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Iowa Criminal Code > Chapter 708 - Assault > Flashcards

Chapter 708 - Assault Flashcards

1
Q

708.1 - Assault

A person commits an assault when, without justification, the person does any of the following:

A

A. Any act intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

B. Any act intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, offensive, coupled with the apparent ability to execute the act.

C. Intentionally points a firearm toward another, or displays a dangerous weapon in a threatening manner toward another.

D. Intentionally points a laser beam at another person with the intent to cause pain or injury. Doesn’t include LE or healthcare workers in their duties or laser tag/paintball/etc.

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2
Q

708.1, subsection 3

An act shall not be an assault under what circumstances?

A

A. If the person doing the acts is a voluntary participant in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such activity and doesn’t create unreasonable risk of serious injury or breach of the peace.

B. If the person doing any of the acts is a school district or accredited non public school, or an education agency staff who provides services to a school and intervenes in a fight or other disruptive situation on school grounds if the degree and force of intervention is reasonably necessary to restore order and protect safety.

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3
Q

A person who commits assault with the intent to inflict a serious injury upon another is guilty of what level of offense?

A

708.2 - Penalties for Assault

Aggravated Misdemeanor

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4
Q

A person who commits an assault and who causes bodily injury or mental illness is guilty of what level of offense?

A

708.2 - Penalties for Assault

Serious Misdemeanor

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5
Q

A person who commits an assault and uses/displays a dangerous weapon in connection with the assault is guilty of what level of offense?

A

708.2 Penalties for Assault

Aggravated Misdemeanor

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6
Q

A person who commits an assault without the intent to inflict serious injury but who causes serious injury is guilty of what level of offense?

A

708.2 Penalties for Assault

Class D Felony

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7
Q

A person who commits an assault and who uses an object to penetrate genitalia/anus of another person is guilty of what level of offense?

A

708.2 - Penalties for Assault

Class C Felony

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8
Q

On a first offense of domestic abuse assault the person commits:

A

708.2A - Domestic Abuse Assault - Mandatory Minimums, Penalties Enhanced - Extension of No Contact Order

A. A simple misdemeanor for a domestic abuse assault, except as otherwise provided.

B. A serious misdemeanor, if the assault causes bodily injury or mental illness.

C. Aggravated misdemeanor, if the domestic abuse assault is committed with the intent to inflict a serious injury on another, or if the person uses/displays a dangerous weapon in connection with the assault.

D. Aggravated misdemeanor, if the domestic abuse assault is committed by knowingly impeding the normal breathing or blood circulation of another by applying pressure to the throat/neck or by obstructing the nose/mouth

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9
Q

On a second domestic abuse assault, a person commits:

A

708.2A - Domestic Abuse Assault

A. Serious misdemeanor, if the first offense was a simple misdemeanor, and the second offense would be otherwise be classified as a simple misdemeanor.

B. Aggravated misdemeanor, if the first offense was a simple or aggravated misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was a serious or aggravated misdemeanor, and the second offense would otherwise be a simple or serious misdemeanor.

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10
Q

On a third or subsequent offense of domestic abuse assault, a person commits what level of offense?

A

708.2A - Domestic Abuse Assault

Class D Felony

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11
Q

For a domestic abuse assault committed by knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat/neck or obstructing the nose/mouth, and causing bodily injury commits what level of offense?

A

708.2A

Class D Felony

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12
Q

A person who commits an assault and causes bodily injury or mental illness commits what level of offense?

A

708.2, subsection 2

Serious Misdemeanor

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13
Q

A person who uses or displays a dangerous weapon in connection with an assault commits what level of offense?

A

708.2, subsection 3

Aggravated misdemeanor

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14
Q

A person who commits an assault without the intent to inflict serious injury, but who causes serious injury, commits what level of offense?

A

708.2, subsection 4

Class D Felony

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15
Q

A person who uses any object to penetrate the genitalia or anus of another person commits what level of offense?

A

708.2, subsection 5

Class C Felony

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16
Q

708.2A - Domestic Abuse Assaults

  1. On a first offense of domestic abuse assault, the person commits:
A

A. Simple misdemeanor for a domestic abuse assault, except as otherwise provided.

B. Serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness.

C. Aggravated misdemeanor if the domestic abuse assault is committed with intent to inflict a serious injury or if the person uses/displays a dangerous weapon.

D. Aggravated misdemeanor if the domestic abuse assault is committed by knowingly impeding normal breathing/circulation by applying pressure to throat/neck or obstructing mouth/nose.

