707.1 MURDER DEFINED.
A person who kills another person with malice aforethought either
express or implied commits murder. Section History: Early Form
[C51, § 2568; R60, § 4191; C73, § 3848; C97, § 4727, 4796; C24,
27, 31, 35, 39, § 12910, 12961; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, § 690.1, 697.1; C79, 81, § 707.1]
Referred to in § 229A.2
707.2 MURDER IN THE FIRST DEGREE.
A person commits murder in the first degree when the person
commits murder under any of the following circumstances:
1. The person willfully, deliberately, and with premeditation
kills another person.
2. The person kills another person while participating in a
forcible felony.
3. The person kills another person while escaping or attempting
to escape from lawful custody.
4. The person intentionally kills a peace officer, correctional
officer, public employee, or hostage while the person is imprisoned
in a correctional institution under the jurisdiction of the Iowa
department of corrections, or in a city or county jail.
5. The person kills a child while committing child endangerment
under section 726.6, subsection 1, paragraph "b", or while
committing assault under section 708.1 upon the child, and the death
occurs under circumstances manifesting an extreme indifference to
human life.
6. The person kills another person while participating in an act
of terrorism as defined in section 708A.1.
Murder in the first degree is a class "A" felony.
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.
Section History: Early Form
[C51, § 2569, 2572; R60, § 4192, 4195; C73, § 3849, 3852; C97, §
4728, 4747, 4796; C24, 27, 31, 35, 39, § 12911, 12924, 12961;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 690.2, 692.1, 697.1; C79,
81, § 707.2] Section History: Recent Form
83 Acts, ch 96, § 118, 159; 94 Acts, ch 1172, §42; 2002 Acts, ch
1075, §1; 2009 Acts, ch 119, §48
Referred to in § 331.802, 692A.101, 692A.102, 692A.126, 910.3A
Definition of forcible felony, see § 702.11
707.3 MURDER IN THE SECOND DEGREE.
A person commits murder in the second degree when the person
commits murder which is not murder in the first degree.
Murder in the second degree is a class "B" felony. However,
notwithstanding section 902.9, subsection 2, the maximum sentence for
a person convicted under this section shall be a period of
confinement of not more than fifty years.
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.
Section History: Early Form
[C51, § 2570; R60, § 4193; C73, § 3850; C97, § 4729; C24, 27, 31,
35, 39, § 12912; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
690.3; C79, 81, § 707.3; 82 Acts, ch 1239, § 1] Section History: Recent Form
2009 Acts, ch 119, §49
Referred to in § 331.802, 692A.101, 692A.102, 692A.126, 902.12,
910.3A
Definition of forcible felony, § 702.11
Eligibility for deferred judgment, deferred sentence, suspended
sentence, § 907.3
707.4 VOLUNTARY MANSLAUGHTER.
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.
Voluntary manslaughter is an included offense under an indictment
for murder in the first or second degree.
Voluntary manslaughter is a class "C" felony.
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.
Section History: Early Form
[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] Section History: Recent Form
2009 Acts, ch 119, §50
Referred to in § 331.802, 692A.102, 692A.126, 910.3A
707.5 INVOLUNTARY MANSLAUGHTER.
1. A person commits a class "D" felony when the person
unintentionally causes the death of another person by the commission
of a public offense other than a forcible felony or escape.
2. A person commits an aggravated misdemeanor when the person
unintentionally causes the death of another person by the commission
of an act in a manner likely to cause death or serious injury.
Involuntary manslaughter as defined in this section is an included
offense under an indictment for murder in the first or second degree
or voluntary manslaughter.
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.
Section History: Early Form
[C51, § 2576; R60, § 4199; C73, § 3856; C97, § 4751; C24, 27, 31,
35, 39, § 12919, 12920; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
§ 690.10, 690.11; C79, 81, § 707.5] Section History: Recent Form
2009 Acts, ch 119, §51
Referred to in § 321J.10, 331.802, 692A.102, 692A.126, 910.3A
Definition of forcible felony, § 702.11
707.6 CIVIL LIABILITY.
No person who injures the aggressor through application of
reasonable force in defense of the person's person or property may be
held civilly liable for such injury.
