HF 2045 (LSB 5554HH (2) 86)

HOUSE FILE 2045

BY  WOLFE

A BILL FOR

An Act modifying the threshold damage dollar amounts which constitute the crimes of criminal mischief in the second, third, and fourth degrees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 716.4, subsection 1, Code 2016, is amended to read as follows:
   1.  Criminal mischief is criminal mischief in the second degree if the cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds one two thousand five hundred dollars but does not exceed ten thousand dollars.
    Sec. 2.  Section 716.5, subsection 1, paragraph a, Code 2016, is amended to read as follows:
   a.  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds five hundred one thousand dollars, but does not exceed one two thousand five hundred dollars.
    Sec. 3.  Section 716.6, subsection 1, paragraph a, subparagraph (1), Code 2016, is amended to read as follows:
   (1)  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds two hundred dollars, but does not exceed five hundred one thousand dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the threshold damage dollar amounts which constitute the crimes of criminal mischief in the second, third, and fourth degrees. “Criminal mischief” means any damage, defacing, alteration, or destruction of property when done intentionally by one who has no right to so act.
   The bill changes the threshold dollar amounts to qualify for prosecution for criminal mischief in the second degree from damage exceeding $1,000 but not exceeding $10,000 to damage exceeding $2,500 but not exceeding $10,000. Criminal mischief in the second degree remains a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill changes the threshold dollar amounts to qualify for prosecution for criminal mischief in the third degree from damage exceeding $500 but not exceeding $1,000 to damage exceeding $1,000 but not exceeding $2,500. Criminal mischief in the third degree remains an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   The bill changes the threshold dollar amounts to qualify for prosecution for criminal mischief in the fourth degree from damage exceeding $200 but not exceeding $500 to damage exceeding $200 but not exceeding $1,000. Criminal mischief in the fourth degree remains a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   The bill does not modify the crimes of criminal mischief in the first or fifth degree.
   By changing the threshold dollar amounts to qualify for prosecution for criminal mischief in the second, third, or fourth degree, the bill also changes the criminal offenses related to crops or crop operation property damage under Code section 717A.3.