House File 2045 - Introduced HOUSE FILE 2045 BY WOLFE A BILL FOR An Act modifying the threshold damage dollar amounts which 1 constitute the crimes of criminal mischief in the second, 2 third, and fourth degrees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5554HH (2) 86 jm/nh

H.F. 2045 Section 1. Section 716.4, subsection 1, Code 2016, is 1 amended to read as follows: 2 1. Criminal mischief is criminal mischief in the second 3 degree if the cost of replacing, repairing, or restoring the 4 property that is damaged, defaced, altered, or destroyed 5 exceeds one two thousand five hundred dollars but does not 6 exceed ten thousand dollars. 7 Sec. 2. Section 716.5, subsection 1, paragraph a, Code 2016, 8 is amended to read as follows: 9 a. The cost of replacing, repairing, or restoring the 10 property that is damaged, defaced, altered, or destroyed 11 exceeds five hundred one thousand dollars, but does not exceed 12 one two thousand five hundred dollars. 13 Sec. 3. Section 716.6, subsection 1, paragraph a, 14 subparagraph (1), Code 2016, is amended to read as follows: 15 (1) The cost of replacing, repairing, or restoring the 16 property that is damaged, defaced, altered, or destroyed 17 exceeds two hundred dollars, but does not exceed five hundred 18 one thousand dollars. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill modifies the threshold damage dollar amounts which 23 constitute the crimes of criminal mischief in the second, 24 third, and fourth degrees. “Criminal mischief” means any 25 damage, defacing, alteration, or destruction of property when 26 done intentionally by one who has no right to so act. 27 The bill changes the threshold dollar amounts to qualify for 28 prosecution for criminal mischief in the second degree from 29 damage exceeding $1,000 but not exceeding $10,000 to damage 30 exceeding $2,500 but not exceeding $10,000. Criminal mischief 31 in the second degree remains a class “D” felony. A class “D” 32 felony is punishable by confinement for no more than five years 33 and a fine of at least $750 but not more than $7,500. 34 The bill changes the threshold dollar amounts to qualify 35 -1- LSB 5554HH (2) 86 jm/nh 1/ 2

H.F. 2045 for prosecution for criminal mischief in the third degree 1 from damage exceeding $500 but not exceeding $1,000 to damage 2 exceeding $1,000 but not exceeding $2,500. Criminal mischief 3 in the third degree remains an aggravated misdemeanor. An 4 aggravated misdemeanor is punishable by confinement for no more 5 than two years and a fine of at least $625 but not more than 6 $6,250. 7 The bill changes the threshold dollar amounts to qualify 8 for prosecution for criminal mischief in the fourth degree 9 from damage exceeding $200 but not exceeding $500 to damage 10 exceeding $200 but not exceeding $1,000. Criminal mischief in 11 the fourth degree remains a serious misdemeanor. A serious 12 misdemeanor is punishable by confinement for no more than one 13 year and a fine of at least $315 but not more than $1,875. 14 The bill does not modify the crimes of criminal mischief in 15 the first or fifth degree. 16 By changing the threshold dollar amounts to qualify for 17 prosecution for criminal mischief in the second, third, or 18 fourth degree, the bill also changes the criminal offenses 19 related to crops or crop operation property damage under Code 20 section 717A.3. 21 -2- LSB 5554HH (2) 86 jm/nh 2/ 2