Subtitle 3 of Title IV of the Iowa Code encompasses both chapter and chapter C, which deals exclusively with massage therapy. The court acknowledged it was suspicious of the claimants' actions. The district court entered its ruling on July The court determined that practicing massage therapy without a is not a serious misdemeanor and therefore cannot support forfeiture. We affirm the district court's ruling finding that the State failed to prove prostitution and affirm the district court's judgment returning the cash to the claimants.
They also contended that the State failed to prove the cash was proceeds from prostitution. Iowa Code section C. The board may, by order, impose a civil penalty upon a person who practices as a massage therapist without a issued under this chapter or a person or business that employs an individual who is not d under this chapter. Reading the statutes together, we can conclude that if the legislature had intended to make practicing massage therapy without a a serious misdemeanor, it would have said so in chapter C, as it did in section D. See Shumate v. Claimants testified that they threw away the trash at their personal residence because the hair salon next door paid for the dumpster behind the building and did not allow them to use it.
The State argues the defendants' cash is subject to forfeiture as proceeds of a crime because the seized cash is the proceeds of an und massage business, a prostitution operation, or both. None of them have a massage therapy. Upon their search of the woman's hotel room, officers found a business card for Therapeutic Spa in the woman's purse.
Our conclusion is reinforced by other licensing provisions, which show that when the legislature chooses to criminalize practicing without ait says so expressly. Police raided the business and seized cash, cell phones, and other property. The State argued that practicing massage therapy without a is a serious misdemeanor and therefore could serve as the predicate offense to forfeiture. Li owns Therapeutic Spa, located in Dubuque.
Supreme court of iowa.
The court reached that decision by determining that Iowa Code section C. As a result, section The district court also found that the State had not proved by a preponderance of the evidence that the seized funds were the proceeds of prostitution, so the money could not be forfeited on that ground. Estate of Boesen, N. We disagree. Additionally, Wei Tian claimed that she and Li engaged in sexual relations at the business, so the semen on the toilet paper would have come from Li.
In FebruaryDubuque police officers obtained and executed a search warrant for the business and the claimants' apartment. We must decide whether the und practice of massage therapy is a serious misdemeanor. One night, the police observed two females remove a trash bag from the spa, ignore the dumpster behind the business, and dispose of the garbage at the claimants' shared residence.
The penalty shall not exceed one thousand dollars for each offense. Because the claimants failed to file a cross-appeal, we do not review the district court's ruling allowing the State to retain the remaining property while it completes its investigation. Seized for Forfeiture from Young, N. Seized from Chiodo, N. Seized from DeCamp, N.
We must decide whether the district court erred in rejecting the State's forfeiture claims.
The claimants argued that the und practice of massage therapy was not a forfeitable offense. The police saw only male customers entering the business, though Wei Tian later testified that the spa kept a list of customers and identified names of female customers.
Drake Univ. This is a question of statutory interpretation. Hartrich v. The language of section Section C. The district court concluded this civil penalty exempts the und practice of massage therapy from criminal liability under section We agree.
Each day of a continued violation after an order or citation by the board constitutes a separate offense, with the maximum penalty not to exceed ten thousand dollars.
Fish, N. Under Iowa Code section Here, a specific penalty is otherwise provided. Under the plain meaning of these statutes, the und practice of massage therapy is not a serious misdemeanor and, therefore, cannot be the predicate offense for forfeiture.
Bank v. City of Dubuque police officers conducted surveillance of the business over several weeks. Finally, the court denied the claimants' applications for return of the noncash assets, concluding they were properly retained by law enforcement under Iowa Code section Iowa Dist. Internet Explorer 11 is no longer supported.
Against this backdrop, we turn to the issues presented in this appeal. Wei Tian and Na Tian sell dresses online to make additional money. This appeal presents a question of statutory interpretation: whether practicing massage therapy without a constitutes a serious misdemeanor. One officer testified that he never saw the women use the dumpster behind the building.
The district court, however, denied the claimants' application for return of the other property and allowed the State to retain that property pursuant to its ongoing criminal investigation. The State appealed, and we retained the case. Under Iowa Code section A. Seized for Forfeiture from Williams, N. Forfeiture statutes have faced increasing criticism in recent years.
The State claimed the cash was forfeitable as proceeds of either prostitution or the und practice of massage therapy. We begin with the statutory text. The district court dismissed the forfeiture action and ordered the cash returned to the claimants. The claimants did not cross-appeal. They wrote and ed Rubmaps requesting that the business information be removed from that website. Claimants learned that the business was listed on Rubmaps when they applied for a credit card machine. McGill v. The police seized the trash bag and found strips of toilet paper that appeared to be soiled with semen and fecal matter.
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In April, an undercover officer conducted a sting operation that resulted in the arrest of a woman who solicited the officer for sex at a hotel in Dubuque. See, e. The daily surveillance varied from several hours to the entire day. They planned to open a dress store in Dubuque. Redington, U. Primebank, N. We p this clause was located in subsection 2 for a reason—to apply the affirmative defense solely to the equal priority lien recognized in that subsection.
Following a bench trial, the district court found the State failed to meet its burden to prove prostitution and ruled that practicing massage therapy without a was not a crime and therefore could not support forfeiture. Police, responding to complaints by neighbors suspecting prostitution, conducted surveillance on a spa in Dubuque advertising massage services.
The State filed a civil in rem forfeiture action alleging the cash was the proceeds of an und massage business or prostitution. On May 9, the district court held a civil forfeiture hearing, as well as a hearing on the claimants' applications for return of seized property, and granted the parties additional time to file briefs.
For the reasons explained below, we hold that practicing massage therapy without a is not a serious misdemeanor.