House Amendment 1212


PAG LIN




     1  1    Amend House File 614 as follows:
     1  2 #1.  Page 6, by striking lines 3 through 18 and
     1  3 inserting the following:
     1  4    <Sec.    .  NEW SECTION.  714F.7  CRIMINAL
     1  5 PENALTIES.
     1  6    1.  A person who commits an unlawful act under this
     1  7 chapter is guilty of an aggravated misdemeanor.
     1  8    2.  A person who commits an unlawful act under this
     1  9 chapter and who causes pecuniary losses exceeding one
     1 10 thousand dollars to a victim of the unlawful act is
     1 11 guilty of a class "D" felony.
     1 12    Sec.    .  NEW SECTION.  714F.8  VENUE FOR CRIMINAL
     1 13 VIOLATIONS.
     1 14    For the purpose of determining proper venue, a
     1 15 violation of this chapter shall be considered to have
     1 16 been committed in any county in which any of the
     1 17 following apply:
     1 18    1.  An act was performed in furtherance of the
     1 19 violation.
     1 20    2.  The owner or operator who is the victim of the
     1 21 violation has a place of business in this state.
     1 22    3.  The defendant has control or possession of any
     1 23 proceeds of the violation, or of any books, records,
     1 24 documents, property, financial instrument, computer
     1 25 software, computer program, computer data, or other
     1 26 material or objects used in furtherance of the
     1 27 violation.
     1 28    4.  The defendant unlawfully accessed a computer or
     1 29 computer network by wires, electromagnetic waves,
     1 30 microwaves, or any other means of communication.
     1 31    5.  The defendant resides.
     1 32    6.  A computer used as an object or an instrument
     1 33 in the commission of the violation was located at the
     1 34 time of the violation.>
     1 35 #2.  Title page, line 2, by inserting after the
     1 36 word <means> the following:  <and providing for
     1 37 penalties>.
     1 38 #3.  By renumbering as necessary.
     1 39
     1 40
     1 41                               
     1 42 DIX of Butler
     1 43
     1 44
     1 45                               
     1 46 QUIRK of Chickasaw
     1 47
     1 48
     1 49                               
     1 50 PETERSEN of Polk
     2  1
     2  2
     2  3                               
     2  4 WISE of Lee
     2  5
     2  6
     2  7                               
     2  8 JENKINS of Black Hawk
     2  9
     2 10
     2 11                               
     2 12 JACOBS of Polk
     2 13 HF 614.701 81
     2 14 kk/gg/2249

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