H.F. _____ Section 1. Section 708.1, subsection 2, Code 2015, is 1 amended to read as follows: 2 2. A person commits an assault when, without justification, 3 the person knowingly does any of the following: 4 a. Any act which is intended to cause causes pain or injury 5 to, or which is intended to result results in physical contact 6 which will be is insulting or offensive to another , coupled 7 with the apparent ability to execute the act . 8 b. Any act which is intended reasonably likely to place 9 another in fear of immediate physical contact which will be 10 painful, injurious, insulting, or offensive, coupled with the 11 apparent ability to execute the act. 12 c. Intentionally points any firearm toward another, or 13 displays in a threatening manner any dangerous weapon toward 14 another Points at another or displays in a threatening manner 15 any firearm or dangerous weapon, or any object reasonably 16 likely to be perceived as a firearm or dangerous weapon . 17 Sec. 2. Section 708.2, subsection 3, Code 2015, is amended 18 to read as follows: 19 3. A person who commits an assault, as defined in section 20 708.1 , and uses or displays a dangerous weapon or any object 21 reasonably likely to be perceived as a firearm or dangerous 22 weapon in connection with the assault, is guilty of an 23 aggravated misdemeanor. This subsection does not apply if 24 section 708.6 or 708.8 applies. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill modifies the elements of the criminal offense of 29 assault. 30 Code section 708.1 sets out three separate and distinct 31 ways to commit an assault. The bill modifies all three ways 32 to commit such assaults by eliminating the element of specific 33 intent. 34 The amendment to Code section 708.1(2)(a) modifies the 35 -1- LSB 1440YC (4) 86 jm/rj 1/ 3

H.F. _____ elements to prove an assault by changing the perpetrator’s 1 intent from a person doing any act which is “intended to 2 cause” or “intended to result in” injury which is offensive to 3 another to a “person knowingly” doing any act that “causes” 4 or “results in” injury which is offensive to another. The 5 amendment to Code section 708.1(2)(a) also requires physical 6 contact to occur for an assault by changing any act which 7 is “intended to result in physical contact” to any act which 8 “results in physical contact”. The bill also changes Code 9 section 708.1(2)(a) by providing that the physical contact 10 “is insulting or offensive” rather than “will be insulting or 11 offensive” and by striking a provision that requires the person 12 committing the assault to have an apparent ability to execute 13 the act. 14 The amendment to Code section 708.1(2)(b) modifies the 15 elements to prove assault by changing the perpetrator’s intent 16 from a person doing an act “intended to place another in fear 17 of immediate physical contact” to a person knowingly doing an 18 act which is “reasonably likely to place another in fear of 19 immediate physical contact”. 20 The amendment to Code section 708.1(2)(c) substitutes the 21 phrases “intentionally points” a firearm and “intentionally 22 displays” any dangerous weapon in a threatening manner with 23 “knowingly” points at another or displays in a threatening 24 manner any firearm or dangerous weapon. The bill also changes 25 Code section 708.1(2)(c) by making it an assault to knowingly 26 point “any object reasonably likely to be perceived as a 27 firearm or dangerous weapon”. 28 The amendment to Code section 708.2(3) makes related changes 29 due to the amendment in Code section 708.1(2)(c). The bill 30 specifies that a person commits an aggravated misdemeanor 31 assault if the person uses or displays any object reasonably 32 likely to be perceived as a firearm or dangerous weapon in 33 connection with the assault. 34 By modifying the definition of assault in Code section 35 -2- LSB 1440YC (4) 86 jm/rj 2/ 3

H.F. _____ 708.1, the bill also modifies the definition of the following 1 criminal offenses; murder in the first degree in Code section 2 707.2, domestic abuse assault in Code section 708.2A, assault 3 in violation of individual rights in Code section 708.2C, 4 assault while participating in a felony in Code section 5 708.3, assaults on persons engaged in certain occupations in 6 Code section 708.3A, inmate assaults in Code section 708.3B, 7 nonconsensual termination of a pregnancy in Code section 707.8, 8 assault to commit sexual abuse in Code section 709.11, any 9 robbery offense in Code chapter 711 because of the definition 10 of robbery, any burglary offense in Code chapter 713 because of 11 the definition of burglary in Code section 713.1, aggravated 12 theft in Code section 714.3A, interference with official acts 13 in Code section 719.1(2), disorderly conduct in Code section 14 723.4(6), and violation of individual rights in violation of 15 Code section 729A.2. 16 The bill may impact the ability of a juvenile to obtain a 17 driver’s license pursuant to Code section 232.52(2)(a), and 18 affects student suspensions and expulsions in Code section 19 282.4, the definition of domestic abuse in Code section 236.2, 20 forcible felonies in Code section 702.11, felons or others 21 who possess firearms in Code section 724.6, persons required 22 to submit to a medical test in Code section 905.15, and the 23 eligibility to receive a deferred judgment for an assault on a 24 peace officer in Code section 907.3. 25 -3- LSB 1440YC (4) 86 jm/rj 3/ 3