SSB 3122 (LSB 5083SC (4) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS)

A BILL FOR

An Act relating to the criminal offense of identity theft, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 715A.8, subsection 3, Code 2016, is amended to read as follows:
   3.  a.  If the value of the credit, property, or services, or other benefit exceeds one ten thousand dollars, the person commits a class “D” “C” felony.
   b.  If the value of the credit, property, or services, or other benefit exceeds one thousand dollars but does not exceed ten thousand dollars, the person commits a class “D” felony. 
   c.  If the value of the credit, property, services, or other benefit does not exceed one thousand dollars, the person commits an aggravated misdemeanor.
    Sec. 2.  Section 715A.9, Code 2016, is amended to read as follows:
   715A.9  Value for purposes of identity theft.
   1.  The value of credit, property, or services, or other benefit obtained is its highest value by any reasonable standard at the time the identity theft is committed. Any reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.
   2.  If credit, property, or services are, or other benefit is obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the identity thefts are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single identity theft and the value may be the total value of all credit, property, and services, and other benefit involved.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of identity theft.
   Current law provides that a person commits identity theft when a person fraudulently uses or attempts to fraudulently use identification information of another person, with the intent to obtain credit, property, services, or other benefit.
   The bill adds the term “other benefit” to the penalty language in Code section 715A.8(3) to align the language with the elements of the crime of identity theft in Code section 715A.8(2).
   The bill also aligns the language in Code section 715A.9 relating to the calculation of the value of the identity theft with the language in Code section 715A.8. 
   The bill also enhances the penalty for identity theft if the value of the credit, property, services, or other benefit obtained through identity theft exceeds $10,000. Under the bill, a person commits a class “C” felony if the value exceeds $10,000. The bill does not change the criminal penalty for identity theft where the value of the benefit obtained is $10,000 or less. If the value exceeds $1,000 but does not exceed $10,000, the penalty remains a class “D” felony and if the value does not exceed $1,000, the penalty remains an aggravated misdemeanor. 
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. 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. 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.