Senate
Study
Bill
1090
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
identity
theft,
and
providing
a
penalty.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
1820XC
(2)
85
rn/nh
S.F.
_____
Section
1.
Section
715A.8,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
Notwithstanding
subsection
2,
a
3
person
of
the
applicable
age
indicated
in
this
subsection
who
4
knowingly
takes,
purchases,
manufactures,
records,
possesses,
5
uses,
or
attempts
to
take,
purchase,
manufacture,
record,
6
possess,
or
use
identification
information
of
another
person
7
or
entity
for
the
following
purposes
may
be
considered
to
have
8
violated
the
applicable
statute
or
ordinance
governing
such
9
purposes
but
shall
not
be
considered
to
have
committed
any
10
offense
of
identity
theft
under
this
section:
11
a.
Possession
or
purchase
of
alcohol
by
a
person
under
the
12
age
of
twenty-one.
13
b.
Entry
by
a
person
under
the
age
of
twenty-one
onto
the
14
premises
of
an
establishment
where
one
may
purchase
alcoholic
15
beverages
as
defined
in
section
123.3
for
consumption
on
the
16
premises
and
in
which
the
serving
of
food
is
only
incidental
to
17
the
consumption
of
those
beverages.
18
c.
Entry
by
a
person
under
the
age
of
seventeen
onto
the
19
premises
of
a
motion
picture
theater
for
the
viewing
of
a
20
motion
picture
which
is
prohibited
to
be
viewed
by
persons
21
under
the
age
of
seventeen.
22
d.
Possession
or
purchase
of
cigarettes
or
tobacco
products
23
by
a
person
under
the
age
of
eighteen.
24
e.
Entry
by
a
person
under
the
age
of
twenty-one
onto
the
25
premises
of
a
racetrack,
excursion
boat,
or
gambling
structure.
26
f.
Entry
by
a
person
under
the
age
of
eighteen
onto
27
the
premises
of
a
business
establishment
other
than
an
28
establishment
identified
in
paragraph
“b”
,
“c”
,
or
“e”
where
29
such
entry
is
prohibited
by
persons
under
the
age
of
eighteen.
30
g.
Obtaining
employment
in
violation
of
chapter
92.
31
Sec.
2.
Section
715A.8,
subsection
3,
Code
2013,
is
amended
32
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
33
following:
34
3.
A
person
who
violates
this
section
commits
a
class
“D”
35
-1-
LSB
1820XC
(2)
85
rn/nh
1/
2
S.F.
_____
felony.
1
EXPLANATION
2
This
bill
relates
to
the
offense
of
identity
theft.
3
The
bill
provides
that
persons
of
specified
ages
who
4
knowingly
take,
purchase,
manufacture,
record,
possess,
or
use
5
identification
information,
or
who
attempt
to
do
so,
for
a
6
designated
list
of
offenses
may
be
considered
to
have
violated
7
the
applicable
statute
or
ordinance
relating
to
that
offense,
8
but
shall
not
be
considered
to
have
committed
identify
theft
9
under
Code
section
715A.8.
The
offenses
in
general
relate
to
10
underage
possession
of
alcohol,
underage
entry
onto
premises
11
where
alcohol
is
served,
underage
entry
onto
the
premises
of
12
a
motion
picture,
underage
possession
or
purchase
of
tobacco,
13
underage
entry
onto
the
premises
of
a
gambling
establishment,
14
underage
entry
onto
the
premises
of
any
other
business
15
establishment
with
age
restrictions
attached,
and
obtaining
16
employment
in
violation
of
child
labor
laws
specified
in
Code
17
chapter
92.
18
The
bill
additionally
states
that
a
violation
of
the
19
identity
theft
provisions
in
Code
section
715A.8
constitutes
20
a
class
“D”
felony.
Currently,
the
Code
section
specifies
21
that
if
the
value
of
credit,
property,
or
services
for
which
22
identity
theft
was
utilized
exceeds
$1,000,
the
violation
23
constitutes
a
class
“D”
felony,
and
if
below
that
amount
the
24
violation
constitutes
an
aggravated
misdemeanor.
A
class
“D”
25
felony
is
punishable
by
confinement
for
no
more
than
five
years
26
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
27
-2-
LSB
1820XC
(2)
85
rn/nh
2/
2