No person who injures the aggressor through application of
reasonable force in defense of a second person may be held civilly
liable for such injury. Section History: Early Form
[C79, 81, § 707.6]
707.6A HOMICIDE OR SERIOUS INJURY BY VEHICLE.
1. A person commits a class "B" felony when the person
unintentionally causes the death of another by operating a motor
vehicle while intoxicated, as prohibited by section 321J.2. Upon a
plea or verdict of guilty of a violation of this subsection, the
court shall do the following:
a. Order the state department of transportation to revoke the
defendant's driver's license or nonresident operating privileges for
a period of six years. The defendant shall surrender to the court
any Iowa license or permit and the court shall forward the license or
permit to the department with a copy of the revocation order. The
defendant shall not be eligible for a temporary restricted license
for at least two years after the revocation.
b. Order the defendant, at the defendant's expense, to do the
following:
(1) Enroll, attend, and satisfactorily complete a course for
drinking drivers, as provided in section 321J.22.
(2) Submit to evaluation and treatment or rehabilitation
services.
c. A driver's license or nonresident operating privilege
shall not be reinstated until proof of completion of the requirements
of paragraph "b" is presented to the department.
d. Where the program is available and appropriate for the
defendant, the court shall also order the defendant to participate in
a reality education substance abuse prevention program as provided in
section 321J.24.
2. A person commits a class "C" felony when the person
unintentionally causes the death of another by any of the following
means:
a. Driving a motor vehicle in a reckless manner with willful
or wanton disregard for the safety of persons or property, in
violation of section 321.277.
b. Eluding or attempting to elude a pursuing law enforcement
vehicle, in violation of section 321.279, if the death of the other
person directly or indirectly results from the violation.
3. A person commits a class "D" felony when the person
unintentionally causes the death of another while drag racing, in
violation of section 321.278.
4. A person commits a class "D" felony when the person
unintentionally causes a serious injury, as defined in section
321J.1, by any of the means described in subsection 1 or 2.
5. As used in this section, "motor vehicle" includes any
vehicle defined as a motor vehicle in section 321.1.
6. Except for the purpose of sentencing under section 321J.2,
subsection 2, a conviction or deferral of judgment for a violation of
this section, where a violation of section 321J.2 is admitted or
proved, shall be treated as a conviction or deferral of judgment for
a violation of section 321J.2 for the purposes of chapters 321, 321A,
and 321J, and section 907.3, subsection 1.
7. Notwithstanding the provisions of sections 901.5 and 907.3,
the court shall not defer judgment or sentencing, or suspend
execution of any part of the sentence applicable to the defendant for
a violation of subsection 1, or for a violation of subsection 4
involving the operation of a motor vehicle while intoxicated. Section History: Recent Form
86 Acts, ch 1220, § 41; 89 Acts, ch 211, § 1; 90 Acts, ch 1251, §
55; 94 Acts, ch 1069, §2; 97 Acts, ch 177, §26--28; 98 Acts, ch 1073,
§9
Referred to in §321.210D, 321.555, 321J.10, 331.802, 707.8, 811.1,
902.12, 907.3, 910.3A, 915.80
But see penalties applicable under § 707.5, 707.8, and 708.2
707.7 FETICIDE.
1. Any person who intentionally terminates a human pregnancy,
with the knowledge and voluntary consent of the pregnant person,
after the end of the second trimester of the pregnancy where death of
the fetus results commits feticide. Feticide is a class "C" felony.
2. Any person who attempts to intentionally terminate a human
pregnancy, with the knowledge and voluntary consent of the pregnant
person, after the end of the second trimester of the pregnancy where
death of the fetus does not result commits attempted feticide.
