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Text: HF00202                           Text: HF00204
Text: HF00200 - HF00299                 Text: HF Index
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House File 203

Partial Bill History

Bill Text

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" means an owner of video rental property and
  1  5 includes an agent of the owner.
  1  6    2.  "Video rental property" means an audiovisual recording,
  1  7 including a videotape, videodisc, or other tangible medium of
  1  8 expression on which an audiovisual work is recorded or
  1  9 otherwise stored, or any equipment or supplies used to view
  1 10 the recording, and which is held out for rental to the public
  1 11 in the ordinary course of business.
  1 12    Sec. 2.  NEW SECTION.  714C.2  VIDEO RENTAL PROPERTY THEFT.
  1 13    A person commits theft of video rental property if such
  1 14 person knowingly does any of the following:
  1 15    1.  Obtains the temporary use of video rental property with
  1 16 the intent to deprive the owner of the use and possession of
  1 17 the video rental property without the consent of the owner.
  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 use and possession of the property without the consent of the
  1 22 owner.
  1 23    Sec. 3.  NEW SECTION.  714C.3  AGGREGATE VALUE.
  1 24    The aggregate value of the property involved shall be the
  1 25 original retail value of the property.
  1 26    Sec. 4.  NEW SECTION.  714C.4  VIDEO RENTAL PROPERTY THEFT
  1 27 – DEGREES.
  1 28    Video rental property theft shall be punishable as theft as
  1 29 provided in section 714.2 based on the aggregate value of the
  1 30 property involved.
  1 31    Sec. 5.  NEW SECTION.  714C.5  EVIDENCE OF INTENTION.
  1 32    1.  The fact that a person obtains possession of rented
  1 33 video property by means of deception, including but not
  1 34 limited to furnishing a false name, address, or other
  1 35 identification to the owner, is evidence that possession was
  2  1 obtained with intent to knowingly deprive the owner of the use
  2  2 and possession of the video rental property.
  2  3    2.  The fact that a person, having lawfully obtained
  2  4 possession of video rental property, fails to return or make
  2  5 arrangements acceptable to the owner to return the video
  2  6 rental property to the owner, within forty-eight hours after
  2  7 receipt of written notice and demand from the owner is
  2  8 evidence of an intent to knowingly deprive the owner of the
  2  9 use and possession of the video rental property.
  2 10    Sec. 6.  NEW SECTION.  714C.6  AFFIRMATIVE DEFENSE.
  2 11    It shall be an affirmative defense to a prosecution under
  2 12 section 714C.2, subsection 2, if the defendant in possession
  2 13 of video rental property returns the property to the owner
  2 14 within forty-eight hours of arrest, together with any standard
  2 15 overdue charges for the period that the owner was unlawfully
  2 16 deprived of possession, but not to exceed one hundred twenty
  2 17 days, and the value of the damage to the property, if any.
  2 18    Sec. 7.  NEW SECTION.  714C.7  CHAPTER NOT EXCLUSIVE.
  2 19    This chapter does not preclude the applicability of any
  2 20 other provision of the law of this state which is not
  2 21 inconsistent with this chapter and which applies or may apply
  2 22 to an act or transaction in violation of this chapter.  
  2 23                           EXPLANATION
  2 24    This bill provides for the crime of theft of video rental
  2 25 property.  The bill defines video rental property and defines
  2 26 theft of video rental property as either obtaining the video
  2 27 rental property with the intent to deprive the owner of the
  2 28 video rental property or failing to return the video rental
  2 29 property with the intent to deprive the owner of the video
  2 30 rental property.
  2 31    The bill provides that the value of the video rental
  2 32 property taken is the retail value of the video rental
  2 33 property.
  2 34    The bill provides that first degree theft of video rental
  2 35 property shall be punishable as theft as provided in section
  3  1 714.2, based upon the aggregate value of the property.
  3  2    The bill further provides that certain facts establish an
  3  3 intent to knowingly deprive an owner of video rental property
  3  4 and also provides an affirmative defense to theft of video
  3  5 rental property pursuant to section 714C.2, subsection 2, if
  3  6 the person returns the video rental property, along with
  3  7 certain additional charges if applicable, within 48 hours
  3  8 after the person is arrested.
  3  9    New section 714C.7 provides that the new chapter does not
  3 10 preclude the applicability of any other provision of law for
  3 11 an act otherwise covered by new chapter 714C.  
  3 12 LSB 1548HH 77
  3 13 ec/sc/14
     

Text: HF00202                           Text: HF00204
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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