Iowa (2012)


IA. CODE § 708.2A. DOMESTIC ABUSE ASSAULT; MANDATORY MINIMUMS, PENALTIES ENHANCED

(1)  For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in Section 1, which is domestic abuse as defined in Section 236.2, subsection 2, paragraph “a,” “b,” “c,” or “d.”

(2) On a first offense of domestic abuse assault, the person commits:

(d) An aggravated misdemeanor, if the domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.

(3) Except as otherwise provided in subsection 2, on a second domestic abuse assault, a person commits:

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

(b) An aggravated misdemeanor, if the first offense was classified as a simple or aggravated misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was classified as a serious or aggravated misdemeanor, and the second offense would otherwise be classified as a simple or serious misdemeanor

(4) On a third or subsequent offense of domestic abuse assault, a person commits a Class D felony.

(5) For a domestic abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury, the person commits a Class D felony.

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