- Non-citizens or foreign nationals in Iowa can use the following types of identification:
  - Permanent Resident Card (Green Card)
  - Employment Authorization Document (EAD)
  - Valid Foreign Passport (with a valid visa or entry stamp).
  - International Driver’s Permit (IDP): For temporary visitors driving in Iowa. (must be accompanied by a valid foreign driver’s license)
  - Consular ID Cards: These may be accepted for non-governmental purposes (banking), but they are not valid for official state or federal purposes.
Can undocumented individuals obtain a state ID or Drivers license in this state?
- Iowa Code § 321.182
- Real ID Act
- Iowa does not issue state IDs or driver’s licenses to undocumented individuals.
- Applicants must provide proof of lawful presence in the United States, such as a Green Card, Employment Authorization Document (EAD), or valid visa.
What privacy protections are in place for Digital Id’s in this state?
- Iowa DOT Mobile ID Privacy Policy
- The Iowa Mobile ID app includes several privacy protections to safeguard users’ personal information:
  - Data Encryption: All data stored in the app is encrypted to prevent unauthorized access.
  - User Consent: Users must explicitly consent before sharing their information with third parties.
  - Selective Disclosure: Users can choose to share only specific information (age verification) without revealing other personal details.
  - No Centralized Storage: Digital ID data is stored locally on the user’s device and not in a centralized government database.
- While Iowa Mobile ID is stored locally, Iowa DOT has the authority to revoke digital IDs remotely if fraud is detected.
Can Digital IDs be legally used for law enforcement verification?
- Iowa DOT Digital ID
- Iowa DOT Real ID
- Yes, Iowa Mobile IDs can be legally used for law enforcement verification during traffic stops or other official interactions.
- Users must ensure that their digital ID is active and accessible on their mobile device at the time of interaction.
- Iowa Mobile ID is accepted for traffic stops, but officers may still request a physical ID.

Alcohol

Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
- Iowa Code § 123.47(3)
- Federal Law:
  - Federal law does not regulate the minimum age to enter a bar or alcohol-serving venue. These regulations are set by individual states.
- Iowa State Law:
  - In Iowa, individuals under 21 years old are not permitted to enter or remain in establishments licensed to sell alcohol unless:
  - They are accompanied by a parent or legal guardian.
  - The venue serves food and they are there for dining purposes.
  - It is during a specific event where the venue has a temporary waiver.
Age permitted to consume Alcohol
- National Minimum Drinking Age Act of 1984
- Iowa Code § 123.47(1)
- Federal Law:
  - Federal law mandates that states set the legal drinking age to 21 years old. States that fail to comply risk losing federal highway funds.
- Iowa State Law:
  - The legal age to consume alcohol in Iowa is 21 years old.
Age permitted to serve Alcohol
- Iowa Code § 123.46A
- The minimum age to serve alcohol in Iowa is 18, but employees under 21 cannot serve in bars where alcohol is the primary focus.
Age permitted to purchase Alcohol
- Iowa Code § 123.47(1)
- The legal age to purchase alcohol in Iowa is 21.
What is the consumable limit (if any)
- Iowa Code § 123.46
- There is no legal consumable limit for alcohol in Iowa, but public intoxication is prohibited.
What is the purchase limit (if any)
- Iowa Code § 123
- There is no statewide purchase limit for alcohol in Iowa, though local retailers may impose their own restrictions.
What is the legal BAC (Blood Alcohol Content) limit in this state?
- Iowa Code § 321J.2
- Federal Law:
  - The federal BAC limit for driving is 0.08% for individuals 21 years and older, established under the Federal Highway Safety Administration guidelines.
- Iowa State Law:
  - The legal BAC limit in Iowa is:
    - 0.08% for drivers 21 years and older.
    - 0.02% for drivers under 21 years old (zero-tolerance policy).
    - 0.04% for commercial drivers.
Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
- Iowa Code § 123.47(2)
- Iowa State Law:
  - Exceptions exist for minors consuming alcohol:
    - Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony (communion).
    - Parental Supervision: Minors may consume alcohol in a private residence if provided by a parent or legal guardian.
What are the penalties for providing alcohol to minors at a private residence?
- Iowa Code § 123.47(4)
- Iowa State Law:
  - Providing alcohol to a minor is a serious misdemeanor, punishable by:
    - A fine of up to $1,875.
    - Up to 1 year imprisonment.
    - Subsequent offenses may result in harsher penalties.
      - If the minor causes injury or death while intoxicated, the provider may face additional civil or criminal liability.

