Legal Question in Criminal Law in Iowa

Re: willful injury

Class C wilful injury is a forcible felony.

702.11 FORCIBLE FELONY.

1. A "forcible felony" is any felonious child endangerment,assault, murder, sexual abuse, kidnapping, robbery, arson in the

first degree, or burglary in the first degree.

2. Notwithstanding subsection 1, the following offenses are not forcible felonies:

a. Willful injury in violation of section 708.4, subsection 2.

b. Sexual abuse in the third degree committed between spouses.

c. Sexual abuse in violation of section 709.4, subsection 2,paragraph "c", subparagraph (4).

d. Sexual exploitation by a counselor, therapist, or school employee in violation of section 709.15.

e. Child endangerment subject to penalty under section 726.6, subsection 6.

The code speaks to wilful injury and says it is NOT a forcible felony if under 708.4(2). The D felony variety 'causes bodily injury'. However if "serious injury" results it is a forcible felony and serious injury is defined in 702.18 thusly.

702.18 Serious injury .

1. "Serious injury" means any of the following:

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. "Serious injury" includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.