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17
Q

708.2A - Domestic Abuse Assaults

  1. On a second domestic abuse assault, a person commits:
A

A. Serious misdemeanor if the first offense was a simple misdemeanor and the second offense wouldn’t otherwise be a simple misdemeanor.

B. Aggravated misdemeanor if the first offense was a simple or aggravated misdemeanor and the second offense would otherwise be a serious misdemeanor, or the first offense was a serious or aggravated misdemeanor.

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18
Q

On the third or more domestic abuse assault offense, a person commits what?

A

708.2A, subsection 4

Class D Felony

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19
Q

708.2A - Domestic Abuse Assault

  1. For a domestic abuse assault committed by knowingly impeding normal breathing/blood circulation by applying pressure to throat/neck or obstructing mouth/nose and causing bodily injury the person commits what level of offense?
A

Class D Felony

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20
Q

708.2A - Domestic Abuse Assault

6a. A conviction/deferred judgment/guilty plea to a domestic abuse assault shall not be considered in determining that the violation was a second or subsequent offense if it has been how long since the last domestic abuse assault?

A

12+ years

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21
Q

True or false, a domestic abuse assault shall be considered a prior offense regardless of whether it was committed upon the same victim?

A

True.

708.2A, subsection 6c

“An offense shall he considered a prior offense regardless of whether it was committed upon the same victim.”

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22
Q

708.2C - Assault in Violation of Individual Rights (Hate Crime)

Someone who commits an assault in violation of individual rights, with intent to inflict serious injury is guilt of what level of offense?

A

Class D Felony

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23
Q

708.2C

  1. A person who commits an assault in violation of individual rights, and causes bodily injury or mental illness is guilty of what level of offense?
A

Aggravated Misdemeanor

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24
Q

708.2C

  1. A person who commits an assault in violation of individual rights and uses/displays a dangerous weapon in connection with its the assault, is guilty of what level of offense?
A

Class D Felony

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25
Q

708.2C

  1. Any other assault of individual rights is what level of offense?
A

Serious Misdemeanor

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26
Q

708.2D - Older Individual Assault

An “older individual” is how old related to this section of the code?

A

An individual who is 60+ years old

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27
Q

On a first offense of older individual assault the person commits what level of offense?

A

708.2D, subsection a,

Simple Misdemeanor

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28
Q

On a first offense of older individual assault where the person causes bodily injury or mental illness the person commits what level of offense?

A

708.2D, subsection b,

Serious Misdemeanor

29
Q

On a first offense of older individual assault where the assault is committed with the use/display of a dangerous weapon, the person commits what level of offense?

A

Aggravated Misdemeanor, not applicable if 708.6 (intimidation with a dangerous weapon) or 708.8 (going armed with intent) applies.

30
Q

On a first offense of older individual assault the person commits what level of offense if the assault is done by knowingly impeding normal breathing/circulation by applying pressure to the throat/neck or by obstructing the nose/mouth?

A

Aggravated Misdemeanor

31
Q

708.2D, subsection 3

On a second older individual assault, a person commits:

A

A. A serious misdemeanor if the first offense was a simple misdemeanor and the second would otherwise be a simple misdemeanor.

B. Aggravated misdemeanor if the first was a simple/aggravated misdemeanor and the second would otherwise be a serious misdemeanor, or the first offense was a serious/aggravated misdemeanor, and the second would otherwise be a simple/serious misdemeanor.

32
Q

708.2D, subsection 4

On a third/subsequent offense of older individual assault, a person commits what level of offense?

A

Class D Felony

33
Q

708.2D, subsection 5

For an older individual assault committed by knowingly impeding the breathing/circulation by applying pressure to the throat/neck or by obstructing nose/mouth and causing bodily injury, the person commits what level of offense?

A

Class D Felony

34
Q

708.2D, subsection 6a,

6a. A conviction/deferred judgment/guilty plea to an older individual assault shall not be considered in determining that the violation was a second or subsequent offense if it has been how long since the last older individual assault?

A

12 years

35
Q

708.2D, subsection 6c,

True or false, an offense shall be considered a prior offense regardless of whether it was committed upon the same victim.

