Print
House Study Bill 6 - IntroducedA Bill ForAn Act 1relating to the defenses of justification and diminished
2capacity for certain violent crimes.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 704.6, Code 2023, is amended to read as
2follows:
3704.6 When defense defenses not available.
41. The defense of justification is not available to the
5following:
61. a. One A person who is participating in a forcible
7felony, or riot, or a duel.
82. b. One A person who initially provokes the use of force
9against oneself the person’s self, with the intent to use such
10force as an excuse to inflict injury on the assailant.
113. c. One A person who initially provokes the use of
12force against oneself the person’s self by one’s the person’s
13 unlawful acts, unless either of the following applies:
14a. (1) Such force is grossly disproportionate to the
15provocation, and is so great that the person reasonably
16believes that the person is in imminent danger of death or
17serious injury or.
18b. (2) The person withdraws from physical contact with
19the other and indicates clearly to the other that the person
20desires to terminate the conflict but the other continues or
21resumes the use of force.
222. The defenses of justification and diminished capacity
23are not available to a person who is the subject of a
24nonviolent sexual advance who commits a violent crime, as
25defined in section 915.10, or who commits an assault as defined
26in section 708.1, upon another person as the result of the
27person’s discovery of, knowledge about, or potential disclosure
28of the victim’s sex, sexual orientation, or gender identity.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill specifies that the defenses of justification and
33diminished capacity are not available when a person who is the
34subject of a nonviolent sexual advance commits a violent crime
35or an assault upon another person as the result of that sexual
-1-1advance or solely as a result of the person’s discovery of,
2knowledge about, or potential disclosure of the victim’s sex,
3sexual orientation, or gender identity.
4Code section 915.10 defines “violent crime” as a forcible
5felony, as defined in Code section 702.11, and includes any
6other felony or aggravated misdemeanor which involved the
7actual or threatened infliction of physical or emotional injury
8on one or more persons. Code section 708.1 defines assault.
9A person commits an assault when, without justification, the
10person does any of the following: any act which is intended
11to cause pain or injury to, or which is intended to result
12in physical contact which will be insulting or offensive to
13another, coupled with the apparent ability to execute the act;
14any act which is intended to place another in fear of immediate
15physical contact which will be painful, injurious, insulting,
16or offensive, coupled with the apparent ability to execute the
17act; and intentionally points any firearm toward another, or
18displays in a threatening manner any dangerous weapon toward
19another.
-2-as/rh
2capacity for certain violent crimes.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 704.6, Code 2023, is amended to read as
2follows:
3704.6 When defense defenses not available.
41. The defense of justification is not available to the
5following:
61. a. One A person who is participating in a forcible
7felony, or riot, or a duel.
82. b. One A person who initially provokes the use of force
9against oneself the person’s self, with the intent to use such
10force as an excuse to inflict injury on the assailant.
113. c. One A person who initially provokes the use of
12force against oneself the person’s self by one’s the person’s
13 unlawful acts, unless either of the following applies:
14a. (1) Such force is grossly disproportionate to the
15provocation, and is so great that the person reasonably
16believes that the person is in imminent danger of death or
17serious injury or.
18b. (2) The person withdraws from physical contact with
19the other and indicates clearly to the other that the person
20desires to terminate the conflict but the other continues or
21resumes the use of force.
222. The defenses of justification and diminished capacity
23are not available to a person who is the subject of a
24nonviolent sexual advance who commits a violent crime, as
25defined in section 915.10, or who commits an assault as defined
26in section 708.1, upon another person as the result of the
27person’s discovery of, knowledge about, or potential disclosure
28of the victim’s sex, sexual orientation, or gender identity.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill specifies that the defenses of justification and
33diminished capacity are not available when a person who is the
34subject of a nonviolent sexual advance commits a violent crime
35or an assault upon another person as the result of that sexual
-1-1advance or solely as a result of the person’s discovery of,
2knowledge about, or potential disclosure of the victim’s sex,
3sexual orientation, or gender identity.
4Code section 915.10 defines “violent crime” as a forcible
5felony, as defined in Code section 702.11, and includes any
6other felony or aggravated misdemeanor which involved the
7actual or threatened infliction of physical or emotional injury
8on one or more persons. Code section 708.1 defines assault.
9A person commits an assault when, without justification, the
10person does any of the following: any act which is intended
11to cause pain or injury to, or which is intended to result
12in physical contact which will be insulting or offensive to
13another, coupled with the apparent ability to execute the act;
14any act which is intended to place another in fear of immediate
15physical contact which will be painful, injurious, insulting,
16or offensive, coupled with the apparent ability to execute the
17act; and intentionally points any firearm toward another, or
18displays in a threatening manner any dangerous weapon toward
19another.
-2-as/rh