Tobacco

Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
- FDA Tobacco
- Iowa Code § 453A.2
- Federal
  - Individuals must be 21 years old to purchase or access tobacco products. This includes entering tobacco retailers such as cigar shops, smoke shops, or smoking lounges.
- Iowa
  - Individuals must be 21 years old to enter or remain in establishments where tobacco, nicotine, or vaping products are sold unless accompanied by a parent or legal guardian.
  - Exceptions may apply for employees under 21 who work in these establishments but do not personally handle tobacco products.
Age permitted to use Tobacco
- Iowa Code § 453A.2
- Federal Law:
  - Federal law does not explicitly regulate the age to use tobacco products but prohibits the sale of tobacco products to anyone under 21.
- Iowa State Law:
  - The minimum age to use tobacco products in Iowa is 21.
Age permitted to sell Tobacco
- Iowa Code § 453A.13
- Individuals must generally be 18 years old to sell tobacco products in Iowa.
- Employees under 18 may sell tobacco products if supervised by an adult and the sale is part of their job duties.
Age permitted to purchase Tobacco
- FDA Tobacco
- Iowa Code § 453A.2
- The minimum age to purchase tobacco in Iowa is 21, consistent with federal law
What is the consumable limit (if any)
- Iowa Code § 142D (Smoke-Free Air Act)
- There is no legal consumable limit for tobacco in Iowa.
- Individuals of legal age may use tobacco products freely, subject to local smoking and vaping restrictions (public places, workplaces).
What is the purchase limit (if any)
- Iowa Code § 453A
- There are no statewide or federal purchase limits for tobacco in Iowa.
- Retailers may impose their own restrictions for bulk purchases to prevent resale or illegal distribution.
Are vaping products regulated differently from traditional tobacco in this state?
- Iowa Code § 453A.1(26)
- Iowa Code § 142D
- Family Smoking Prevention and Tobacco Control Act
- In Iowa, vaping products are regulated similarly to traditional tobacco products, with the same age restrictions and licensing requirements.
- Vaping is also restricted in public spaces under the Iowa Smoke-Free Air Act when explicitly prohibited by local ordinances.
Are flavored vapes or disposable e-cigarettes banned?
- FDA
- FDA Guidance on Flavored E-Cigarettes (2020)
- Iowa Code § 453A
- Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
- Flavored cartridge-based e-cigarettes (except tobacco and menthol) are banned under federal law, but flavored disposable e-cigarettes are not banned in Iowa.

Cannabis

Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
- Iowa Code Chapter 124E
- Controlled Substances Act
- In Iowa, recreational cannabis dispensaries do not exist. Access to medical cannabis dispensaries is limited to registered patients or caregivers who are at least 21 years old.
  - Only registered patients or designated caregivers (21 years or older) can enter state-licensed medical cannabis dispensaries.
  - Smoke shops selling paraphernalia (e.g., pipes, bongs) are unrelated to cannabis and typically follow tobacco laws, requiring individuals to be 21 years old to enter.
Age permitted to use Cannabis
- Iowa Code Chapter 124E
- Recreational cannabis use is illegal in Iowa.
- Medical cannabis products obtained through the state’s Medical Cannabidiol Program are permitted for registered patients aged 21 and older.
Age permitted to sell Cannabis
- Iowa Code Chapter 124E
- The sale of recreational cannabis is illegal in Iowa. Employees selling medical cannabis must be at least 21 years old and work in state-licensed dispensaries.
Age permitted to purchase Cannabis
- Iowa Code Chapter 124E
- Recreational cannabis purchase is illegal in Iowa.
- Medical cannabis purchase is only allowed for registered patients or designated caregivers aged 21 and older.
What is the consumable limit (if any)
- Iowa Code Chapter 124E
- The consumable limit for medical cannabis in Iowa is 4.5 grams of total THC per 90 days, with exceptions for certain patients. Recreational cannabis consumption is illegal.
  - Exceptions may apply for terminally ill patients or those with specific medical conditions upon approval by a healthcare provider.
What is the purchase limit (if any)
- Iowa Code Chapter 124E
- The purchase limit for medical cannabis in Iowa is 4.5 grams of total THC per 90 days, with exceptions for certain patients. Recreational cannabis purchase is illegal.
  - Exceptions may apply for patients with terminal illnesses or specific medical conditions, as determined by their healthcare provider.
Can minors obtain medical cannabis with a prescription?
- Iowa Code Chapter 124E
- Minors in Iowa can obtain medical cannabis through the Medical Cannabidiol Program if they have a qualifying meeting the following requirements:
  - The minor has a qualifying medical conditionepilepsy, chronic pain, terminal illness).
  - A healthcare provider certifies the minor’s eligibility for the program.
  - A designated caregiver (a parent or legal guardian) is registered to purchase, possess, and administer medical cannabis on behalf of the minor.

