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. “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.
3. 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. [C79, 81, §704.2] 97 Acts, ch 166, §1, 2; 2013 Acts, ch 30, §197; 2017 Acts, ch 69, §38 \n
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1979–2023 · leading case:
State v. O'Shea, 634 N.W.2d 150 (Iowa Ct. App. 2001).
State v. O'Shea, 634 N.W.2d 150 (Iowa Ct. App. 2001).
· cites it 2× “See Iowa Code § 704.2 (2) (1999) (classifying deadly force as that level of force a defendant knew or reasonably should have known would create a strong probability of serious injury).”
State v. Mayes, 286 N.W.2d 387 (Iowa 1979).
· cites it 2× “Deadly force as defined in section 704.2(1)-(3) clearly appeared from “[t]he discharge of a firearm in the direction of some person with knowledge of his .”
Terrell v. Reinecker, 482 N.W.2d 428 (Iowa 1992).
· cites it 2× “Kincaid, Iowa Practice: Evidence § 704.2 n. 7 (1988). A court which does not ban opinion on the ultimate issue as such may nevertheless condemn a question phrased in terms of a legal criterion not adequately defined by the questioner so as to be correctly understood by laymen,…”
People v. Vasquez, 148 P.3d 326 (Colo. Ct. App. 2006).
“§ 703-300 (2005) (defining “deadly force” in terms similar to Model Penal Code); Iowa Code § 704.2 (2) (2005) (deadly force includes, inter alia, that level of force an actor knew or reasonably should have known would create a strong probability of serious injury); Me.”
State v. Rupp, 282 N.W.2d 125 (Iowa 1979).
“See § 704.2(3), Iowa Criminal Code, for definition of “deadly force” as applicable here.”
In Re Waters, 90 B.R. 946 (Bankr. D. Iowa 1988).
“, § 704.2(a)(2). (“ ‘Annual rental payment’ means the annual payment specified in the CRP Contract which is made to a participant to compensate such participant for placing erodible cropland in the CRP.”
State of Iowa v. Dreasean Maurice Barber (Iowa Ct. App. 2019).
· cites it 2× “3 The 2017 legislation amended Section 704.2(2) to include: “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…”
State of Iowa v. Quarzone Erikey Martin (Iowa Ct. App. 2020).
· cites it 2× ““Deadly force” is defined in section 704.2. Iowa’s new “Stand Your Ground” law—which took effect the day before Martin’s shooting of Meeks and Moore—creates a presumption that a person reasonably believes deadly force is necessary under certain circumstances: (1) For purposes of…”
State of Iowa v. Gregg Eugene Winterfeld (Iowa Ct. App. 2023).
· cites it 2× “at 425; see also Iowa Code §§ 704.2 , 704.3 (2019). The jury was instructed the State had to prove, beyond a reasonable doubt, that Winterfeld acted without justification.”
— Iowa Code § 704.2(1) — 1 case
State v. Mayes, 286 N.W.2d 387 (Iowa 1979).
“Deadly force as defined in section 704.2(1)-(3) clearly appeared from “[t]he discharge of a firearm in the direction of some person with knowledge of his .”
— Iowa Code § 704.2(2) — 1 case
State of Iowa v. Dreasean Maurice Barber (Iowa Ct. App. 2019).
“3 The 2017 legislation amended Section 704.2(2) to include: “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…”
— Iowa Code § 704.2(3) — 1 case
State v. Rupp, 282 N.W.2d 125 (Iowa 1979).
“See § 704.2(3), Iowa Criminal Code, for definition of “deadly force” as applicable here.”
— Iowa Code § 704.2(a)(2) — 1 case
In Re Waters, 90 B.R. 946 (Bankr. D. Iowa 1988).
“, § 704.2(a)(2). (“ ‘Annual rental payment’ means the annual payment specified in the CRP Contract which is made to a participant to compensate such participant for placing erodible cropland in the CRP.”
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