§ 670A.2 — Perpetrator liability

Iowa § 670A.2

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 670A: FORCIBLE FELON LIABILITY

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1. Aperpetratorassumestheriskofandisliableforanyloss,injury,ordeathwhichresults
from or arises out of the perpetrator’s course of criminal conduct. A crime victim is not liable
foranydamagescausedbyanyactsofthevictimindefendingorattemptingtodefendagainst
the crime if the victim used reasonable force when committing the acts. A perpetrator’s
assumption of risk and liability does not eliminate a victim’s duty to protect against any
conditions which the victim knows or has reason to know may create an unreasonable risk of
harm. Thissectionshallnotapplytoperpetratorswho,becauseofmentalillnessordefect,are
incapable of knowing the nature and quality of their acts or are incapable of distinguishing
between right and wrong in relation to those acts.
2. For purposes of this section, a certified copy of a guilty plea, an order entering a
judgment of guilt, a court record of conviction or adjudication, an order adjudicating a child
delinquent, or a record of an informal adjustment agreement shall be conclusive proof of a
perpetrator’s assumption of risk of and liability for any damage or harm caused to a victim.
3. In addition to any claim for damages, the court shall award a victim reasonable
expenses, includingattorney’sfeesanddisbursements, whichareincurredintheprosecution
of the damages claim.
4. Except as necessary to preserve evidence, the court shall stay any action for damages
under this section during the pendency of any criminal action which pertains to the course
of criminal conduct which forms the basis for a claim for relief under this section.