House Journal: Page 1810: Tuesday, April 25, 2000
27 1. The fact that a person obtains possession of
28 video rental property by means of deception, including
29 but not limited to furnishing a false name, address,
30 or other identification to the owner, is evidence that
31 possession was obtained with intent to knowingly
32 deprive the owner of the use and possession of the
33 video rental property.
34 2. The fact that a person, having lawfully
35 obtained possession of video rental property, fails to
36 pay the owner the fair market value of the video
37 rental property or to return or make arrangements
38 acceptable to the owner to return the video rental
39 property to the owner, within forty-eight hours after
40 receipt of written notice and demand from the owner is
41 evidence of an intent to knowingly deprive the owner
42 of the use and possession of the video rental
43 property.
44 3. It shall be an affirmative defense to a
45 prosecution under section 714.1, subsection 7B,
46 paragraph "a", if the defendant in possession of video
47 rental property pays the owner the fair market value
48 of the video rental property or returns the property
49 to the owner within forty-eight hours of arrest,
50 together with any standard overdue charges for the
Page 10
1 period that the owner was unlawfully deprived of
2 possession, but not to exceed one hundred twenty days,
3 and the value of the damage to the property, if any.
4 Sec. . Section 715A.2, Code 1999, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 3. Notwithstanding any other
7 provision of the Code to the contrary a person who
8 violates this section may be sentenced to a
9 combination of any intermediate criminal sanction
10 level or sublevel under section 901B.1, subsection 1.
11 If a person is sentenced to prison, the court, at its
12 discretion may sentence a person to a maximum
13 indeterminate term which is less than the maximum term
14 provided for class "D" felonies under section 902.9 or
15 aggravated misdemeanors under section 903.1, if
16 mitigating circumstances warrant a reduction in the
17 maximum term and those circumstances are stated
18 specifically in the record. The state may appeal the
19 discretionary decision on the grounds that the stated
20 mitigating circumstances do not warrant a reduction of
21 the sentence.
22 Sec. . NEW SECTION. 716.6B UNAUTHORIZED
23 COMPUTER ACCESS.
24 A person who knowingly and without authorization
25 accesses a computer, computer system, or computer
© 2000 Cornell College and
League of Women Voters of Iowa
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