Text: SF02127 Text: SF02129 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 714.8, subsection 8, Code 2003, is
1 2 amended to read as follows:
1 3 8. Manufactures or possesses any false or counterfeit
1 4 label or trademark, with the intent that it be placed on
1 5 merchandise to falsely identify its origin or quality, or who
1 6 sells any such false or counterfeit label or trademark with
1 7 the representation that it may be so used.
1 8 Sec. 2. Section 714.8, Code 2003, is amended by adding the
1 9 following new subsection:
1 10 NEW SUBSECTION. 8A. Sells or possesses with the intent to
1 11 sell any merchandise with a counterfeit label or trademark
1 12 without proper authorization from the owner of the label or
1 13 trademark.
1 14 EXPLANATION
1 15 This bill relates to the definition of the criminal offense
1 16 of a fraudulent practice by using a counterfeit label or
1 17 trademark.
1 18 The bill provides that a person who sells or possesses with
1 19 the intent to sell any merchandise with a counterfeit label or
1 20 trademark without proper authorization from the owner of the
1 21 label or trademark commits a fraudulent practice. The bill
1 22 also provides that a person who manufactures or possesses any
1 23 false or counterfeit trademark, with the intent that it be
1 24 placed on merchandise to falsely identify its origin or
1 25 quality, or who sells any such false or counterfeit trademark,
1 26 commits a fraudulent practice. Current law provides that a
1 27 person who manufactures or possesses any false or counterfeit
1 28 label, or who sells any such false or counterfeit label,
1 29 commits a fraudulent practice.
1 30 A fraudulent practice is punishable by a varying degree of
1 31 penalties. The penalty varies from a class "C" felony to a
1 32 simple misdemeanor depending on the value of the money or
1 33 property involved or on the number of prior fraudulent
1 34 practice convictions of the offender.
1 35 LSB 5848XS 80
2 1 jm/gg/14
Text: SF02127 Text: SF02129 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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