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.
[C51, §2773; R60, §4442; C73, §4112; C97, §5102; C24, 27, 31, 35, 39, §12921; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, §691.1; C79, 81, §704.1; 81 Acts, ch 204, §2]
2017 Acts, ch 69, §37
Referred to in §234.40, 280.21
\n
Notes of Decisions
State of Iowa v. Antoine Tyree Williams, 929 N.W.2d 621 (Iowa 2019).
· cites it 10× “69, § 37 (codified at Iowa Code § 704.1 (2018)). During the 2017 session, the general assembly rewrote section 704.”
State of Iowa v. Denise Leone Frei, 831 N.W.2d 70 (Iowa 2013).
· cites it 3× “Id § 704.1. When interpreting and applying these statutes, we have explained that “the test of justification is both subjective and objective.”
State v. Ceaser, 585 N.W.2d 192 (Iowa 1998).
· cites it 4× “" Iowa Code § 704.1 . Applying the foregoing rules and definitions to this case, we conclude the store employees were lawfully entitled to use reasonable *195 force to stop Ceaser from leaving the store.”
State v. Thornton, 498 N.W.2d 670 (Iowa 1993).
· cites it 2× “Iowa Code §§ 704.1 , 704.3. The burden of proof is on the State to prove justification did not exist here.”
State v. Stallings, 541 N.W.2d 855 (Iowa 1995).
· cites it 6× “Iowa Code § 704.1 (1979). In 1981 Iowa Code section 704.”
Sharon Dooley v. Jon Tharp, 856 F.3d 1177 (8th Cir. 2017).
· cites it 2× “Having determined “on the federal claim that Tharp’s use of force was objectively reasonable,” the district court granted Tharp’s motion for summary judgment on the state claims based on his affirmative defenses of justification and self-defense.”
State v. Bedard, 668 N.W.2d 598 (Iowa 2003).
· cites it 2× “Iowa Code § 704.1 (emphasis added). While we recognize that the burden to disprove self-defense is with the State, see State v.”
State v. Rankin, 181 N.W.2d 169 (Iowa 1970).
· cites it 4× “A Lee County jury convicted defendant of the crime of incest in violation of section 704.1, Code of Iowa. He was sentenced to a term not to exceed 25 years in the state penitentiary at Fort Madison.”
State of Iowa v. Darrell Allen Showens, 845 N.W.2d 436 (Iowa 2014).
“§ 704.1. An element of the crime of indecent exposure is whether the person “knows or reasonably should know that the act is offensive to the viewer.”
State v. O'Shea, 634 N.W.2d 150 (Iowa Ct. App. 2001).
· cites it 2× “Iowa Code § 704.1 (1999). Boley was not armed with a weapon and no person, including O’Shea, testified it even appeared that she held one.”
State v. McCall, 63 N.W.2d 874 (Iowa 1954).
· cites it 4× “The indictment accuses defendant of the crime of incest in violation of section 704.1 of the Code and charges defendant, on or about July 21, 1952, “committed incest with his daughter, Letha McCall.”
State v. Peck, 539 N.W.2d 170 (Iowa 1995).
· cites it 2× ““Reasonable force” in turn is defined by section 704.1 as 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…”
— Iowa Code § 704.1(1) — 6 cases
— Iowa Code § 704.1(2) — 3 cases
— Iowa Code § 704.1(3) — 10 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.