HF 2259 (LSB 5303HT (8) 90)

HOUSE FILE 2259

BY  HOLT, GERHOLD, WHEELER, GUSTAFSON, YOUNG, SIEGRIST, CARLSON, STOLTENBERG, BODEN, GOLDING, GRASSLEY, KNIFF MCCULLA, NORDMAN, COLLINS, DIEKEN, MEGGERS, JOHNSON, P. THOMPSON, GUSTOFF, BLOOMINGDALE, STONE, JENEARY, WILLS, MOHR, MOMMSEN, M. THOMPSON, WULF, GEHLBACH, BRADLEY, MOORE, BEST, VONDRAN, FISHER, and DUNWELL

A BILL FOR

An Act establishing the criminal offense of looting, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  714.2B  Looting.
   1.  For purposes of this section, “looting” means the intentional entry without authorization of any dwelling, place of business, vehicle, watercraft, building, plant, or other structure, moveable or immovable, by a person, acting in joint criminal conduct, as defined in section 703.2, with another person or any group of persons and the person obtains, exerts control over, damages, or removes the property of another without authorization.
   2.  The looting of property exceeding ten thousand dollars in value, by any one person or all persons engaged in the looting of the property, or the looting of any property not exceeding ten thousand dollars in value by one person who has once before been convicted of looting in the first or second degree, or any looting that involves a dangerous weapon, is looting in the first degree. Looting in the first degree is a class “C” felony punishable by all of the following:
   a.  Commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed ten years, with a mandatory minimum term of five years.
   b.  Assessment of a minimum fine of one thousand dollars and a maximum fine of ten thousand dollars.
   3.  The looting of property exceeding one thousand dollars in value but not exceeding ten thousand dollars in value, by any one person or all persons engaged in the looting of the property, or the looting of any property not exceeding one thousand dollars in value by one person who has once before been convicted of looting in the third degree, is looting in the second degree. Looting in the second degree is a class “D” felony punishable by all of the following:
   a.  Commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed five years, with a mandatory minimum term of one and one-half years.
   b.  Assessment of a minimum fine of six hundred fifty dollars and a maximum fine of seven thousand five hundred dollars.
   4.  The looting of property not exceeding one thousand dollars in value, by any one person or all persons engaged in the looting of the property, is looting in the third degree. Looting in the third degree is an aggravated misdemeanor punishable by all of the following:
   a.  Commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed two years, with a mandatory minimum term of six months.
   b.  Assessment of a minimum fine of five hundred seventy dollars and a maximum fine of six thousand two hundred fifty dollars.
   5.  A person whose business or property is directly or indirectly injured by conduct constituting a violation of this section may bring a civil action against any person involved in the violation, and may recover up to threefold the actual damages sustained and costs and expenses including reasonable attorney fees. Each person exerting control over, damaging, or removing the property of another shall be jointly and severally liable for any such injury.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offense of looting.
   The bill defines “looting” as the intentional entry without authorization of any dwelling, place of business, vehicle, watercraft, building, plant, or other structure, moveable or immovable, by a person, acting in joint criminal conduct, as defined in Code section 703.2, with another person or any group of persons and the person obtains, exerts control over, damages, or removes the property of another without authorization. Joint criminal conduct occurs when two or more persons act in concert and knowingly participate in a public offense, and for which each is responsible for the acts of the other done in furtherance of the commission of the offense or escape therefrom, and each person’s guilt will be the same as that of the person so acting.
   The bill provides that the looting of property exceeding $10,000 in value, by any one person or all persons engaged in the looting of the property, or the looting of any property not exceeding $10,000 in value by one person who has once before been convicted of looting in the first or second degree, or any looting that involves a dangerous weapon, is looting in the first degree. Looting in the first degree is a class “C” felony punishable by an indeterminate term of confinement not to exceed 10 years, with a mandatory minimum term of five years, and the assessment of a minimum fine of $1,000 and a maximum fine of $10,000.
   The bill provides that the looting of property exceeding $1,000 in value but not exceeding $10,000 in value, by any one person or all persons engaged in the looting of the property, or the looting of any property not exceeding $1,000 in value by one person who has once before been convicted of looting in the third degree, is looting in the second degree. Looting in the second degree is a class “D” felony punishable by an indeterminate term of confinement not to exceed five years, with a mandatory minimum term of one and one-half years, and the assessment of a minimum fine of $650 and a maximum fine of $7,500.
   The bill provides that the looting of property not exceeding $1,000 in value, by any one person or all persons engaged in the looting of the property, is looting in the third degree. Looting in the third degree is an aggravated misdemeanor punishable by an indeterminate term of confinement not to exceed two years, with a mandatory minimum term of six months, and the assessment of a minimum fine of $570 and a maximum fine of $6,250.
   The bill provides that a person whose business or property is directly or indirectly injured by looting may bring a civil action against any person involved in the violation, and may recover up to threefold the actual damages sustained and costs and expenses including reasonable attorney fees. Each person exerting control over, damaging, or removing the property of another shall be jointly and severally liable for any such injury.