S.F. _____ Section 1. Section 708.1, subsections 1 and 2, Code 2009, 1 are amended to read as follows: 2 1. Any act which is intended a reasonable person would 3 expect to cause pain or injury to, or which is intended a 4 reasonable person would expect to result in physical contact 5 which will be insulting or offensive to another, coupled with 6 the apparent ability to execute the act. 7 2. Any voluntary act which is intended a reasonable person 8 would expect to place another in fear of immediate physical 9 contact which will be painful, injurious, insulting, or 10 offensive, coupled with the apparent ability to execute the 11 act. 12 EXPLANATION 13 This bill modifies the definition of assault. Under the 14 bill, an assault is defined as any act which a reasonable 15 person would expect to cause pain or injury to, or which a 16 reasonable person would expect to result in physical contact 17 which will be insulting or offensive to another, coupled with 18 the apparent ability to execute the act. Currently assault is 19 defined as such acts which are intended to cause pain or injury 20 or to result in such physical contact. 21 Under the bill, an assault is also defined as any voluntary 22 act which a reasonable person would expect to place another 23 in fear of immediate physical contact which will be painful, 24 injurious, insulting, or offensive, coupled with the apparent 25 ability to execute the act. Currently, such assault is defined 26 as such an act which is intended to place another in such fear. 27 The changes in the bill are in response to Iowa supreme court 28 cases State v. Heard, 636 N.W.2d 227 (Iowa 2001) and State v. 29 Bedard, 668 N.W.2d 598 (Iowa 2003). 30 -1- LSB 5187XC (3) 83 jm/nh 1/ 1