Attempted feticide is a class "D" felony.
3. Any person who terminates a human pregnancy, with the
knowledge and voluntary consent of the pregnant person, who is not a
person licensed to practice medicine and surgery or osteopathic
medicine and surgery under the provisions of chapter 148, commits a
class "C" felony.
4. This section shall not apply to the termination of a human
pregnancy performed by a physician licensed in this state to practice
medicine or surgery or osteopathic medicine or surgery when in the
best clinical judgment of the physician the termination is performed
to preserve the life or health of the pregnant person or of the fetus
and every reasonable medical effort not inconsistent with preserving
the life of the pregnant person is made to preserve the life of a
viable fetus. Section History: Early Form
[R60, § 4221; C73, § 3864; C97, § 4759; SS15, § 4759; C24, 27, 31,
35, 39, § 12973; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
701.1; C79, 81, § 707.7] Section History: Recent Form
96 Acts, ch 1077, §1; 2009 Acts, ch 133, §175
Definition of "viability", § 702.20
707.8 NONCONSENSUAL TERMINATION -- SERIOUS INJURY TO
A HUMAN PREGNANCY.
1. A person who terminates a human pregnancy without the consent
of the pregnant person during the commission of a forcible felony is
guilty of a class "B" felony.
2. A person who terminates a human pregnancy without the consent
of the pregnant person during the commission of a felony or felonious
assault is guilty of a class "C" felony.
3. A person who intentionally terminates a human pregnancy
without the knowledge and voluntary consent of the pregnant person is
guilty of a class "C" felony.
4. A person who unintentionally terminates a human pregnancy by
any of the means provided pursuant to section 707.6A, subsection 1,
is guilty of a class "C" felony.
5. A person who by force or intimidation procures the consent of
the pregnant person to a termination of a human pregnancy is guilty
of a class "C" felony.
6. A person who unintentionally terminates a human pregnancy
while drag racing in violation of section 321.278 is guilty of a
class "D" felony.
7. A person who unintentionally terminates a human pregnancy
without the knowledge and voluntary consent of the pregnant person by
the commission of an act in a manner likely to cause the termination
of or serious injury to a human pregnancy is guilty of an aggravated
misdemeanor.
8. A person commits an aggravated misdemeanor when the person
intentionally causes serious injury to a human pregnancy by the
commission of an act in a manner likely to cause the termination of
or serious injury to a human pregnancy.
9. A person commits an aggravated misdemeanor when the person
unintentionally causes serious injury to a human pregnancy by any of
the means described in section 707.6A, subsection 1.
10. A person commits a serious misdemeanor when the person
unintentionally causes serious injury to a human pregnancy by the
commission of an act in a manner likely to cause the termination of
or serious injury to the human pregnancy.
11. For the purposes of this section "serious injury to a human
pregnancy" means, relative to the human pregnancy, disabling mental
illness, or bodily injury which creates a substantial risk of death
or which causes serious permanent disfigurement, or protracted loss
or impairment of the function of any bodily member or organ, and
includes but is not limited to skull fractures, rib fractures, and
metaphyseal fractures of the long bones.
12. As used in this section, actions which cause the termination
of or serious injury to a pregnancy do not apply to any of the
following:
a. An act or omission of the pregnant person.
b. A termination of or a serious injury to a pregnancy which
is caused by the performance of an approved medical procedure
performed by a person licensed in this state to practice medicine and
surgery or osteopathic medicine and surgery, irrespective of the
duration of the pregnancy and with or without the voluntary consent
of the pregnant person when circumstances preclude the pregnant
person from providing consent.
c. An act committed in self-defense or in defense of another
person or any other act committed if legally justified or excused.
Section History: Early Form
[C79, 81, § 707.8] Section History: Recent Form
96 Acts, ch 1077, §2
707.8A PARTIAL-BIRTH ABORTION PROHIBITED --
EXCEPTIONS -- PENALTIES.
