House File 2598 - Introduced HOUSE FILE 2598 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2259) A BILL FOR An Act establishing the criminal offense of looting, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5303HV (2) 90 as/js

H.F. 2598 Section 1. NEW SECTION . 714.2B Looting. 1 1. For purposes of this section, “looting” means the 2 intentional entry without authorization of any dwelling, place 3 of business, vehicle, watercraft, building, plant, or other 4 structure, moveable or immovable, by a person, acting in joint 5 criminal conduct, as defined in section 703.2, with another 6 person or any group of persons and the person obtains, exerts 7 control over, damages, or removes the property of another 8 without authorization. 9 2. The looting of property exceeding ten thousand dollars in 10 value, by any one person or all persons engaged in the looting 11 of the property, or the looting of any property not exceeding 12 ten thousand dollars in value by one person who has once before 13 been convicted of looting in the first or second degree, or 14 any looting that involves a dangerous weapon, is looting in 15 the first degree. Looting in the first degree is a class “C” 16 felony punishable by all of the following: 17 a. Commitment to the custody of the director of the 18 department of corrections for an indeterminate term not to 19 exceed ten years, with a mandatory minimum term of five years. 20 b. Assessment of a minimum fine of one thousand dollars and 21 a maximum fine of ten thousand dollars. 22 3. The looting of property exceeding one thousand dollars 23 in value but not exceeding ten thousand dollars in value, by 24 any one person or all persons engaged in the looting of the 25 property, or the looting of any property not exceeding one 26 thousand dollars in value by one person who has once before 27 been convicted of looting in the third degree, is looting in 28 the second degree. Looting in the second degree is a class “D” 29 felony punishable by all of the following: 30 a. Commitment to the custody of the director of the 31 department of corrections for an indeterminate term not to 32 exceed five years, with a mandatory minimum term of one and 33 one-half years. 34 b. Assessment of a minimum fine of six hundred fifty dollars 35 -1- LSB 5303HV (2) 90 as/js 1/ 4

H.F. 2598 and a maximum fine of seven thousand five hundred dollars. 1 4. The looting of property exceeding three hundred dollars 2 in value but not exceeding one thousand dollars in value, by 3 any one person or all persons engaged in the looting of the 4 property, is looting in the third degree. Looting in the third 5 degree is an aggravated misdemeanor punishable by all of the 6 following: 7 a. Commitment to the custody of the director of the 8 department of corrections for an indeterminate term not to 9 exceed two years. 10 b. Assessment of a minimum fine of five hundred seventy 11 dollars and a maximum fine of six thousand two hundred fifty 12 dollars. 13 5. A person whose business or property is directly or 14 indirectly injured by conduct constituting a violation of this 15 section may bring a civil action against any person involved 16 in the violation, and may recover up to threefold the actual 17 damages sustained and costs and expenses including reasonable 18 attorney fees. Each person exerting control over, damaging, or 19 removing the property of another shall be jointly and severally 20 liable for any such injury. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill establishes the criminal offense of looting. 25 The bill defines “looting” as the intentional entry without 26 authorization of any dwelling, place of business, vehicle, 27 watercraft, building, plant, or other structure, moveable or 28 immovable, by a person, acting in joint criminal conduct, 29 as defined in Code section 703.2, with another person or 30 any group of persons and the person obtains, exerts control 31 over, damages, or removes the property of another without 32 authorization. Joint criminal conduct occurs when two or more 33 persons act in concert and knowingly participate in a public 34 offense, and for which each is responsible for the acts of the 35 -2- LSB 5303HV (2) 90 as/js 2/ 4

H.F. 2598 other done in furtherance of the commission of the offense or 1 escape therefrom, and each person’s guilt will be the same as 2 that of the person so acting. 3 The bill provides that the looting of property exceeding 4 $10,000 in value, by any one person or all persons engaged in 5 the looting of the property, or the looting of any property not 6 exceeding $10,000 in value by one person who has once before 7 been convicted of looting in the first or second degree, or 8 any looting that involves a dangerous weapon, is looting in 9 the first degree. Looting in the first degree is a class “C” 10 felony punishable by an indeterminate term of confinement not 11 to exceed 10 years, with a mandatory minimum term of five 12 years, and the assessment of a minimum fine of $1,000 and a 13 maximum fine of $10,000. 14 The bill provides that the looting of property exceeding 15 $1,000 in value but not exceeding $10,000 in value, by any one 16 person or all persons engaged in the looting of the property, 17 or the looting of any property not exceeding $1,000 in value 18 by one person who has once before been convicted of looting in 19 the third degree, is looting in the second degree. Looting 20 in the second degree is a class “D” felony punishable by an 21 indeterminate term of confinement not to exceed five years, 22 with a mandatory minimum term of one and one-half years, and 23 the assessment of a minimum fine of $650 and a maximum fine of 24 $7,500. 25 The bill provides that the looting of property exceeding 26 $300 but not exceeding $1,000 in value, by any one person 27 or all persons engaged in the looting of the property, is 28 looting in the third degree. Looting in the third degree is an 29 aggravated misdemeanor punishable by an indeterminate term of 30 confinement not to exceed two years. 31 The bill provides that a person whose business or property 32 is directly or indirectly injured by looting may bring a civil 33 action against any person involved in the violation, and may 34 recover up to threefold the actual damages sustained and costs 35 -3- LSB 5303HV (2) 90 as/js 3/ 4

H.F. 2598 and expenses including reasonable attorney fees. Each person 1 exerting control over, damaging, or removing the property of 2 another shall be jointly and severally liable for any such 3 injury. 4 -4- LSB 5303HV (2) 90 as/js 4/ 4