§ 670a-2

670A.2 Perpetrator liability. 1. A perpetrator assumes the risk of and is liable for any loss, injury, or death which results from or arises out of the perpetrator’s course of criminal conduct. A crime victim is not liablefor any damages caused by any acts of the victim in defending or attempting to defend againstthe crime if the victim used reasonable force when committing the acts. A perpetrator’sassumption of risk and liability does not eliminate a victim’s duty to protect against anyconditions which the victim knows or has reason to know may create an unreasonable risk ofharm. This section shall not apply to perpetrators who, because of mental illness or defect, areincapable of knowing the nature and quality of their acts or are incapable of distinguishingbetween 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 childdelinquent, or a record of an informal adjustment agreement shall be conclusive proof of aperpetrator’s assumption of risk of and liability for any damage or harm caused to a victim. 3.

cating a childdelinquent, or a record of an informal adjustment agreement shall be conclusive proof of aperpetrator’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, including attorney’s fees and disbursements, which are incurred in the prosecutionof 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 courseof criminal conduct which forms the basis for a claim for relief under this section. 98 Acts, ch 1111, §2 Sat Dec 23 12:24:32 2023 Iowa Code 2024, Section 670A.2 (15, 0)