State v. TiptonAnnotate this Case
Defendant was convicted of two lottery-related offenses - fraudulently passing or redeeming, or attempting to pass or redeem, a lottery ticket; and influencing or attempting to influence the winning of a prize through fraud, deception, or tampering with lottery equipment or materials. Defendant moved to dismiss both charges as untimely. The district court denied the motion, concluding (1) the fraudulent passing and tampering charges were continuing offenses under Iowa Code 802.7; and (2) the one-year fraud extension of the statute of limitations provided in Iowa Code 802.5 applied to the charges. On appeal, Defendant claimed that his prosecution on both charges was barred by the three-year statute of limitations. The Supreme Court affirmed in part and reversed in part, holding (1) the fraudulent passing charge was not a continuing offense, and any “passing” alternative must have been completed prior to the expiration of the statute of limitations; and (2) because the State did not show that it pursued its investigation with due diligence, the State was not entitled to a one-year fraud extension on the tampering charge, and therefore, the tampering charge should have been dismissed.