A

True

36
Q

708.3 Assault while participating in a felony.

Any person who commits an assault while participating in a felony other than sexual abuse is guilty of…

A
  1. Class C Felony if the person causes serious injury.
  2. Class D if no serious injury results.
37
Q

708.3A - Assaults on persons engaged in certain occupations

  1. Person who assaults a peace officer/jailer/corrections employee/parole board employee/healthcare/human services/dept. of revenue/national guard in national guard or state duty/civilian employee of LE or fire dept./fire fighter with the knowledge that the victim is one of the above professions and with the intent to inflict serious injury is guilty of what level of offense?
A

Class D Felony

38
Q

708.3A - Assaults on persons engaged in certain occupations

  1. Person who assaults a peace officer/jailer/corrections employee/parole board employee/healthcare/human services/dept. of revenue/national guard in national guard or state duty/civilian employee of LE or fire dept./fire fighter who uses/displays a dangerous weapon in the assault is guilty of what level of offense?
A

Class D Felony

39
Q

708.3A - Assaults on persons engaged in certain occupations

  1. Person who assaults a peace officer/jailer/corrections employee/parole board employee/healthcare/human services/dept. of revenue/national guard in national guard or state duty/civilian employee of LE or fire dept./fire fighter and causes bodily injury/mental illness is guilty of what level of offense?
A

Aggravated Misdemeanor

40
Q

708.3A - Assaults on persons engaged in certain occupations

  1. Any other assault against a peace officer/jailer/corrections employee/parole board employee/healthcare/human services/dept. of revenue/national guard in national guard or state duty/civilian employee of LE or fire dept./fire fighter who uses/displays a dangerous weapon in the assault is guilty of what level of offense?
A

Serious misdemeanor

41
Q

708.3B - Inmate Assaults - Bodily Fluids or Secretions

A person confined in a jail/institution/facility under the control of the dept. of corrections who commits any of the following is guilty of a class D felony.

A
  1. An assault upon an employee of the jail/institution/facility under DOC which results in the employee’s contact with blood, semen, urine, or feces.
  2. An act which is intended to cause pain or be insulting/offensive and results in blood, semen, urine, or feces be expelled upon an employee of the jail/institution/facility.
42
Q

708.4 - Willful Injury

A person who does an act which is not justified and intended to cause serious injury to another commits willful injury, punishable as what level of offense?

A
  1. Class C Felony if the person causes serious injury.
  2. Class D Felony if the person causes bodily injury.
43
Q

708.5 - Administering Harmful Substances

Anyone who administers/causes another to take without the other person’s consent or by threat/deception and for other than medicinal purposes any poisonous/stupefying/stimulating/depressing/tranquilizing/narcotic/hypnotic/hallucinating/anesthetic substance in sufficient quantity to have such effect commits what level of offense?

A

Class D Felony

44
Q

708.6 - Intimidation with a dangerous weapon

A person commits what level of offense when with the intent to injury/provoke fear/anger another shoots/throws/launches/discharges a dangerous weapon into a vehicle/building/assembly of people and places the occupants in reasonable apprehension of serious injury or threatens to commit such an act.

A

Class C Felony

45
Q

708.6 - Intimidation with a dangerous weapon

A person commits what level of offense when they shoot/throw/launch/discharges a dangerous weapon at/into a vehicle/building/assembly of people and places the occupants in reasonable apprehension of serious injury or threatens to commit such an act.

A

Class D Felony

46
Q

708.7 - Harassment

  1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, they do any of the following:
A
  1. Communicates with another by phone, telegraph, writing, or via electronic communication w/o legitimate purpose and in a manner likely to cause annoyance/harm.
  2. Places a simulated explosive/incendiary device in or near a building/vehicle/plane/railroad engine/rail car/boat occupied by another person.
  3. Orders merchandise in for he name of another, or to be delivered to another, without the person’s knowledge/consent.
  4. Reports/causes false info to a LE authority implicating another in criminal activity or reporting an alleged criminal act, knowing the info is false.
  5. Disseminates/publishes/distributes/posts or causes to be disseminated/published/distributed/posted a photo/film showing another person fully/partially nude or performing a sex act, knowing the other person hasn’t consented to it being shared.

b. A person commits harassment when the person purposefully and w/o legitimate purpose, has contact with another with the intent to threaten/intimidate/alarm.

47
Q

708.7 - Harassment

  1. a. A person commits harassment in the first degree when the person commits harassment involving any of the following:
A

(1) A threat to commit a forcible felony
(2) Disseminates/publishes/distributes/posts/causes or causes to be a photo/film showing someone full or partially nude or engaged in a sex act without the other’s consent
(3) Commits harassment and has previously been convicted of harassment 3+ times during the preceding ten years.
(4) Harassment that occurs against another person who is lawfully in a place of public accommodation

48
Q

708.7 - Harassment

Harassment in the first degree is what level of offense?

