Eggman v. Scurr

McGiverin, justice.

The United States District Court, Southern District of Iowa, has certified to us two questions concerning the necessary criminal intent element under section 714.1(2), The Code 1979. The questions are, first, whether general criminal intent is an element of the offense of theft by misappropriation under section 714.1(2) and second, whether specific intent to defraud is an element of the same offense. We answer the first question in the affirmative and the second in the negative.

These questions were certified to us pursuant to chapter 684A, The Code 1981, and Iowa R.App.P.…