Senate File 43

                                       SENATE FILE       
                                       BY  WARNSTADT, BOLKCOM, STEWART,
                                           CONNOLLY, DOTZLER, BEALL,
                                           COURTNEY, RAGAN, KREIMAN,
                                           HOLVECK, KIBBIE, and GRONSTAL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act making changes in the elements of the criminal offense of
  2    identity theft.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1384XS 80
  5 jm/cf/24

PAG LIN

  1  1    Section 1.  Section 715A.8, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  A person commits the offense of identity theft if the
  1  4 person with the intent to obtain a benefit fraudulently
  1  5 obtains identification information of another person and uses
  1  6 or attempts to use that identification information of another
  1  7 person to obtain credit, property, or services without the
  1  8 authorization of that other person.
  1  9                           EXPLANATION
  1 10    This bill relates to the criminal offense of identity
  1 11 theft.
  1 12    The bill changes the crime of identity theft by removing
  1 13 from the elements of the crime the "intent to obtain a benefit
  1 14 fraudulently" requirement.  Under the bill a person commits
  1 15 identity theft when the person uses or attempts to use
  1 16 identification information of another person to obtain credit,
  1 17 property, or services without authorization from that other
  1 18 person.
  1 19    Code section 715A.8(1) defines "identification information"
  1 20 to mean the name, address, date of birth, telephone number,
  1 21 driver's license number, nonoperator's identification number,
  1 22 social security number, place of employment, employee
  1 23 identification number, parent's legal surname prior to
  1 24 marriage, demand deposit account number, savings or checking
  1 25 account number, or credit card number of a person.
  1 26    Identity theft is a class "D" felony if the value of the
  1 27 credit, property, or services exceeds $1,000, and an
  1 28 aggravated misdemeanor if the value does not exceed $1,000.
  1 29 LSB 1384XS 80
  1 30 jm/cf/24
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