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Bill > SF401

IA SF401

A bill for an act relating to the defenses of justification and diminished capacity for certain violent crimes.

summary

Introduced
02/20/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill specifies that the defenses of justification and diminished capacity are not available when a person who is the subject of a nonviolent sexual advance commits a violent crime or an assault upon another person as the result of that sexual advance or solely as a result of the person’s discovery of, knowledge about, or potential disclosure of the victim’s sex, sexual orientation, or gender identity. Code section 915.10 defines “violent crime” as a forcible felony, as defined in Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons. Code section 708.1 defines assault. A person commits an assault when, without justification, the person does any of the following: any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another; and intentionally points a laser toward a person or aircraft.

AI Summary

This bill modifies Iowa Code section 704.6 to expand restrictions on legal defenses in certain criminal situations. Specifically, the bill adds a new provision that prohibits using the defenses of justification and diminished capacity for individuals who commit a violent crime or assault in response to a nonviolent sexual advance, or solely as a result of learning about or potentially disclosing the victim's sex, sexual orientation, or gender identity. The bill maintains existing provisions that already limit the defense of justification, such as for individuals participating in a forcible felony, riot, or duel, or those who intentionally provoke an attack to create an excuse for inflicting injury. The key change is the new subsection that removes legal defenses in cases involving violent reactions to sexual advances or identity-related discoveries, effectively preventing such circumstances from being used as legal justification for violent actions. By defining terms like "violent crime" (referencing section 915.10) and "assault" (referencing section 708.1), the bill provides clear legal parameters for when these defenses are unavailable.

Committee Categories

Justice

Sponsors (9)

Last Action

Subcommittee: Schultz, Blake, and Bousselot. S.J. 356. (on 02/25/2025)

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