Text: HF00202 Text: HF00204 Text: HF00200 - HF00299 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" 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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