Senate Study Bill 3122 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the criminal offense of identity theft, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5083SC (4) 86 jm/nh

S.F. _____ Section 1. Section 715A.8, subsection 3, Code 2016, is 1 amended to read as follows: 2 3. a. If the value of the credit, property, or services , 3 or other benefit exceeds one ten thousand dollars, the person 4 commits a class “D” “C” felony. 5 b. If the value of the credit, property, or services , or 6 other benefit exceeds one thousand dollars but does not exceed 7 ten thousand dollars, the person commits a class “D” felony. 8 c. If the value of the credit, property, services, or 9 other benefit does not exceed one thousand dollars, the person 10 commits an aggravated misdemeanor. 11 Sec. 2. Section 715A.9, Code 2016, is amended to read as 12 follows: 13 715A.9 Value for purposes of identity theft. 14 1. The value of credit, property , or services , or other 15 benefit obtained is its highest value by any reasonable 16 standard at the time the identity theft is committed. Any 17 reasonable standard includes but is not limited to market value 18 within the community, actual value, or replacement value. 19 2. If credit, property, or services are , or other benefit is 20 obtained by two or more acts from the same person or location, 21 or from different persons by two or more acts which occur in 22 approximately the same location or time period so that the 23 identity thefts are attributable to a single scheme, plan, or 24 conspiracy, the acts may be considered as a single identity 25 theft and the value may be the total value of all credit, 26 property, and services , and other benefit involved. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the criminal offense of identity theft. 31 Current law provides that a person commits identity theft 32 when a person fraudulently uses or attempts to fraudulently use 33 identification information of another person, with the intent 34 to obtain credit, property, services, or other benefit. 35 -1- LSB 5083SC (4) 86 jm/nh 1/ 2

S.F. _____ The bill adds the term “other benefit” to the penalty 1 language in Code section 715A.8(3) to align the language with 2 the elements of the crime of identity theft in Code section 3 715A.8(2). 4 The bill also aligns the language in Code section 715A.9 5 relating to the calculation of the value of the identity theft 6 with the language in Code section 715A.8. 7 The bill also enhances the penalty for identity theft if 8 the value of the credit, property, services, or other benefit 9 obtained through identity theft exceeds $10,000. Under the 10 bill, a person commits a class “C” felony if the value exceeds 11 $10,000. The bill does not change the criminal penalty for 12 identity theft where the value of the benefit obtained is 13 $10,000 or less. If the value exceeds $1,000 but does not 14 exceed $10,000, the penalty remains a class “D” felony and 15 if the value does not exceed $1,000, the penalty remains an 16 aggravated misdemeanor. 17 A class “C” felony is punishable by confinement for no more 18 than 10 years and a fine of at least $1,000 but not more than 19 $10,000. A class “D” felony is punishable by confinement for 20 no more than five years and a fine of at least $750 but not 21 more than $7,500. An aggravated misdemeanor is punishable by 22 confinement for no more than two years and a fine of at least 23 $625 but not more than $6,250. 24 -2- LSB 5083SC (4) 86 jm/nh 2/ 2