Text: HF00017 Text: HF00019 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 714.16B CONSUMER FRAUD AGAINST
1 2 AN OLDER PERSON.
1 3 1. If a person violates section 714.16, subsection 2,
1 4 paragraph "a", the person knew or should have known that the
1 5 person was committing the violation against an older person as
1 6 defined in section 714.16A, and the violation results in
1 7 damage to the older person, the person commits the offense of
1 8 consumer fraud against an older person.
1 9 2. A person who commits consumer fraud against an older
1 10 person commits:
1 11 a. A class "C" felony if the violation is one in which the
1 12 amount of money or value of property or services involved
1 13 exceeds ten thousand dollars and shall serve a minimum term of
1 14 confinement of three years.
1 15 b. A class "D" felony if the violation is one in which the
1 16 amount of money or value of property or services involved
1 17 exceeds one thousand dollars but does not exceed ten thousand
1 18 dollars and shall serve a minimum term of confinement of one
1 19 year in the county jail.
1 20 c. An aggravated misdemeanor if the violation is one in
1 21 which the amount of money or value of property or services
1 22 involved exceeds five hundred dollars but does not exceed one
1 23 thousand dollars and shall serve a minimum term of confinement
1 24 of thirty days in the county jail.
1 25 d. A serious misdemeanor if the violation is one in which
1 26 the amount of money or value of property or services involved
1 27 exceeds one hundred dollars but does not exceed five hundred
1 28 dollars and shall serve a minimum term of confinement of seven
1 29 days in the county jail.
1 30 e. A simple misdemeanor if the violation is one in which
1 31 the amount of money or value of property or services involved
1 32 does not exceed one hundred dollars and shall serve a minimum
1 33 term of confinement of forty-eight hours in the county jail.
1 34 3. The value of property or services shall be determined
1 35 in the same manner as that used for a fraudulent practice
2 1 pursuant to section 714.14.
2 2 4. A person convicted of a violation under this section
2 3 shall serve the minimum term specified in subsection 2, and
2 4 shall not be eligible for suspension of the minimum term. The
2 5 court shall not impose a fine in lieu of the minimum term,
2 6 although a fine may be imposed in addition to the minimum
2 7 term. This subsection does not prohibit the court from
2 8 sentencing the defendant to the maximum term of confinement or
2 9 to pay the maximum fine permitted.
2 10 EXPLANATION
2 11 This bill establishes the crime of consumer fraud against
2 12 an older person. An older person is defined as a person who
2 13 is 65 years of age or older. "Consumer fraud" means those
2 14 activities and practices designated in Code section 714.16,
2 15 subsection 2, paragraph "a", as fraudulent or unfair, and
2 16 which result in damage to an older person.
2 17 The bill establishes graduated penalties for consumer fraud
2 18 against an older person based upon the amount of money or
2 19 value of property or services involved. The penalties reflect
2 20 those established for a fraudulent practice. The bill
2 21 requires that a person who is convicted of consumer fraud
2 22 against an older person serve a minimum term of confinement.
2 23 However, the bill does not preclude the court from imposing a
2 24 fine in addition to the term of confinement or from requiring
2 25 confinement for a longer period of time.
2 26 LSB 1353YH 78
2 27 pf/gg/8
Text: HF00017 Text: HF00019 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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