IA 704.1 Reasonable force.

IA 704.1 Reasonable force.

State: Iowa

Iowa Code § 704.1 (2018)

Title XVI Criminal Law and Procedure

Subtitle 1 Crime Control and Criminal Acts

Chapter 704 Force — Reasonable or Deadly — Defenses

704.1 Reasonable force.

1. “Reasonable force” means 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.

2. A person may be wrong in the estimation of the danger or the force necessary to repel the danger as long as there is a reasonable basis for the belief of the person and the person acts reasonably in the response to that belief.

3. A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as specified in this chapter.

(NOTE: The above version of this statute became effective 7/1/17.)

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The following is the statute as it existed prior to modification effective 7/1/17:

704.1  Reasonable force. (pre-7/1/17)

“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.

By | 2018-04-08T14:10:21+00:00 January 11th, 2013|Comments Off on IA 704.1 Reasonable force.