Adult Media

Age permitted to access Adult Content ONLINE
- Title 18 U.S.C. § 1470
- Iowa Code § 728.2
- While there is no explicit minimum age specified under Iowa law or federal law, accessing adult content online is restricted to individuals aged 18 and older, as minors are prohibited from accessing obscene materials.
- Websites hosting adult content are expected to implement measures to prevent minors from accessing such material, though enforcement of age restrictions is inconsistent.
Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
- Iowa Code § 728.2
- Federal Law:
  - Federal law does not regulate access to adult retailers or venues. These restrictions are set at the state or local level.
- Iowa State Law:
  - Individuals must be at least 18 years old to access adult retailers ( sex shops) or venues offering adult entertainment (strip clubs, adult theaters).
  - Alcohol-serving establishments (strip clubs with bars) may require patrons to be 21 years old, as per Iowa’s alcohol laws.
Are websites required to verify age for accessing adult content?
- Title 18 U.S.C. § 1470
- Iowa Code § 728.2
- Providing minors access to adult material online or distributing obscene materials to minors can result in severe penalties under both federal and Iowa state law, including fines, imprisonment, or both.
What penalties exist for providing minors access to adult material online?
- Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
- Iowa Code § 728.2
- Providing minors access to adult material online or distributing obscene materials to minors can result in severe penalties under both federal and Iowa state law, including fines, imprisonment, or both.
  - Federal Penalties: Considered a federal offense. Violators can face fines and imprisonment for up to 10 years.
  - Iowa State Penalties: Knowingly disseminating or exhibiting obscene material to minors is a misdemeanor. Violators may face a fine of up to $2,500 and/or imprisonment for up to 1 year.
What is the minimum age to work in the adult entertainment industry?
- Title 18 U.S.C. § 2257
- Iowa Code § 728.1
- The minimum age to work in the adult entertainment industry in Iowa is 18 years old, consistent with federal law.This includes adult entertainment venues, films, or other content.
Are there restrictions on employment terms for adult content creators?
- Title 18 U.S.C. § 2257
- Iowa Code § 728.1
- While Iowa has no specific restrictions on employment terms for adult content creators, federal regulations require age verification, record-keeping, and compliance with general labor laws.
- Federal Law:
  - Producers of adult content are required to:
    - Verify the age of performers (must be at least 18 years old).
    - Maintain detailed records of performers’ identification.
    - Label content with a compliance statement indicating that records are maintained.
  - Federal labor laws also apply, ensuring that employment terms (wages, working conditions) comply with the Fair Labor Standards Act (FLSA).
- Iowa State Law:
  - It is illegal to employ individuals under 18 in the production of obscene materials.

Voting

Age permitted to register to vote in the state
- Iowa Code § 48A.5(2)
- Federal Law:
  - Under the National Voter Registration Act of 1993 (NVRA), states must allow individuals to register to vote if they meet the age requirements for voting.
- Iowa State Law:
  - In Iowa, individuals may register to vote at 17 years old, provided they will be 18 years old by the date of the election.
  - 17-year-olds may vote in primary elections if they turn 18 on or before the general election date.
Age permitted to vote in the state
- Iowa Code § 48A.5(2)
- The minimum age to vote in Iowa is 18 years old, but 17-year-olds may vote in primaries if they will be 18 by the general election.
What Identification requirements are needed to vote on a regular ballot
- Iowa Code § 49.78
- Iowa has a voter ID law that requires voters to present an acceptable form of identification to vote on a regular ballot. Acceptable forms of ID include:
  - Iowa Driver’s License
  - Iowa Non-Operator ID
  - U.S. Passport
  - U.S. Military or Veteran ID
  - Tribal ID Card
  - Voter Identification Card (issued by the Iowa Secretary of State if a voter does not have another acceptable ID).
  - The ID must include the voter’s photo, name, and an expiration date. Expired IDs are not accepted.
What Identification requirements are needed to vote on a Provisional ballot
- Iowa Code § 49.81
- If a voter does not provide acceptable identification at the polls, they may cast a provisional ballot.
- After casting a provisional ballot, the voter must provide acceptable identification to the county auditor’s office by noon on the Monday following the election for their vote to be counted.
Voter Restrictions/ Requirements in place federally and within the state.
- National Voter Registration Act of 1993 (NVRA)
- Help America Vote Act of 2002 (HAVA)
- Voting Rights Act of 1965
- National Voter Registration Act
- Iowa Code § 48A.6
- Federal Requirements:
  - States must allow eligible citizens to register to vote when applying for or renewing a driver’s license or certain public assistance programs.
  - First-time voters who register by mail must provide proof of identity ( a copy of a photo ID or utility bill).
- Federal Restrictions:
  - States cannot impose discriminatory practices (literacy tests) that disenfranchise voters based on race, color, or language.
  - States cannot remove voters from registration rolls solely for failing to vote.
- Iowa State Requirements:
  - Voters must be U.S. citizens, Iowa residents, and at least 18 years old (or 17 if they will be 18 by the general election).
  - Voters must register to vote at least 15 days before Election Day (or register in person on Election Day with proof of identity and residency).
  - Voters must present an acceptable form of ID to vote on a regular ballot.
- Restrictions:
  - Felony Disenfranchisement: Individuals convicted of a felony lose their voting rights.
    - As of August 5, 2020, Governor Kim Reynolds signed an executive order restoring voting rights to most individuals who have completed their felony sentence, including parole or probation.
- Residency Requirement: Voters must be residents of Iowa

