(1125) Aggravated theft (SF2250) Draft creating the criminal offense of aggravated theft, and providing a penalty.Be It Enacted by the General Assembly of the State of Iowa: (1)NEW SECTION711.5Robbery application.This chapter does not apply if section 714.3A applies. (2)NEW SECTION714.3AAggravated theft.1.A person commits aggravated theft when the person commits an assault as defined in section 708.1, subsection 1, that is punishable as a simple misdemeanor under section 708.2, subsection 6, after the person has removed or attempted to remove property not exceeding two hundred dollars in value which has not been purchased from a store or mercantile establishment, or has concealed such property of the store or mercantile establishment, either on the premises or outside the premises of the store or mercantile establishment.2.a.A person who commits aggravated theft is guilty of an aggravated misdemeanor.b.A person who commits aggravated theft, and who has previously been convicted of an aggravated theft, robbery in the first degree in violation of section 711.2, robbery in the second degree in violation of section 711.3, or extortion in violation of section 711.4, is guilty of a class “D” felony.3.In determining if a violation is a class “D” felony offense the following shall apply:a.A deferred judgment entered pursuant to section 907.3 for a violation of any offense specified in subsection 2 shall be counted as a previous offense.b.A conviction or the equivalent of a deferred judgment for a violation in any other states under statutes substantially corresponding to an offense specified in subsection 2 shall be counted as a previous offense. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses specified in this section and can therefore be considered corresponding statutes.4.Aggravated theft is not an included offense of robbery in the first or second degree. (3)Section 808.12, subsections 1 and 3, Code 2009, are amended to read as follows:1.Persons concealing property as set forth in section714.3A or 714.5, may be detained and searched by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee, provided that the detention is for a reasonable length of time and that the search is conducted in a reasonable manner by a person of the same sex and according to subsection 2 of this section.3.The detention or search under this section by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee does not render the person liable, in a criminal or civil action, for false arrest or false imprisonment provided the person conducting the search or detention had reasonable grounds to believe the person detained or searched had concealed or was attempting to conceal property as set forth in section714.3A or 714.5.Approved April 12, 2010
The Iowa Legislature > Publications > Search Legislative Documents > Search Result 
Print
Print