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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