Iowa Use of Force Laws

Iowa codifies its use-of-force law in Iowa Code Chapter 704. The chapter sets out when a person may use reasonable force to defend themselves or others, when deadly force is justified, the codified Stand Your Ground rule (Iowa Code Section 704.2A), the castle doctrine (Iowa Code Section 704.1(3)), and civil and criminal immunity for justified force (Iowa Code Section 704.13). HF 517 (2017) significantly modernized this chapter.

Statutory Framework

• Iowa Code Section 704.1 - Definitions of "reasonable force," "deadly force," and the castle doctrine presumption
• Iowa Code Section 704.2 - Justifications generally
• Iowa Code Section 704.2A - Justifiable use of reasonable force (Stand Your Ground)
• Iowa Code Section 704.3 - Defense of self or another
• Iowa Code Section 704.4 - Defense of property
• Iowa Code Section 704.5 - Aiding another in defense
• Iowa Code Section 704.6 - When defense not available (initial aggressor, etc.)
• Iowa Code Section 704.13 - Civil and criminal immunity for justified force

"Reasonable Force" Defined (Iowa Code Section 704.1)

Iowa Code Section 704.1(1) defines "reasonable force" 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 may include, in the proper circumstances, the use of deadly force.

When Reasonable Force Is Justified (Iowa Code Section 704.3)

Under Iowa Code Section 704.3, a person is justified in using reasonable force to defend themselves or another from any actual or imminent use of unlawful force.

When Deadly Force Is Justified

Iowa Code Section 704.1(2) defines "deadly force" as force that the user knows or reasonably should know will create a strong probability of death or serious injury. Deadly force is permitted only when the person reasonably believes it is necessary to:

1. Resist a like force or threat that would result in death or serious injury
2. Prevent the commission of a forcible felony (which includes any felony involving the use or threat of physical force or violence against any individual)

Stand Your Ground (Iowa Code Section 704.2A)

Iowa is a codified Stand Your Ground state. Under Iowa Code Section 704.2A, 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, including deadly force, when the use of force is otherwise justified under Iowa Code Chapter 704. This rule replaced Iowa's earlier common-law "retreat to the wall" doctrine and was enacted in HF 517 (2017).

Requirements to invoke Stand Your Ground:

• The person must be in a place where they have a lawful right to be
• The person must not be engaged in illegal activity at the time of the encounter
• The use of force must otherwise satisfy the requirements of Iowa Code Section 704.3 (for non-deadly force) or Iowa Code Section 704.1(2) (for deadly force)

Castle Doctrine (Iowa Code Section 704.1(3))

Iowa Code Section 704.1(3) creates a rebuttable presumption that a person who unlawfully enters or attempts to enter a person's home, place of business or employment, or occupied vehicle does so with the intent to commit a forcible felony or with intent to cause death or serious injury. This presumption supports a finding that the defender's belief in the necessity of deadly force was reasonable.

The presumption does not apply if:

• The person against whom force is used has a legal right to be in the dwelling, business, or vehicle
• The person against whom force is used is a peace officer acting in the course of duty whom the defender knew or should have known was a peace officer
• The defender is engaged in unlawful activity at the time

Civil and Criminal Immunity (Iowa Code Section 704.13)

Iowa Code Section 704.13, added by HF 517 (2017), grants immunity from criminal prosecution and from civil liability to a person who uses reasonable force under Iowa Code Chapter 704 against another for the purpose of preventing serious injury or death. The defender is also entitled to recover attorney fees, court costs, and reasonable expenses if a civil case is dismissed on immunity grounds.

When Defense Is Not Available (Iowa Code Section 704.6)

Iowa Code Section 704.6 lists situations where the justification defense is unavailable, including:

• The actor was the initial aggressor (unless they withdrew and communicated withdrawal)
• The actor was engaged in or attempting to commit a forcible felony
• The actor was using the force in connection with mutual combat

Reporting Use of Force

Iowa has no statute requiring an immediate report of any defensive display or discharge to law enforcement; however, if force results in injury or death, the person who used force should:

• Contact 911 promptly
• Identify themselves and report the location
• Cooperate with arriving officers but consult counsel before giving a detailed statement
• Preserve the scene where possible

Practical Considerations for Carriers

• Knowing Iowa Code Section 704.1 definitions and the Stand Your Ground rule does not substitute for sound judgment
• Always seek to retreat or de-escalate even where Iowa law permits standing one's ground
• Document witness names and physical evidence
• Contact a criminal defense attorney with experience in Iowa use-of-force cases as early as possible
• Display or use of force creates legal consequences even where ultimately justified

Limitations

The information in this section is general and may be affected by recent case law or amendments to Iowa Code Chapter 704. The Iowa Court of Appeals and Iowa Supreme Court regularly issue decisions interpreting these statutes. Consult a licensed Iowa attorney for specific advice.