1. As used in this section, unless the context otherwise
requires:
a. "Abortion" means abortion as defined in section 146.1.
b. "Fetus" means a human fetus.
c. "Partial-birth abortion" means an abortion in which a
person partially vaginally delivers a living fetus before killing the
fetus and completing the delivery.
d. "Vaginally delivers a living fetus before killing the
fetus" means deliberately and intentionally delivering into the
vagina a living fetus or a substantial portion of a living fetus for
the purpose of performing a procedure the person knows will kill the
fetus, and then killing the fetus.
2. A person shall not knowingly perform or attempt to perform a
partial-birth abortion. This prohibition shall not apply to a
partial-birth abortion that is necessary to save the life of the
mother whose life is endangered by a physical disorder, physical
illness, or physical injury.
3. This section shall not be construed to create a right to an
abortion.
4. a. The mother on whom a partial-birth abortion is
performed, the father of the fetus, or, if the mother is less than
eighteen years of age or unmarried at the time of the partial-birth
abortion, a maternal grandparent of the fetus may bring an action
against a person violating subsection 2 to obtain appropriate relief,
unless the pregnancy resulted from the plaintiff's criminal conduct
or the plaintiff consented to the partial-birth abortion.
b. In an action brought under this subsection, appropriate
relief may include any of the following:
(1) Statutory damages which are equal to three times the cost of
the partial-birth abortion.
(2) Compensatory damages for all injuries, psychological and
physical, resulting from violation of subsection 2.
5. A person who violates subsection 2 is guilty of a class "C"
felony.
6. A mother upon whom a partial-birth abortion is performed shall
not be prosecuted for violation of subsection 2 or for conspiracy to
violate subsection 2.
7. a. A licensed physician subject to the authority of the
board of medicine who is accused of a violation of subsection 2 may
seek a hearing before the board on whether the physician's conduct
was necessary to save the life of the mother whose life was
endangered by a physical disorder, physical illness, or physical
injury.
b. The board's findings concerning the physician's conduct
are admissible at the criminal trial of the physician. Upon a motion
of the physician, the court shall delay the beginning of the trial
for not more than thirty days to permit the hearing before the board
of medicine to take place. Section History: Recent Form
98 Acts, ch 1009, §1; 2007 Acts, ch 10, §181
707.9 MURDER OF FETUS ABORTED ALIVE.
A person who intentionally kills a viable fetus aborted alive
shall be guilty of a class "B" felony. Section History: Early Form
[C79, 81, § 707.9]
Definition of "viability", § 702.20
707.10 DUTY TO PRESERVE THE LIFE OF THE FETUS.
A person who performs or induces a termination of a human
pregnancy and who willfully fails to exercise that degree of
professional skill, care, and diligence available to preserve the
life and health of a viable fetus shall be guilty of a serious
misdemeanor. Section History: Early Form
[C79, 81, § 707.10]
Definition of "viability", § 702.20
707.11 ATTEMPT TO COMMIT MURDER.
A person commits a class "B" felony when, with the intent to cause
the death of another person and not under circumstances which would
justify the person's actions, the person does any act by which the
person expects to set in motion a force or chain of events which will
cause or result in the death of the other person.
It is not a defense to an indictment for attempt to commit murder
that the acts proved could not have caused the death of any person,
provided that the actor intended to cause the death of some person by
so acting, and the actor's expectations were not unreasonable in the
light of the facts known to the actor.
For purposes of determining whether the 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.
Section History: Early Form
[C51, § 2591, 2596; R60, § 4214, 4219; C73, § 3872, 3877; C97, §
4768, 4773, 4797; S13, § 4768; C24, 27, 31, 35, 39, § 12915, 12918,
12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 690.6, 690.9,
697.2; C79, 81, § 707.11; 82 Acts, ch 1239, § 2] Section History: Recent Form
2009 Acts, ch 119, §52
Referred to in § 692A.102, 692A.126, 902.12