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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