Iowa Code » Chapter 707 — HOMICIDE AND RELATED CRIMES

Iowa Code § 707.4

Voluntary manslaughter

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1. A person commits voluntary manslaughter when that person causes the death of another person, under circumstances which would otherwise be murder, if the person causing the death acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person and there is not an interval between the provocation and the killing in which a person of ordinary reason and temperament would regain control and suppress the impulse to kill. 2. Voluntary manslaughter is a class “C” felony. 3. Voluntary manslaughter is an included offense under an indictment for murder in the first or second degree. 4. For purposes of determining whether a person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [C51, §2576; R60, §4199; C73, §3856; C97, §4751; C24, 27, 31, 35, 39, §12919; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §690.10; C79, 81, §707.4] 2009 Acts, ch 119, §50; 2013 Acts, ch 90, §224 Referred to in §321.208, 331.802, 692A.102, 692A.126, 910.3A

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Notes of Decisions
Cited in 47 cases (14 in the last 5 years), 1982–2026 · leading case: State of Iowa v. Kevin Deshay Ambrose
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State of Iowa v. Kevin Deshay Ambrose (2015) iowa · cites it 4× “Iowa Code § 707.4 (2011). We recently discussed the concept of serious provocation in State v.”
State of Iowa v. Jonas Dorian Neiderbach (2013) iowa · cites it 3× “See Iowa Code § 707.4 . The evidence of serious provocation in this case — that Gabel slapped Thompson and flipped him off before he shot her — was insufficient to submit a voluntary manslaughter instruction.”
State of Iowa v. Joseph D. Ceretti (2015) iowa · cites it 4× “See Iowa Code §§ 707.4 , .11 (2011); id. § 708.”
State of Iowa v. Christopher Craig Thompson (2013) iowa · cites it 2× “See Iowa Code § 707.4 . The evidence of serious provocation in this case— that Gabel slapped Thompson and flipped him off before he shot her— was insufficient to submit a voluntary manslaughter instruction.”
State v. Reeves (2003) iowa “Iowa Code § 707.4 . With respect to the deadly weapon issue, we think the district court cited evidence that preponderated heavily in support of its finding of provocation sufficient to overcome the presumption of malice aforethought.”
State v. Thongvanh (1986) iowactapp · cites it 4× “Iowa Code § 707.4 (1985). A prerequisite for defendant to have been convicted of voluntary manslaughter was that he acted "solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person.”
State v. Jeffries (1988) iowa “See Iowa Code § 707.4 . Involuntary manslaughter is made an included offense for first- or second-degree murder and for voluntary manslaughter.”
State v. Spates (2010) iowa “See Iowa Code § 707.4 ; Jeffries, 430 N.W.2d at 737 .”
State v. Ware (1983) iowa “’ Iowa Code § 707.4 (1981). Nothing in this record suggests the presence of any of those factors in the killing of Tappa on the evening in question.”
State v. Thompson (1982) iowa · cites it 2× “the included offense of voluntary manslaugh *336 ter, Iowa Code § 707.4 (1979), assigning three errors.”
State v. Taylor (1990) iowa · cites it 2× “Iowa Code § 707.4 . The court in its written finding and conclusion stated: To find the defendant guilty of voluntary manslaughter the evidence must establish beyond a reasonable doubt that: (1) That on February 23, 1988, the defendant did grab Sylvester Koester and shake him…”
Johnny Lee Johnson, applicant-appellee/cross-appellant v. State of Iowa, respondent-appellant/cross-appellee. (2014) iowactapp “…killing in which a person of ordinary reason’ and temperament would regain control and suppress the impulse to kill. Iowa Code § 707.4 .”
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