Text: SF00465 Text: SF00467 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1
1 2 SENATE FILE 466
1 3
1 4 AN ACT
1 5 RELATING TO THE THEFT OF VIDEO RENTAL PROPERTY AND MAKING
1 6 PENALTIES APPLICABLE.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. NEW SECTION. 714C.1 DEFINITIONS.
1 11 As used in this chapter, unless the context otherwise
1 12 requires:
1 13 1. "Owner" means an owner of video rental property and
1 14 includes an agent of the owner.
1 15 2. "Video rental property" means an audiovisual recording,
1 16 including a videotape, videodisc, or other tangible medium of
1 17 expression on which an audiovisual work is recorded or
1 18 otherwise stored, or any equipment or supplies used to view
1 19 the recording, and which is held out for rental to the public
1 20 in the ordinary course of business.
1 21 Sec. 2. NEW SECTION. 714C.2 VIDEO RENTAL PROPERTY THEFT.
1 22 A person commits theft of video rental property if such
1 23 person knowingly does any of the following:
1 24 1. Obtains the temporary use of video rental property with
1 25 the intent to deprive the owner of the use and possession of
1 26 the video rental property without the consent of the owner.
1 27 2. Having lawfully obtained possession for temporary use
1 28 of the video rental property, fails to return the property by
1 29 the agreed time with the intent to deprive the owner of the
1 30 use and possession of the property without the consent of the
1 31 owner.
1 32 Sec. 3. NEW SECTION. 714C.3 AGGREGATE VALUE.
1 33 The aggregate value of the property involved shall be the
1 34 original retail value of the property.
1 35 Sec. 4. NEW SECTION. 714C.4 VIDEO RENTAL PROPERTY THEFT
2 1 – DEGREES.
2 2 Video rental property theft shall be punishable as theft as
2 3 provided in section 714.2 based on the aggregate value of the
2 4 property involved.
2 5 Sec. 5. NEW SECTION. 714C.5 EVIDENCE OF INTENTION.
2 6 1. The fact that a person obtains possession of rented
2 7 video property by means of deception, including but not
2 8 limited to furnishing a false name, address, or other
2 9 identification to the owner, is evidence that possession was
2 10 obtained with intent to knowingly deprive the owner of the use
2 11 and possession of the video rental property.
2 12 2. The fact that a person, having lawfully obtained
2 13 possession of video rental property, fails to pay the owner
2 14 the fair market value of the video rental property or to
2 15 return or make arrangements acceptable to the owner to return
2 16 the video rental property to the owner, within forty-eight
2 17 hours after receipt of written notice and demand from the
2 18 owner is evidence of an intent to knowingly deprive the owner
2 19 of the use and possession of the video rental property.
2 20 Sec. 6. NEW SECTION. 714C.6 AFFIRMATIVE DEFENSE.
2 21 It shall be an affirmative defense to a prosecution under
2 22 section 714C.2, subsection 2, if the defendant in possession
2 23 of video rental property pays the owner the fair market value
2 24 of the video rental property or returns the property to the
2 25 owner within forty-eight hours of arrest, together with any
2 26 standard overdue charges for the period that the owner was
2 27 unlawfully deprived of possession, but not to exceed one
2 28 hundred twenty days, and the value of the damage to the
2 29 property, if any.
2 30 Sec. 7. NEW SECTION. 714C.7 CHAPTER NOT EXCLUSIVE.
2 31 This chapter does not preclude the applicability of any
2 32 other provision of the law of this state which is not
2 33 inconsistent with this chapter and which applies or may apply
2 34 to an act or transaction in violation of this chapter.
2 35
3 1
3 2
3 3 MARY E. KRAMER
3 4 President of the Senate
3 5
3 6
3 7
3 8 RON J. CORBETT
3 9 Speaker of the House
3 10
3 11 I hereby certify that this bill originated in the Senate and
3 12 is known as Senate File 466, Seventy-seventh General Assembly.
3 13
3 14
3 15
3 16 MARY PAT GUNDERSON
3 17 Secretary of the Senate
3 18 Approved , 1998
3 19
3 20
3 21
3 22 TERRY E. BRANSTAD
3 23 Governor
Text: SF00465 Text: SF00467 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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