Chapter 702 - Definitions

Question 1

What is a “child?”

Answer 1

A “child” is any person under the age of 14 years.

Question 2

What is a dangerous weapon?

Answer 2

702.7 - Dangerous Weapons

“Any instrument or device designed primarily for use in inflicting death upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any lawful purpose. Additionally, any instrument or device actually used in such a manner as to indicate that the defendant intends to inflict death upon a human being, is a dangerous weapon.”

Question 3

What are examples of a dangerous weapon?

Answer 3

702.7 - Dangerous Weapons

Including but not limited to:
1. Any offensive weapon
2. Pistol, revolver or other firearm
3. Dagger
4. Razor
5. Stiletto
6. Switchblade
7. Knife with a 5+ inch blade
8. Any portable device/weapon directing an electric current/impulse/wave/beam that produces high voltage to immobilize a person

Question 4

702.11 - Forcible Felony

What is a forcible felony?

Answer 4

“1. A ‘forcible felony’ is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson in the first degree, or burglary in the first degree.”

Question 5

702.11 - Forcible Felony

What is not a forcible felony?

Answer 5

“2. The following offenses are not forcible felonies:
A. Willful injury in violation of 708.4, subsection 2 (‘A class D felony, if the person causes bodily injury to another.’)

B. Sexual abuse in the third degree committed between spouses

C. Sexual abuse in violation of 709.4, subsection 1, paragraph B, sub paragraph 2, sub paragraph division D (‘the person is four or more years older than the person’)

D. Sexual exploitation by a counselor, therapist, school employee, or adult providing training or instruction in violation of 709.15 (same name)

E. Child endangerment subject to penalty under 726.6, subsection 7 (“A person who commits child endangerment resulting in bodily injury to a minor that does not result in serious injury or a person who commits child endangerment is guilty of a class D felony”)

F. Assault in violation of 708.2, subsection 4 (“A person who commits an assault without the intent to inflict serious injury but who causes serious injury is guilty of a class D felony”)

G. Domestic abuse assault in violation of 708.2A, subsection 5 (knowingly choking or obstructing nose/mouth and causing bodily injury, D felony)

H. Removal of an officer’s communication or control device in violation of 708.12, subsection 3, paragraph F (removal intentionally causes serious injury, D felony)

Question 6

702.18 - Serious Injury

What is a serious injury?

Answer 6

A. Disabling mental illness
B. Bodily injury which does any of the following:
1. Creates a substantial risk of death.
2. Causes serious permanent disfigurement.
3. Causes protracted loss or impairment of the function of any bodily member or organ.

C. Any injury to a child that requires surgical repair and necessitates the administration of general anesthesia.

2. Includes, not limited to, skull fractures, rib fractures, and metaphysical fractures of long bones on kids under 4 y/o