Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.5 Deadly Force – General Statement.

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

1. Force used to purposefully cause a serious injury, as defined in Instruction ____;*

2. Force that the defendant knew or should have reasonably known would create a strong probability that serious injury, as defined in Instruction ____,* would result;

3. Discharging a firearm in the direction of someone, knowing they are present, even with no intent to cause a serious injury, as defined in Instruction ____;* or

4. Discharging a firearm at a vehicle in which someone is known to be.

“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.

Authority

Iowa Code sections 704.2, 702.18

Comment

Note: * Include and refer to Iowa Criminal Jury Instruction J.I. Crim._

Note: Iowa Criminal Jury Instructions J.I. Crim._

When the defendant is a peace officer, corrections officer, or corrections official acting in the line of duty, refer to Iowa Code section 704.2 and modify paragraphs 3 and 4:

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. “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.

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.

Updated 6/2020

 

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