S.F. _____ Section 1. Section 714.2, Code 2014, is amended to read as 1 follows: 2 714.2 Degrees of theft. 3 1. The theft of property exceeding ten one hundred thousand 4 dollars in value, or the theft of property from the person of 5 another, or from a building which has been destroyed or left 6 unoccupied because of physical disaster, riot, bombing, or the 7 proximity of battle, or the theft of property which has been 8 removed from a building because of a physical disaster, riot, 9 bombing, or the proximity of battle, is theft in the first 10 degree. Theft in the first degree is a class “C” felony. 11 2. The theft of property exceeding one ten thousand dollars 12 but not exceeding ten one hundred thousand dollars in value 13 or theft of a motor vehicle as defined in chapter 321 not 14 exceeding ten one hundred thousand dollars in value, is theft 15 in the second degree. Theft in the second degree is a class 16 “D” felony. However, for purposes of this subsection , “motor 17 vehicle” does not include a motorized bicycle as defined in 18 section 321.1, subsection 40 , paragraph “b” . 19 3. The theft of property exceeding five hundred one thousand 20 dollars but not exceeding one thousand ten thousand dollars in 21 value, or the theft of any property not exceeding five hundred 22 one thousand dollars in value by one who has before been twice 23 convicted of theft, is theft in the third degree. Theft in the 24 third degree is an aggravated misdemeanor. 25 4. The theft of property exceeding two hundred dollars 26 in value but not exceeding five hundred one thousand dollars 27 in value is theft in the fourth degree. Theft in the fourth 28 degree is a serious misdemeanor. 29 5. The theft of property not exceeding two hundred dollars 30 in value is theft in the fifth degree. Theft in the fifth 31 degree is a simple misdemeanor. 32 Sec. 2. Section 715A.8, Code 2014, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 2A. Notwithstanding subsection 2, a 35 -1- LSB 5053XC (4) 85 jb/rj 1/ 4

S.F. _____ person of the applicable age indicated in this subsection who 1 knowingly takes, purchases, manufactures, records, possesses, 2 uses, or attempts to take, purchase, manufacture, record, 3 possess, or use identification information of another person 4 or entity for the following purposes may be considered to have 5 violated the applicable statute or ordinance governing such 6 purposes but shall not be considered to have committed any 7 offense of identity theft under this section: 8 a. Possession or purchase of alcohol by a person under the 9 age of twenty-one. 10 b. Entry by a person under the age of twenty-one onto the 11 premises of an establishment where one may purchase alcoholic 12 beverages as defined in section 123.3 for consumption on the 13 premises and in which the serving of food is only incidental to 14 the consumption of those beverages. 15 c. Entry by a person under the age of seventeen onto the 16 premises of a motion picture theater for the viewing of a 17 motion picture which is prohibited to be viewed by persons 18 under the age of seventeen. 19 d. Possession or purchase of cigarettes or tobacco products 20 by a person under the age of eighteen. 21 e. Entry by a person under the age of twenty-one onto the 22 premises of a racetrack, excursion boat, or gambling structure. 23 f. Entry by a person under the age of eighteen onto 24 the premises of a business establishment other than an 25 establishment identified in paragraph “b” , “c” , or “e” where 26 such entry is prohibited by persons under the age of eighteen. 27 g. Obtaining employment in violation of chapter 92. 28 Sec. 3. Section 715A.8, subsection 3, Code 2014, is amended 29 by striking the subsection and inserting in lieu thereof the 30 following: 31 3. A person who violates this section commits a class “D” 32 felony. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5053XC (4) 85 jb/rj 2/ 4

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to theft. 2 The bill increases the monetary thresholds based on value 3 for the first, second, third, and fourth degrees of theft. 4 The base and upper thresholds for theft in the fifth degree 5 remain unchanged at $0 to $200. 6 The base threshold for theft in the fourth degree remains 7 over $200. The upper threshold for theft in the fourth degree 8 is increased from $500 to $1,000. 9 The base threshold for theft in the third degree is increased 10 from over $500 to over $1,000. The upper threshold for theft 11 in the third degree is increased from $1,000 to $10,000. 12 The base threshold for theft in the second degree is 13 increased from over $1,000 to over $10,000. The upper 14 threshold for theft in the second degree is increased from 15 $10,000 to $100,000. 16 The base threshold for theft in the first degree is increased 17 from over $10,000 to over $100,000. Theft of property that was 18 destroyed or left unoccupied because of a physical disaster, 19 riot, bombing, or battle remains a theft in the first degree. 20 The bill also relates to the offense of identity theft by 21 providing that persons of specified ages who knowingly take, 22 purchase, manufacture, record, possess, or use identification 23 information, or who attempt to do so, for a designated list 24 of offenses may be considered to have violated the applicable 25 statute or ordinance relating to that offense, but shall not be 26 considered to have committed identify theft under Code section 27 715A.8. The offenses in general relate to underage possession 28 of alcohol, underage entry onto premises where alcohol is 29 served, underage entry onto the premises of a motion picture, 30 underage possession or purchase of tobacco, underage entry 31 onto the premises of a gambling establishment, underage entry 32 onto the premises of any other business establishment with age 33 restrictions attached, and obtaining employment in violation of 34 child labor laws specified in Code chapter 92. 35 -3- LSB 5053XC (4) 85 jb/rj 3/ 4

S.F. _____ The bill additionally states that a violation of the 1 identity theft provisions in Code section 715A.8 constitutes 2 a class “D” felony. Currently, the Code section specifies 3 that if the value of credit, property, or services for which 4 identity theft was utilized exceeds $1,000, the violation 5 constitutes a class “D” felony, and if below that amount the 6 violation constitutes an aggravated misdemeanor. A class “D” 7 felony is punishable by confinement for no more than five years 8 and a fine of at least $750 but not more than $7,500. 9 -4- LSB 5053XC (4) 85 jb/rj 4/ 4