House File 2429 - Reprinted HOUSE FILE 2429 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 638) (As Amended and Passed by the House March 13, 2012 ) A BILL FOR An Act relating to identity theft, providing penalties, and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2429 (3) 84 rn/rj

H.F. 2429 Section 1. Section 715A.8, Code 2011, is amended to read as 1 follows: 2 715A.8 Identity theft —— offenses —— penalties . 3 1. a. For purposes of this section , “identification 4 information” includes, but is not limited to, the name, 5 address, date of birth, telephone number, driver’s license 6 number, nonoperator’s identification card number, social 7 security number, student identification number, military 8 identification number, alien identification or citizenship 9 status number, employer identification number, signature, 10 electronic mail signature, electronic identifier or screen 11 name, biometric identifier, genetic identification information, 12 access device, logo, symbol, trademark, place of employment, 13 employee identification number, parent’s legal surname prior to 14 marriage, demand deposit account number, savings or checking 15 account number, or credit card number of a person. 16 b. For purposes of this section , “financial institution” 17 means the same as defined in section 527.2 , and includes an 18 insurer organized under Title XIII, subtitle 1 , of this Code, 19 or under the laws of any other state or the United States. 20 2. a. A person commits the offense of identity theft 21 if the person fraudulently uses or attempts to fraudulently 22 use identification information of another person, with the 23 intent to obtain credit, property, services, or other benefit 24 knowingly takes, purchases, manufactures, records, possesses, 25 uses, or attempts to take, purchase, manufacture, record, 26 possess, or use identification information of another person 27 or entity without the consent of the other person or entity 28 with the intent to obtain or use the identification information 29 for any unlawful purpose, to cause loss to the other person 30 or entity, to obtain or continue employment, or to obtain any 31 pecuniary benefit to which the person would not otherwise be 32 entitled. An offense is committed regardless of whether the 33 other person or entity actually suffers any economic loss as a 34 result of the offense or whether the person actually obtains 35 -1- HF 2429 (3) 84 rn/rj 1/ 5

H.F. 2429 any pecuniary benefit . 1 b. A person commits the offense of knowingly accepting 2 the identity of another person if the person, in hiring an 3 employee, knowingly does both of the following: 4 (1) Accepts any identification information of another 5 person with knowledge that the other person presenting the 6 identification information is not the actual person identified 7 by that identification information. 8 (2) Uses the identification information for the purpose of 9 determining whether the person who presented the identification 10 information has the legal right or authorization under federal 11 law to work in the United States as described and determined 12 pursuant to the processes and procedures under 8 U.S.C. § 13 1324a. 14 c. (1) A person commits the offense of aggravated identity 15 theft if the person does either of the following: 16 (a) Knowingly takes, purchases, manufactures, records, 17 possesses, uses, or attempts to take, purchase, manufacture, 18 record, possess, or use identification information of five 19 or more other persons or entities without the consent of the 20 other persons or entities with the intent to obtain or use the 21 identification information for any unlawful purpose, to cause 22 loss to the persons or entities, or to obtain any pecuniary 23 benefit to which the person would not otherwise be entitled. 24 An offense is committed regardless of whether the persons or 25 entities actually suffer any economic loss as a result of the 26 offense or whether the person actually obtains any pecuniary 27 benefit. 28 (b) Commits the offense of identity theft under paragraph 29 “a” and causes another person or entity to suffer an economic 30 loss of three thousand dollars or more. 31 (2) In an action for aggravated identity theft pursuant to 32 this paragraph “c” , proof of possession outside the regular 33 course of business of identification information of five or 34 more persons or entities may give rise to an inference that 35 -2- HF 2429 (3) 84 rn/rj 2/ 5