A

708.7 - Harassment

  1. b. Aggravated misdemeanor
49
Q

708.7 - Harassment

What level of harassment is it when the harassment involves a threat to commit bodily injury, or has been convicted of harassment 2 times under this section or similar statute in the preceding 10 years?

A

Harassment in the second degree

50
Q

Harassment in the second degree is what level of offense?

A

708.7, 3. b.

Serious misdemeanor

51
Q

Harassment in the third degree is what level of offense?

A

708.7, 4. b.

Simple misdemeanor

52
Q

708.8 - Going Armed With Intent

A person who goes armed with any dangerous weapon with the intent to use w/o justification against another person commits what level of offense?

A

Class D Felony

53
Q

708.9 - Spring Guns and Traps

Any person who sets a spring gun or trap intended to be sprung by a person and which can cause serious injury commits what level of offense?

A

Aggravated Misdemeanor

54
Q

708.10 Hazing

A person commits an act of hazing when…

A

When the person intentionally/recklessly engaged in any act(s) involving forced activity which endanger the physical health or safety of a student for purpose of initiation/admission into/affiliation with any org connected to a school/college/university.

Prohibited acts included, not limited to, any brutality such as whipping, forced confinement, or any other forced activity which endangers health/safety.

55
Q

A person who commits hazing is guilty of what level of offense?

A

708.10, subsection 2

Simple Misdemeanor

56
Q

A person who commits an act of hazing that causes serious bodily injury is guilty of what level of offense?

A

708.10, subsection 3

Serious Misdemeanor

57
Q

A person commits stalking when all of the following occur:

A

707.11 - Stalking, subsection 2

a. The person purposefully engaged in conduct directed at a specific person that would cause a reasonable person to feel terrorized/frightened/intimidated/threatened/fear that the person intends to cause injury/death of that person or their immediate family.

b. The person has/should have knowledge that a reasonable person would feel terrorized/frightened/intimidated/fear that the person intends to cause injury/death of that person or their family.

58
Q

707.11 - Stalking

A person who commits stalking commits what level of offense for their third or subsequent offenses?

A
  1. a. Class C Felony
59
Q

708.11 - Stalking

  1. b. A person who commits stalking commits a Class D Felony if any of the following apply:
A
  1. The person commits stalking while subject to restrictions from a criminal/civil protective order/injunction, or any other court order prohibiting contact between the person and victim, or while subject to restrictions contained in a criminal/civil protective order/injunction or other court order prohibiting contact between the person and another person against who the person committed a public offense.
  2. The person commits stalking while in possession of a dangerous weapon.
  3. The stalking is directed at someone under 18 y/o.
  4. The offense is a second offense.
60
Q

A person who commits unauthorized placement of a GPS device without consent commits what level of offense?

A

708.11A Unauthorized Placement of Global Positioning Device

Serious Misdemeanor

61
Q

A person who removes or attempts to remove an officer’s communication or control device is guilty of what level of offense?

A

708.12 - Removal of an officer’s communication or control device

  1. a. Simple Misdemeanor
62
Q

A person who knowingly/intentionally attempts to/removes an officer’s communication/control device with intent to interfere with the officer’s communication is guilty of what level of offense?

A

708.12, subsection 3. b.

Serious Misdemeanor

63
Q

If when removing an officer’s communication/control device the offender causes bodily injury, what level of offense are they guilty of?

A

708.12

  1. c. Serious Misdemeanor
64
Q

If when removing an officer’s communication/control device the offender causes serious injury, what level of offense are they guilty of?

A

708.12

  1. d. Aggravated Misdemeanor
65
Q

If when removing an officer’s communication/control device the offender knowingly/intentionally causes bodily injury, what level of offense are they guilty of?

A

708.12

  1. e. Aggravated Misdemeanor
66
Q

If when removing an officer’s communication/control device the offender knowingly/intentionally causes serious injury, what level of offense are they guilty of?

A

708.12

  1. f. Class D Felony
67
Q

A person who disarms/attempts to disarm a peace officer is guilty of what level of offense?

A

708.13 - Disarming a peace officer of a dangerous weapon

Class D Felony

68
Q

A person who discharges the dangerous weapon while disarming/attempting to disarm the peace officer commits what level of offense?

A

708.13, subsection 3

Class C Felony

69
Q

A person who abuses a corpse commits what level of offense?

A

708.14 - Abuse of a corpse

Class C Felony

Iowa Criminal Code (14 decks)

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