Legal

Laws on Presenting Identification to Law Enforcement
- Under what circumstances is a person required to show ID to police?
  - Terry v. Ohio, 392 US
    - When an officer has reasonable suspicion that the person is involved in a crime
  - Iowa Code § 321.190 (Driver’s License Requirements)
    - Iowa does not have a “Stop and Identify” law, individuals are only required to show ID when driving or when lawfully arrested/detained under reasonable suspicion of criminal activity.
- Can you be detained or arrested for refusing to show ID?
  - Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177
  - Iowa Code § 321.190
  - In Iowa, you generally cannot be arrested solely for refusing to show ID, except in specific situations like traffic stops or lawful arrests.
“Stop and Identify” Laws in this state
- What is this state’s specific laws regarding police stops and ID requirements?
  - Iowa Code § 321.190
  - Iowa does not have a “Stop and Identify” law. This means that individuals are not legally required to provide identification during a police stop unless they are:
    - Operating a motor vehicle.
    - Arrested or detained based on reasonable suspicion.
- Do you have the right to remain silent or refuse to provide ID in certain situations?
  - Fifth Amendment – US Constitution
  - Federal Law:
    - Under the Fifth Amendment of the U.S. Constitution, individuals have the right to remain silent and cannot be compelled to incriminate themselves. This includes refusing to answer questions during a police stop
  - Iowa State Law:
    - In Iowa, you generally have the right to remain silent and refuse to provide ID unless:
      - You are driving a vehicle and are required to present your driver’s license.
      - You are lawfully arrested or detained, in which case providing identifying information may be required.
Public Place ID Requirements
- Local Ordinances (Des Moines Curfew Laws)
- Are there any public areas where a person must carry ID?
  - Iowa does not have laws requiring individuals to carry ID in public places unless they are engaged in regulated activities (driving).
- Are there curfew or loitering laws requiring ID verification?
  - There are no general requirements to carry ID in public places, but minors may need to verify their age if stopped for local curfew violations.
Traffic Stops and ID Requirements
- Iowa Code § 321.190
- Are you required to provide an ID when pulled over by law enforcement?
  - Drivers must present ID during traffic stops in Iowa, and refusal can lead to fines or arrest.
- What are the consequences of refusing to show ID during a traffic stop?
  - Refusal to provide a driver’s license during a traffic stop may result in:
    - Citation or fines for failure to produce a license.
    - Possible arrest if the officer cannot verify your identity.
Passenger ID Requirements in Vehicles
- Terry v. Ohio, 392 U.S. 1
- Iowa Code § 321.190
- Do passengers need to show ID if a vehicle is stopped by law enforcement?
  - Passengers are not required to show ID unless:
    - They are suspected of a crime.
    - The officer has reasonable suspicion or probable cause to believe they are involved in illegal activity.
- Can passengers legally refuse to provide ID?
  - Yes. Passengers can refuse to provide ID unless they are lawfully detained or arrested based on reasonable suspicion.
Curfew Laws for Minors
- Local Ordinances (Des Moines Curfew Laws)
- Are minors required to carry ID to prove their age if stopped past curfew?
  - Minors are not explicitly required to carry ID, but law enforcement may request proof of age if a minor is stopped for violating curfew laws.
- What are the penalties for violating curfew laws?
  - Penalties for curfew violations may include:
    - A warning for first-time offenders.
    - Fines or community service for repeat offenses.
    - Parents or guardians may also face penalties for allowing minors to violate curfew.
Trespassing and ID Requirements
- Iowa Code § 716.7 (Trespassing)
- Can police demand ID if someone is suspected of trespassing?
  - Yes. If an officer has reasonable suspicion or probable cause to believe someone is trespassing, they can request identification to verify their identity.
- What are the consequences of refusing to provide identification in such situations?
  - Refusing to provide ID when suspected of trespassing may result in:
    - Arrest for trespassing or obstruction of justice.
    - Additional charges for failure to cooperate with law enforcement.