Senate File 401 - Introduced 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 1 capacity for certain violent crimes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2185XS (3) 91 as/js
S.F. 401 Section 1. Section 704.6, Code 2025, is amended to read as 1 follows: 2 704.6 When defense defenses not available. 3 1. The defense of justification is not available to the 4 following: 5 1. a. One A person who is participating in a forcible 6 felony, or riot, or a duel. 7 2. b. One A person who initially provokes the use of force 8 against oneself the persons self , with the intent to use such 9 force as an excuse to inflict injury on the assailant. 10 3. c. One A person who initially provokes the use of 11 force against oneself the persons self by ones the persons 12 unlawful acts , unless either of the following applies : 13 a. (1) Such force is grossly disproportionate to the 14 provocation, and is so great that the person reasonably 15 believes that the person is in imminent danger of death or 16 serious injury or . 17 b. (2) The person withdraws from physical contact with 18 the other and indicates clearly to the other that the person 19 desires to terminate the conflict but the other continues or 20 resumes the use of force. 21 2. The defenses of justification and diminished capacity 22 are not available to a person who is the subject of a 23 nonviolent sexual advance who commits a violent crime, as 24 defined in section 915.10, or to a person who commits an 25 assault, as defined in section 708.1, upon another person as 26 the result of the persons discovery of, knowledge about, or 27 potential disclosure of the victims sex, sexual orientation, 28 or gender identity. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill specifies that the defenses of justification and 33 diminished capacity are not available when a person who is the 34 subject of a nonviolent sexual advance commits a violent crime 35 -1- LSB 2185XS (3) 91 as/js 1/ 2
S.F. 401 or an assault upon another person as the result of that sexual 1 advance or solely as a result of the persons discovery of, 2 knowledge about, or potential disclosure of the victims sex, 3 sexual orientation, or gender identity. 4 Code section 915.10 defines violent crime as a forcible 5 felony, as defined in Code section 702.11, and includes any 6 other felony or aggravated misdemeanor which involved the 7 actual or threatened infliction of physical or emotional injury 8 on one or more persons. Code section 708.1 defines assault. 9 A person commits an assault when, without justification, the 10 person does any of the following: any act which is intended 11 to cause pain or injury to, or which is intended to result 12 in physical contact which will be insulting or offensive to 13 another, coupled with the apparent ability to execute the act; 14 any act which is intended to place another in fear of immediate 15 physical contact which will be painful, injurious, insulting, 16 or offensive, coupled with the apparent ability to execute 17 the act; intentionally points any firearm toward another, or 18 displays in a threatening manner any dangerous weapon toward 19 another; and intentionally points a laser toward a person or 20 aircraft. 21 -2- LSB 2185XS (3) 91 as/js 2/ 2