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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