IA 704.2 Deadly force.

IA 704.2 Deadly force.

State: Iowa

Iowa Code § 704.2 (2018)

Title XVI Criminal Law and Procedure

Subtitle 1 Crime Control and Criminal Acts

Chapter 704 Force — Reasonable or Deadly — Defenses

704.2 Deadly force.

1. The term “deadly force” means any of the following:

a. Force used for the purpose of causing serious injury.

b. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result.

c. 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.

d. 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.

2. 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.

1A. “Deadly force” does not include a threat to cause serious injury or death, by the production, display, or brandishing of a deadly weapon, as long as the actions of the person are limited to creating an expectation that the person may use deadly force to defend oneself, another, or as otherwise authorized by law.

(NOTE: Paragraph 1A of this statute became effective 7/1/17.)

 

By | 2018-04-08T14:11:00+00:00 January 11th, 2013|Comments Off on IA 704.2 Deadly force.