SF 401 (LSB 2185XS (3) 91)

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 capacity for certain violent crimes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 704.6, Code 2025, is amended to read as follows:
   704.6  When defense defenses not available.
   1.  The defense of justification is not available to the following:
   1.  a.  One A person who is participating in a forcible felony, or riot, or a duel.
   2.  b.  One A person who initially provokes the use of force against oneself the person’s self, with the intent to use such force as an excuse to inflict injury on the assailant.
   3.  c.  One A person who initially provokes the use of force against oneself the person’s self by one’s the person’s unlawful acts, unless either of the following applies:
   a.  (1)  Such force is grossly disproportionate to the provocation, and is so great that the person reasonably believes that the person is in imminent danger of death or serious injury or.
   b.  (2)  The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force.
   2.  The defenses of justification and diminished capacity are not available to a person who is the subject of a nonviolent sexual advance who commits a violent crime, as defined in section 915.10, or to a person who commits an assault, as defined in section 708.1, upon another person as the result of the person’s discovery of, knowledge about, or potential disclosure of the victim’s sex, sexual orientation, or gender identity.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill specifies that the defenses of justification and diminished capacity are not available when a person who is the subject of a nonviolent sexual advance commits a violent crime or an assault upon another person as the result of that sexual advance or solely as a result of the person’s discovery of, knowledge about, or potential disclosure of the victim’s sex, sexual orientation, or gender identity.
   Code section 915.10 defines “violent crime” as a forcible felony, as defined in Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons. Code section 708.1 defines assault. A person commits an assault when, without justification, the person does any of the following: any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another; and intentionally points a laser toward a person or aircraft.