Text: HSB00218 Text: HSB00220 Text: HSB00200 - HSB00299 Text: HSB 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 with the intent to defraud violates section
1 4 714.16, subsection 2, paragraph "a", and the person knew or
1 5 should have known that the person was committing the violation
1 6 against an older person as defined in section 714.16A, whether
1 7 or not the violation results in actual damage to the older
1 8 person as provided in section 714.16, subsection 2, paragraph
1 9 "a", the person commits the offense of consumer fraud against
1 10 an older person.
1 11 2. A person who commits consumer fraud against an older
1 12 person commits:
1 13 a. A class "B" felony if the violation is one in which the
1 14 amount of money or value of property or services involved
1 15 exceeds ten thousand dollars.
1 16 b. A class "C" felony if the violation is one in which the
1 17 amount of money or value of property or services involved
1 18 exceeds one thousand dollars but does not exceed ten thousand
1 19 dollars.
1 20 c. A class "D" felony if the violation is one in which the
1 21 amount of money or value of property or services involved
1 22 exceeds five hundred dollars but does not exceed one thousand
1 23 dollars.
1 24 d. An aggravated misdemeanor if the violation is one in
1 25 which the amount of money or value of property or services
1 26 involved exceeds one hundred dollars but does not exceed five
1 27 hundred dollars.
1 28 e. A serious misdemeanor if the violation is one in which
1 29 the amount of money or value of property or services involved
1 30 does not exceed one hundred dollars.
1 31 3. The value of property or services shall be determined
1 32 in the same manner as that used for a fraudulent practice
1 33 pursuant to section 714.14.
1 34 EXPLANATION
1 35 This bill establishes the crime of consumer fraud against
2 1 an older person. An older person is defined as a person who
2 2 is 65 years of age or older. "Consumer fraud" means those
2 3 activities and practices designated in Code section 714.16,
2 4 subsection 2, paragraph "a", as fraudulent or unfair, and
2 5 whether or not the activity or practice results in actual
2 6 damage to an older person.
2 7 The bill establishes graduated penalties for consumer fraud
2 8 against an older person based upon the amount of money or
2 9 value of property or services involved. The penalties reflect
2 10 those established for a fraudulent practice as increased by
2 11 one degree.
2 12 LSB 2934YC 78
2 13 pf/gg/8.1
Text: HSB00218 Text: HSB00220 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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