Iowa Code » Chapter 704 — FORCE — REASONABLE OR DEADLY — DEFENSES
Iowa Code

Iowa Code § 704.6 (2026)

When defense not available

✓ Iowa Code 2026 (laws through the 2025 session)
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The defense of justification is not available to the following:

1. One who is participating in a forcible felony, or riot, or a duel.

2. One who initially provokes the use of force against oneself, with the intent to use such force as an excuse to inflict injury on the assailant.

3. One who initially provokes the use of force against oneself by one’s unlawful acts, unless:

a. Such force is grossly disproportionate to the provocation, and is so great that the person reasonably believes that the person is in imminent danger of death or serious injury or

b. The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force. [C79, 81, §704.6] Forcible felony defined, see §702.11 \n

Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 1982–2024 · leading case: State v. Dunson, 433 N.W.2d 676 (Iowa 1988).
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State v. Dunson, 433 N.W.2d 676 (Iowa 1988). · cites it 8× “Iowa Code § 704.6 (3). In any prosecution for assault the State is required to prove beyond a reasonable doubt that the defendant was not acting in self-defense.”
State v. Begey, 672 N.W.2d 747 (Iowa 2003). · cites it 2× “Under Iowa Code section 704.6: The defense of justification is not available to the following: [[Image here]] 2.”
State v. Elam, 328 N.W.2d 314 (Iowa 1982). · cites it 2× “In preparation for his defense of justification pursuant to Iowa Code section 704.6 (1979), the defendant was examined by Dr.”
Rhiner v. City of Clive, 373 N.W.2d 466 (Iowa 1985). “” On appeal, Rhiner impermissi-bly expands his objection to assert the instruction should have included the law contained in 1979 Iowa Code sections 704.6 and 804.8. Iowa Code section 704.”
United States v. Austin Mallory, 104 F.4th 15 (8th Cir. 2024). “Iowa Code § 704.6 (3) (“The defense of justification is not available to .”
State of Iowa v. Jacob Haze Heckethorn, 965 N.W.2d 925 (Iowa Ct. App. 2021). · cites it 5× “) Heckethorn points to Iowa Code section 704.6 (2018), which sets forth the circumstances where “[t]he defense of justification is not available,” see Iowa Code 10 § 704.”
State of Iowa v. Toby Lee McCunn, 975 N.W.2d 34 (Iowa Ct. App. 2022). · cites it 5× “§ 704.6. The caveat for a grossly disproportionate use of force only appears in alternative three of section 704.”
State of Iowa v. Deonte WB Ellison, 985 N.W.2d 473 (Iowa 2023). · cites it 4× “See Iowa Code § 704.6 (including, for instance, participating in a forcible felony or riot, provoking someone to use force to trigger one’s own use of force in response, or provoking someone to use force by one’s own unlawful acts and then responding with force).”
Brett Andrew Gilden v. State of Iowa, 1 N.W.3d 804 (Iowa Ct. App. 2023). · cites it 4× “2 That uniform instruction, based on Iowa Code section 704.6(3), clarifies when a justification defense is available: 400.”
State of Iowa v. William Lee Coleman, 986 N.W.2d 402 (Iowa Ct. App. 2022). · cites it 2× “3, styled “[d]efense of self or another,” states: “A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any actual or imminent use of unlawful force.”
State of Iowa v. David Sean Hunter, 989 N.W.2d 663 (Iowa Ct. App. 2022). · cites it 2× “4, 2021) (observing further that the legislature has not amended section 704.6, which sets out the circumstances that render a justification defense unavailable, and noting that “courts have continued to use justification instructions containing the ‘or continued’ language after…”
State of Iowa v. Keyon Christian Roby, 997 N.W.2d 700 (Iowa Ct. App. 2023). · cites it 2× “See Iowa Code § 704.6 (1). But we do not foreclose the possibility that provocation can diminish an individual’s chance to deliberate and develop a fixed purpose to 8 harm.”
Show all 13 citing cases →
Iowa Code § 704.6(1): 1 case
State of Iowa v. Jacob Haze Heckethorn, 965 N.W.2d 925 (Iowa Ct. App. 2021). “) Heckethorn points to Iowa Code section 704.6 (2018), which sets forth the circumstances where “[t]he defense of justification is not available,” see Iowa Code 10 § 704.”
Iowa Code § 704.6(3): 1 case
Brett Andrew Gilden v. State of Iowa, 1 N.W.3d 804 (Iowa Ct. App. 2023). “2 That uniform instruction, based on Iowa Code section 704.6(3), clarifies when a justification defense is available: 400.”
Iowa Code § 704.6(3)(b): 1 case
State v. Dunson, 433 N.W.2d 676 (Iowa 1988). “Iowa Code § 704.6 (3). In any prosecution for assault the State is required to prove beyond a reasonable doubt that the defendant was not acting in self-defense.”
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