H.F. _____ Section 1. Section 708.1, subsections 1 and 2, Code 2011, 1 are amended to read as follows: 2 1. Any voluntary act which is intended a reasonable person 3 would 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 14 the bill, an assault is defined as any voluntary act which 15 a reasonable person would expect to cause pain or injury 16 to, or which a reasonable person would expect to result in 17 physical contact which will be insulting or offensive to 18 another, coupled with the apparent ability to execute the act. 19 Currently, assault is defined as such acts which are intended 20 to cause pain or injury 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 1048HC (5) 84 jm/nh 1/ 1