House Journal: Page 1809: Tuesday, April 25, 2000
28 read as follows:
29 713.6A BURGLARY IN THE THIRD DEGREE.
30 1. All burglary which is not burglary in the first
31 degree or burglary in the second degree is burglary in
32 the third degree. Burglary in the third degree is a
33 class "D" felony.
34 2. Notwithstanding any other provision of the Code
35 to the contrary, a person who violates this section
36 may be sentenced to a combination of any intermediate
37 criminal sanction level or sublevel under section
38 901B.1, subsection 1. If a person is sentenced to
39 prison, the court, at its discretion, may sentence a
40 person to a maximum indeterminate term which is less
41 than the maximum term provided for class "D" felonies
42 under section 902.9, if mitigating circumstances
43 warrant a reduction in the maximum term and those
44 circumstances are stated specifically on the record.
45 The state may appeal the discretionary decision on the
46 grounds that the stated mitigating circumstances do
47 not warrant a reduction of the sentence.
48 Sec. . Section 714.1, Code 1999, is amended by
49 adding the following new subsections:
50 NEW SUBSECTION. 7A. Knowingly and without
Page 9
1 authorization accesses or causes to be accessed a
2 computer, computer system, or computer network, or any
3 part thereof, for the purpose of obtaining computer
4 services, information, or property or knowingly and
5 without authorization and with the intent to
6 permanently deprive the owner of possession, takes,
7 transfers, conceals, or retains possession of a
8 computer, computer system, or computer network or any
9 computer software or computer program, or computer
10 data contained in a computer, computer system, or
11 computer network.
12 NEW SUBSECTION. 7B. a. Obtains the temporary use
13 of video rental property with the intent to deprive
14 the owner of the use and possession of the video
15 rental property without the consent of the owner.
16 b. Lawfully obtains the temporary use of video
17 rental property and fails to return the video rental
18 property by the agreed time with the intent to deprive
19 the owner of the use and possession of the video
20 rental property without the consent of the owner. The
21 aggregate value of the video rental property involved
22 shall be the original retail value of the video rental
23 property.
24 Sec. . NEW SECTION. 714.6A VIDEO RENTAL
25 PROPERTY THEFT - EVIDENCE OF INTENTION - AFFIRMATIVE
26 DEFENSE.
© 2000 Cornell College and
League of Women Voters of Iowa
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