What is the self-defense law in the state of Iowa? Is there a good place to find info. on the web?
I practice tae-kwon-do and was wondering about the Iowa state law and how it applies to cases of self defense.
Thanks for any help you may provide.
- theyuksLv 41 decade agoFavorite Answer
From the 2007 Iowa General State Assembly revised codes (see link below)
704.1 Reasonable force.
"Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment.
704.2 Deadly force.
The term "deadly force" means any of the following:
1. Force used for the purpose of causing serious injury.
2. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result.
3. The discharge of a firearm, other than a firearm loaded with less lethal munitions and discharged by a peace officer, corrections officer, or corrections official in the line of duty, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown.
4. The discharge of a firearm, other than a firearm loaded with less lethal munitions and discharged by a peace officer, corrections officer, or corrections official in the line of duty, at a vehicle in which a person is known to be.
As used in this section, "less lethal munitions" means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body.
704.3 Defense of self or another.
A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force.
704.6 When defense not available.
The defense of justification is not available to the following:
1. One who is participating in a forcible felony, or riot, or a duel.
2. One who initially provokes the use of force against oneself, with the intent to use such force as an excuse to inflict injury on the assailant.
3. One who initially provokes the use of force against oneself by one's unlawful acts, unless:
a. 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. 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.Source(s): 2007 IOWA CODE/TITLE XVI CRIMINAL LAW AND PROCEDURE/SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS/CHAPTER 704 FORCE http://nxtsearch.legis.state.ia.us/NXT/gateway.dll...
- Anonymous1 decade ago
you should also check case-law to see if there is a "retreat" requirement.
in certain states such as new york, under the law you must first attempt to retreat before you can bring in a "self-defence" situation.
Also find out if the "self-defence" operates as an "affirmative defence" one you must prove yourself and the burden of proof is on you. Or it simply acts as an exemption to one of the elements of the crime/tort.
you should find out how the civil and criminal statutes vary as well. your best bet if you are really concerned would be to contact a lawyer for a half hour or hour
- Anonymous1 decade ago
This site has some links that should help you out.