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PAG LIN
1 1 Section 1. NEW SECTION. 714.5A VIDEO RENTAL PROPERTY.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Owner" means the person who owns the video rental
1 5 property and includes an agent of the owner.
1 6 b. "Video rental property" means any audiovisual
1 7 recording, including any video tape, video disk or other means
1 8 of preserving sounds or images, any equipment or supplies used
1 9 to view the recording, any video or computer games, and any
1 10 equipment or supplies used to view or play the games and which
1 11 is held out for rental to the public in the ordinary course of
1 12 business.
1 13 2. A person commits theft of video property if the person
1 14 does either of the following:
1 15 a. Obtains the video rental property for temporary use
1 16 with the intent to deprive the owner of the use and possession
1 17 of the video property without the consent of the owner.
1 18 b. Lawfully obtains video rental property for temporary
1 19 use and fails to return the property by the agreed time with
1 20 the intent to deprive the owner of the use and possession of
1 21 the property without the consent of the owner.
1 22 3. a. Theft of video rental property exceeding five
1 23 hundred dollars in value but not exceeding one thousand
1 24 dollars is theft in the third degree.
1 25 b. Theft of video rental property exceeding one hundred
1 26 dollars in value but not exceeding five hundred dollars is
1 27 theft in the fourth degree.
1 28 c. Theft of video rental property not exceeding one
1 29 hundred dollars in value is theft in the fifth degree.
1 30 The value of the video rental property involved shall be
1 31 the original retail value of the property, the replacement
1 32 value of the property, or the prevailing rental value for the
1 33 period that the owner was unlawfully deprived of possession,
1 34 not to exceed one hundred twenty days, whichever is greater.
1 35 4. a. In a prosecution under subsection 2, paragraph "a",
2 1 a person who obtains possession of video rental property by
2 2 means of deception, including furnishing a false name,
2 3 address, or other identification to the owner, is presumed to
2 4 have obtained possession with intent to deprive the owner of
2 5 the use and possession of the video rental property.
2 6 b. In a prosecution under subsection 2, paragraph "b", a
2 7 person who lawfully obtains possession of video rental
2 8 property and who fails to return, or make arrangements for the
2 9 return of, the video rental property within forty-eight hours
2 10 of receiving a demand from the owner to return the video
2 11 rental property, is presumed to have retained possession of
2 12 the video rental property with intent to deprive the owner of
2 13 the use and possession of the video rental property.
2 14 5. It shall be an affirmative defense to a prosecution
2 15 under subsection 2 if the defendant returns the video rental
2 16 property to the owner and pays any charges for the overdue
2 17 period and the value of any damage to the property within
2 18 forty-eight hours of the commencement of a criminal action
2 19 under chapter 804.
2 20 EXPLANATION
2 21 This bill establishes the offense of theft of video rental
2 22 property. The offense is committed when a person obtains
2 23 video tapes, disks, computer games, or other audiovisual
2 24 material with the intent to deprive the owner of the materials
2 25 or when a person lawfully obtains the materials and fails to
2 26 return them at the end of the rental period with the intent of
2 27 depriving the owner of the materials. Theft of video rental
2 28 property up to $100 in value is a simple misdemeanor. Theft
2 29 of video rental property between $100 and $500 in value is a
2 30 serious misdemeanor, and theft of video rental property
2 31 between $500 and $1000 in value is an aggravated misdemeanor.
2 32 The bill also creates presumptions that a person who
2 33 obtains or retains possession of video rental property did so
2 34 with the intent to deprive the owner of the use of the
2 35 property. These presumptions may be rebutted by the
3 1 defendant. The bill also establishes an affirmative defense
3 2 to a prosecution for theft of video property where the
3 3 defendant returns the property, pays any overdue charges, and
3 4 pays for any damage to the property within 48 hours of the
3 5 commencement of the theft prosecution.
3 6 The bill may contain a state mandate under chapter 25B. A
3 7 political subdivision need not comply with a state mandate
3 8 which may be contained in the bill unless an appropriation is
3 9 made pursuant to section 25B.2, subsection 3, fully or
3 10 proportionately funding the cost of complying with the
3 11 mandate.
3 12 LSB 2545SC 76
3 13 mk/jj/8
Text: SSB00292 Text: SSB00294 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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