Read the full stored bill text
Senate
File
401
-
Introduced
SENATE
FILE
401
BY
BENNETT
,
CELSI
,
BLAKE
,
DONAHUE
,
STAED
,
PETERSEN
,
WINCKLER
,
DOTZLER
,
and
TRONE
GARRIOTT
A
BILL
FOR
An
Act
relating
to
the
defenses
of
justification
and
diminished
1
capacity
for
certain
violent
crimes.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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401
Section
1.
Section
704.6,
Code
2025,
is
amended
to
read
as
1
follows:
2
704.6
When
defense
defenses
not
available.
3
1.
The
defense
of
justification
is
not
available
to
the
4
following:
5
1.
a.
One
A
person
who
is
participating
in
a
forcible
6
felony,
or
riot,
or
a
duel.
7
2.
b.
One
A
person
who
initially
provokes
the
use
of
force
8
against
oneself
the
person’s
self
,
with
the
intent
to
use
such
9
force
as
an
excuse
to
inflict
injury
on
the
assailant.
10
3.
c.
One
A
person
who
initially
provokes
the
use
of
11
force
against
oneself
the
person’s
self
by
one’s
the
person’s
12
unlawful
acts
,
unless
either
of
the
following
applies
:
13
a.
(1)
Such
force
is
grossly
disproportionate
to
the
14
provocation,
and
is
so
great
that
the
person
reasonably
15
believes
that
the
person
is
in
imminent
danger
of
death
or
16
serious
injury
or
.
17
b.
(2)
The
person
withdraws
from
physical
contact
with
18
the
other
and
indicates
clearly
to
the
other
that
the
person
19
desires
to
terminate
the
conflict
but
the
other
continues
or
20
resumes
the
use
of
force.
21
2.
The
defenses
of
justification
and
diminished
capacity
22
are
not
available
to
a
person
who
is
the
subject
of
a
23
nonviolent
sexual
advance
who
commits
a
violent
crime,
as
24
defined
in
section
915.10,
or
to
a
person
who
commits
an
25
assault,
as
defined
in
section
708.1,
upon
another
person
as
26
the
result
of
the
person’s
discovery
of,
knowledge
about,
or
27
potential
disclosure
of
the
victim’s
sex,
sexual
orientation,
28
or
gender
identity.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
specifies
that
the
defenses
of
justification
and
33
diminished
capacity
are
not
available
when
a
person
who
is
the
34
subject
of
a
nonviolent
sexual
advance
commits
a
violent
crime
35
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401
or
an
assault
upon
another
person
as
the
result
of
that
sexual
1
advance
or
solely
as
a
result
of
the
person’s
discovery
of,
2
knowledge
about,
or
potential
disclosure
of
the
victim’s
sex,
3
sexual
orientation,
or
gender
identity.
4
Code
section
915.10
defines
“violent
crime”
as
a
forcible
5
felony,
as
defined
in
Code
section
702.11,
and
includes
any
6
other
felony
or
aggravated
misdemeanor
which
involved
the
7
actual
or
threatened
infliction
of
physical
or
emotional
injury
8
on
one
or
more
persons.
Code
section
708.1
defines
assault.
9
A
person
commits
an
assault
when,
without
justification,
the
10
person
does
any
of
the
following:
any
act
which
is
intended
11
to
cause
pain
or
injury
to,
or
which
is
intended
to
result
12
in
physical
contact
which
will
be
insulting
or
offensive
to
13
another,
coupled
with
the
apparent
ability
to
execute
the
act;
14
any
act
which
is
intended
to
place
another
in
fear
of
immediate
15
physical
contact
which
will
be
painful,
injurious,
insulting,
16
or
offensive,
coupled
with
the
apparent
ability
to
execute
17
the
act;
intentionally
points
any
firearm
toward
another,
or
18
displays
in
a
threatening
manner
any
dangerous
weapon
toward
19
another;
and
intentionally
points
a
laser
toward
a
person
or
20
aircraft.
21
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