HSB 176 (LSB 1820YC (1) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to identity theft, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 715A.8, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Notwithstanding subsection 2, a person of the applicable age indicated in this subsection who knowingly takes, purchases, manufactures, records, possesses, uses, or attempts to take, purchase, manufacture, record, possess, or use identification information of another person or entity for the following purposes may be considered to have violated the applicable statute or ordinance governing such purposes but shall not be considered to have committed any offense of identity theft under this section:
   a.  Possession or purchase of alcohol by a person under the age of twenty-one.
   b.  Entry by a person under the age of twenty-one onto the premises of an establishment where one may purchase alcoholic beverages as defined in section 123.3 for consumption on the premises and in which the serving of food is only incidental to the consumption of those beverages.
   c.  Entry by a person under the age of seventeen onto the premises of a motion picture theater for the viewing of a motion picture which is prohibited to be viewed by persons under the age of seventeen.
   d.  Possession or purchase of cigarettes or tobacco products by a person under the age of eighteen.
   e.  Entry by a person under the age of twenty-one onto the premises of a racetrack, excursion boat, or gambling structure.
   f.  Entry by a person under the age of eighteen onto the premises of a business establishment other than an establishment identified in paragraph “b”, “c”, or “e” where such entry is prohibited by persons under the age of eighteen.
   g.  Obtaining employment in violation of chapter 92.
    Sec. 2.  Section 715A.8, subsection 3, Code 2013, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  A person who violates this section commits a class “D” felony.
EXPLANATION
   This bill relates to the offense of identity theft. 
   The bill provides that persons of specified ages who knowingly take, purchase, manufacture, record, possess, or use identification information, or who attempt to do so, for a designated list of offenses may be considered to have violated the applicable statute or ordinance relating to that offense, but shall not be considered to have committed identify theft under Code section 715A.8. The offenses in general relate to underage possession of alcohol, underage entry onto premises where alcohol is served, underage entry onto the premises of a motion picture, underage possession or purchase of tobacco, underage entry onto the premises of a gambling establishment, underage entry onto the premises of any other business establishment with age restrictions attached, and obtaining employment in violation of child labor laws specified in Code chapter 92.
   The bill additionally states that a violation of the identity theft provisions in Code section 715A.8 constitutes a class “D” felony. Currently, the Code section specifies that if the value of credit, property, or services for which identity theft was utilized exceeds $1,000, the violation constitutes a class “D” felony, and if below that amount the violation constitutes an aggravated misdemeanor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.