Text: HF02131 Text: HF02133 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 714C.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Owner" includes an agent of the owner.
1 5 2. "Video rental property" means an audiovisual recording,
1 6 including a videotape, videodisc, or other tangible medium of
1 7 expression on which an audiovisual work is recorded or
1 8 otherwise stored, or any equipment or supplies used to view
1 9 the recording, and which is held out for rental to the public
1 10 in the ordinary course of business.
1 11 Sec. 2. NEW SECTION. 714C.2 VIDEO RENTAL PROPERTY THEFT.
1 12 A person commits theft of video rental property if such
1 13 person knowingly does any of the following:
1 14 1. Obtains the temporary use of video rental property with
1 15 the intent to deprive the owner of the video rental property,
1 16 without the consent of the owner, of the use and possession of
1 17 the video rental property.
1 18 2. Having lawfully obtained possession for temporary use
1 19 of the video rental property fails to return the property by
1 20 the agreed time with the intent to deprive the owner of the
1 21 video rental property, without the consent of the owner, of
1 22 the use and possession of the property.
1 23 Sec. 3. NEW SECTION. 714C.3 AGGREGATE VALUE.
1 24 The aggregate value of the property involved shall be the
1 25 greater of the original retail value of the property, the
1 26 replacement value of the property, or the prevailing rental
1 27 value for the period that the owner was unlawfully deprived of
1 28 possession but not to exceed one hundred twenty days.
1 29 Sec. 4. NEW SECTION. 714C.4 VIDEO RENTAL PROPERTY THEFT
1 30 &endash; DEGREES.
1 31 Video rental property theft shall be punishable as theft as
1 32 provided in section 714.2 based on the aggregate value of the
1 33 property involved.
1 34 Sec. 5. NEW SECTION. 714C.5 EVIDENCE OF INTENTION.
1 35 1. The fact that a person obtains possession of rented
2 1 video property by means of deception, including, but not
2 2 limited to, furnishing a false name, address, or other
2 3 identification to the owner, is evidence that possession was
2 4 obtained with intent to knowingly deprive the owner of the use
2 5 and possession of the video rental property.
2 6 2. The fact that a person, having lawfully obtained
2 7 possession of video rental property, fails to return, or make
2 8 arrangements acceptable to the owner to return, the video
2 9 rental property to the owner, within forty-eight hours after
2 10 receipt of notice and demand from the owner of the video
2 11 rental property is evidence of an intent to knowingly deprive
2 12 the owner of the use and possession of the video rental
2 13 property.
2 14 Sec. 6. NEW SECTION. 714C.6 AFFIRMATIVE DEFENSE.
2 15 It shall be an affirmative defense to a prosecution under
2 16 section 714C.2, subsection 2, if the defendant in possession
2 17 of video rental property returns the property to the owner
2 18 within forty-eight hours of arrest, together with any charges
2 19 for the overdue period and the value of the damage to the
2 20 property, if any.
2 21 Sec. 7. NEW SECTION. 714C.7 CHAPTER NOT EXCLUSIVE.
2 22 This chapter does not preclude the applicability of any
2 23 other provision of the law of this state which is not
2 24 inconsistent with this chapter and which applies or may apply
2 25 to an act or transaction in violation of this chapter.
2 26 EXPLANATION
2 27 This bill provides for the crime of theft of video rental
2 28 property. The bill defines video rental property and defines
2 29 theft of video rental property as either obtaining the video
2 30 rental property with the intent to deprive the owner of the
2 31 video rental property or failing to return the video rental
2 32 property with the intent to deprive the owner of the video
2 33 rental property.
2 34 The bill provides that the value of the video rental
2 35 property taken is the greater of the retail value of the video
3 1 rental property, the replacement value of the video rental
3 2 property, or the rental value of the video rental property for
3 3 the period of time the property was taken but not to exceed
3 4 120 days.
3 5 The bill provides that first degree theft of video rental
3 6 property shall be punishable as theft as provided in section
3 7 714.2, based upon the aggregate value of the property.
3 8 The bill further provides that certain facts establish an
3 9 intent to knowingly deprive an owner of video rental property
3 10 and also provides an affirmative defense to theft of video
3 11 rental property pursuant to section 714C.2, subsection 2, if
3 12 the person returns the video rental property, along with
3 13 certain additional charges if applicable, within 48 hours
3 14 after the person is arrested.
3 15 The bill provides that this chapter is not the exclusive
3 16 means of prosecuting a person subject to the provisions of
3 17 this bill.
3 18 LSB 3874HH 76
3 19 ec/sc/14
Text: HF02131 Text: HF02133 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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