Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

1. Fraudulent practice in the fifth degree is a fraudulent practice where the amount of money or value of property or services involved does not exceed three hundred dollars. 2. Fraudulent practice in the fifth degree is a simple misdemeanor. [C79, 81, §714.13 ] 92 Acts, ch 1060,…

1. The value of property or service is its highest value by any reasonable standard at the time the fraudulent practice is committed. Reasonable standard includes but is not limited to market value within the community, actual value, or replacement value. 2. If money, property, o…

1. For the purposes of this section : a. “Owner” means any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing sounds on phonograph records, discs, tapes, films, or ot…

1. Definitions: a. The term “advertisement” includes the attempt by publication, dissemination, solicitation, or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise. b. “Contaminant” means any ph…

1. a. If a person violates section 714.16 , and the violation is committed against an older individual, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for e…

1. In addition to any other remedies provided by law, a person as defined under section 714.16, subsection 1 , suffering a pecuniary loss as a result of an identity theft by another person under section 715A.8 , or a financial institution on behalf of an account holder suffering …

1. A consumer education and litigation fund is created as a separate fund in the state treasury to be administered by the attorney general. Moneys credited to the fund shall include amounts received as a result of a state or federal civil consumer fraud judgment or settlement, ci…

It shall be unlawful for any person, firm, association, or corporation maintaining, advertising, or conducting in Iowa any educational course for profit, or for tuition charge, whether by classroom instructions, by correspondence, or by other delivery method to: 1. Falsely advert…

1. Every person, firm, association, or corporation maintaining or conducting in Iowa any educational course by classroom instruction or by correspondence or by other delivery method, or soliciting in Iowa the sale of such course, shall file with the college student aid commission…

The provisions of sections 714.17 , 714.18 , 714.20 , and 714.21 shall not apply to the following: 1. A community college established under chapter 260C or an institution of higher learning under the control of the state board of regents. 2. A public college or university created…

1. The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property …

It shall be unlawful to sell more than one lifetime contract to any one person. [C66, 71, 73, 75, 77, §713A.4; C79, 81, §714.20 ] Referred to in §261G.4 , 714.19 , 714.21 , 714.21A , 714.24

Violation of any of the provisions of section 714.17 , 714.18 or 714.20 shall be a serious misdemeanor. [C66, 71, 73, 75, 77, §713A.5; C79, 81, §714.21 ] Referred to in §261G.4 , 714.19 , 714.24

A violation of chapter 261B , or section 714.17 , 714.18 , 714.20 , 714.23 , or 714.25 constitutes an unlawful practice pursuant to section 714.16 . 2009 Acts, ch 12, §16 Referred to in §714.24

1. For purposes of this section : a. “Payment period” means the same as set forth in 34 C.F.R. §668.4 . b. “Postsecondary educational program” means a series of postsecondary educational courses that lead to a recognized educational credential including but not limited to an acad…

1. A required filing of evidence of financial responsibility pursuant to section 714.18 must be completed at least once every two years. 2. An entity that claims an exemption under section 714.19 must file an exemption claim with the commission. The commission may approve or deny…

1. For purposes of this section , “proprietary school” means the same as defined in section 714.23, subsection 1 . 2. A proprietary school shall, prior to the time a student is obligated for payment of any moneys, inform the student and the college student aid commission of all o…

1. Definitions. As used in this section unless the context otherwise requires: a. “Counterfeit mark” means any unauthorized reproduction or copy of intellectual property, or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, …

1. For purposes of this section , and unless the context otherwise requires, the following definitions shall apply: a. “Scrap metal” means any metal suitable for reprocessing. “Scrap metal” does not include a motor vehicle or a catalytic converter detached from a motor vehicle. b…

1. For purposes of this section : a. “Business transaction” means an exchange of consideration for a catalytic converter between a scrap metal dealer, as defined in section 714.27 , and another scrap metal dealer, an authorized vehicle recycler licensed under chapter 321H operati…

1. As used in this section , unless the context otherwise requires: a. “Claimant” means a person who claims that the person’s property was misappropriated. b. “Conveying customer” means a person who delivers property into the custody of a pawnbroker, either by pawn, sale, consign…

1. A person shall not cause to be communicated to the filing office as defined in section 554.9102 for filing a record if all of the following are true: a. The person is not authorized to file the record under section 554.9509 . b. The record is not related to an existing or anti…

1. If a person commits theft against an individual who was an older individual at the time the theft was committed and knew or should have known the conduct was directed at an older individual, notwithstanding the penalties specified in section 714.2 , all of the following shall …

1. As used in this section , unless the context otherwise requires: a. “Pattern of retail theft” means acts committed or directed by a person on at least two separate occasions in the preceding six months that would constitute a violation of any of the following: (1) Burglary und…

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 …

1. As used in this section , unless the context otherwise requires: a. “Cardholder” means any person in possession of a physical or digital gift card issued through a purchase by the person, or received by the person from a willing party. b. “Card issuer” means any person that is…

1. The value of property is its highest value by any reasonable standard at the time that it is stolen. Reasonable standard includes but is not limited to market value within the community, actual value, or replacement value. 2. If money or property is stolen from the same person…

No person who takes, obtains, disposes of, or otherwise uses or acquires property, is guilty of theft by reason of such act if the person reasonably believes that the person has a right, privilege or license to do so, or if the person does in fact have such right, privilege or li…

1. The fact that a person has concealed library materials or equipment as defined in section 702.22 or unpurchased property of a store or other mercantile establishment, either on the premises or outside the premises, is material evidence of intent to deprive the owner, and the f…

The mere trespass on or occupation of land, contrary to the rights of the owner thereof, is not theft. [C79, 81, §714.6 ]

1. The fact that a person obtains possession of video rental property or equipment rental property by means of deception, including but not limited to furnishing a false name, address, or other identification to the owner, is evidence that possession was obtained with intent to k…

Any person who shall take possession or control of any railroad vehicle, or any self-propelled vehicle, aircraft, or motor boat, the property of another, without the consent of the owner of such, but without the intent to permanently deprive the owner thereof, shall be guilty of …

1. A person shall not intentionally manufacture or attempt to manufacture, sell or attempt to sell, possess, use, distribute or attempt to distribute, a theft detection shielding device. 2. A person shall not remove or attempt to remove a theft detection device with the intent of…

Notwithstanding section 714.2, subsection 5 , a person who commits a simple misdemeanor theft of a product containing pseudoephedrine from a retailer as defined in section 126.23A commits a serious misdemeanor. 2004 Acts, ch 1127, §3 ; 2005 Acts, ch 15, §6, 14 Referred to in §714…

Upon a second or subsequent conviction of a person under section 714.2, subsection 5 , for theft of motor fuel from a retail dealer as defined in section 214A.1 , the court may order the state department of transportation to suspend the driver’s license or nonresident operating p…

A person who does any of the following acts is guilty of a fraudulent practice: 1. Makes, tenders or keeps for sale any warehouse receipt, bill of lading, or any other instrument purporting to represent any right to goods, with knowledge that the goods represented by such instrum…

1. Fraudulent practice in the first degree is a fraudulent practice where the amount of money or value of property or services involved exceeds ten thousand dollars. 2. Fraudulent practice in the first degree is a class “C” felony. [C79, 81, §714.9 ] 92 Acts, ch 1060, §2 ; 2014 A…