H.F. 2429 the identification information was possessed for an unlawful 1 purpose. 2 d. A person commits the offense of trafficking identity 3 theft if the person knowingly sells, transfers, or transmits 4 any identification information of another person or entity 5 without the consent of the other person or entity for any 6 unlawful purpose, to cause loss to the person or entity, or 7 to obtain any pecuniary benefit to which the person would not 8 otherwise be entitled. An offense is committed regardless 9 of whether the other person or entity actually suffers any 10 economic loss as a result of the offense or whether the person 11 actually obtains any pecuniary benefit. 12 3. If the value of the credit, property, or services 13 exceeds one thousand dollars, the person commits a class “D” 14 felony. If the value of the credit, property, or services 15 does not exceed one thousand dollars, the person commits an 16 aggravated misdemeanor. A violation of this subsection shall 17 be punishable as follows: 18 a. A person who violates subsection 2, paragraph “a” , 19 commits a class “D” felony. 20 b. A person who violates subsection 2, paragraph “b” , 21 commits a class “D” felony, and notwithstanding section 902.9, 22 subsection 5, shall be punished by confinement for no more than 23 seven years and a fine of at least eight hundred fifty dollars 24 but not more than eight thousand five hundred dollars. 25 c. A person who violates subsection 2, paragraph “c” , 26 commits a class “C” felony. 27 d. A person who violates subsection 2, paragraph “d” , 28 commits a class “C” felony, and notwithstanding section 902.9, 29 subsection 4, shall be punished by confinement for no more than 30 twelve years and a fine of at least one thousand two hundred 31 fifty dollars but not more than ten thousand two hundred fifty 32 dollars. 33 4. A person of the applicable age indicated in this 34 section who knowingly takes, purchases, manufactures, records, 35 -3- HF 2429 (3) 84 rn/rj 3/ 5

H.F. 2429 possesses, uses, or attempts to take, purchase, manufacture, 1 record, possess, or use identification information of another 2 person or entity for the following purposes may be considered 3 to have violated the applicable statute or ordinance governing 4 such purposes but shall not be considered to have committed any 5 offense of identity theft under this section: 6 a. Possession or purchase of alcohol by a person under the 7 age of twenty-one. 8 b. Entry by a person under the age of twenty-one onto the 9 premises of an establishment where one may purchase alcoholic 10 beverages as defined in section 123.3 for consumption on the 11 premises and in which the serving of food is only incidental to 12 the consumption of those beverages. 13 c. Entry by a person under the age of seventeen onto the 14 premises of a motion picture theater for the viewing of a 15 motion picture which is prohibited to be viewed by persons 16 under the age of seventeen. 17 d. Possession or purchase of cigarettes or tobacco products 18 by a person under the age of eighteen. 19 e. Entry by a person under the age of twenty-one onto the 20 premises of a racetrack, excursion boat, or gambling structure. 21 f. Entry by a person under the age of eighteen onto 22 the premises of a business establishment other than an 23 establishment identified in paragraph “b” , “c” , or “e” of this 24 section where such entry is prohibited by persons under the age 25 of eighteen. 26 g. Obtaining employment in violation of chapter 92. 27 4. 5. A violation of this section is an unlawful practice 28 under section 714.16 . 29 5. 6. Violations of this section shall be prosecuted in any 30 of the following venues: 31 a. In the county in which the violation occurred. 32 b. If the violation was committed in more than one county, 33 or if the elements of the offense were committed in more than 34 one county, then in any county where any violation occurred or 35 -4- HF 2429 (3) 84 rn/rj 4/ 5

H.F. 2429 where an element of the offense occurred. 1 c. In the county where the victim resides. 2 d. In the county where the property that was fraudulently 3 used or attempted to be used subject to the violation was 4 located at the time of the violation. 5 6. 7. Any real or personal property obtained by a person 6 as a result of a violation of this section , including but not 7 limited to any money, interest, security, claim, contractual 8 right, or financial instrument that is in the possession of the 9 person, shall be subject to seizure and forfeiture pursuant to 10 chapter 809A . A victim injured by a violation of this section , 11 or a financial institution that has indemnified a victim 12 injured by a violation of this section , may file a claim as 13 an interest holder pursuant to section 809A.11 for payment of 14 damages suffered by the victim including costs of recovery and 15 reasonable attorney fees. 16 7. 8. A financial institution may file a complaint 17 regarding a violation of this section on behalf of a victim 18 and shall have the same rights and privileges as the victim if 19 the financial institution has indemnified the victim for such 20 violations. 21 8. 9. Upon the request of a victim, a peace officer in 22 any jurisdiction described in subsection 5 6 shall take a 23 report regarding an alleged violation of this section and shall 24 provide a copy of the report to the victim. The report may also 25 be provided to any other law enforcement agency in any of the 26 jurisdictions described in subsection 5 6 . 27 -5- HF 2429 (3) 84 rn/rj 5/ 5