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

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…

As used in this chapter : 1. “Advertisement” means advertisement as defined in section 714.16, subsection 1 , paragraph “a” . However, for purposes of this chapter , advertisement does not include a residential listing or a listing in any section of the directory in which busines…

With respect to each pay-per-call service, the call shall contain an introductory disclosure message that specifies clearly, and at the same audio volume of the ensuing program, if the charge for the call is on a flat rate basis, the total charge for the call, or if charged on a …

Advertisements for pay-per-call service shall clearly state if the charge for the service is on a flat rate basis, the total charge for the call or, if charged on a per-minute basis, the charge per minute for the call, the charge for each additional minute, and the amount of time…

1. A person shall not bill or collect for a pay-per-call service if such person has actual knowledge of the failure of the pay-per-call service to comply with the requirements of this chapter . A person shall cease billing and collecting for a pay-per-call service which fails to …

A violation of this chapter is an unfair or deceptive trade practice and is subject to the provisions of section 714.16 , except that the remedies and penalties provided pursuant to that section shall not be applied to a newspaper, magazine, publication, directory, or other print…

As used in this chapter , unless the context otherwise requires: 1. “Advertisement” means as defined in section 714.16, subsection 1 . 2. “Merchandise” means as defined in section 714.16, subsection 1 . 3. “Person” means as defined in section 714.16, subsection 1 . 4. “Prize” mea…

This chapter does not apply to the following: 1. Advertising by sponsors registered pursuant to chapter 557B , licensed pursuant to chapter 99B , or regulated pursuant to chapter 99D , 99E , 99F , or 99G . 2. Advertising in connection with the sale or purchase of books, recording…

1. a. A sponsor of a prize shall not require a person to purchase merchandise or pay or donate money as a condition of awarding a prize or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, unless the person has first received…

1. A sponsor of a prize shall not do any of the following: a. Deliver a written prize notice, or an envelope containing a written prize notice, that contains language, or is designed in a manner, that would have the tendency or capacity to mislead intended recipients as to the so…

A sponsor of a prize who represents to a person that the person has been awarded a prize shall, no later than thirty days after making the representation, provide the person with the prize; with a voucher, certificate, or other document indicating the person’s unconditional right…

A sponsor shall provide, upon the request of the attorney general made within one year after the termination date of the promotion, a record of the names and addresses of all winners of prizes of one hundred dollars or more. 94 Acts, ch 1185, §6

A person who intentionally violates this chapter is guilty of an aggravated misdemeanor. A person intentionally violates this chapter if the act or acts in violation occur or continue after the attorney general or county attorney has notified the person by certified mail that the…

A violation of this chapter constitutes a violation of section 714.16, subsection 2 , paragraph “a” . 94 Acts, ch 1185, §8

In addition to any other remedies, a person suffering pecuniary loss as a result of a violation of this chapter by another person may bring an action against such other person to recover all of the following: 1. The greater of five hundred dollars or twice the amount of the pecun…

This chapter shall not be construed to permit an activity prohibited by section 714.16 , or rules adopted pursuant to that section, or by chapter 725 , or other applicable law. 94 Acts, ch 1185, §10

1. The general assembly finds that customers of telephone services have been subjected to fraud in the sale and advertisement of telephone long distance and local service, as well as other services related to residential and business telephone service. The general assembly furthe…

As used in this chapter , unless the context otherwise requires: 1. “Advertisement” means the same as defined in section 714.16, subsection 1 . 2. “Consumer” means a person who is not a telecommunications service provider and who uses telecommunications services. 3. “Deception” m…

The act, use, or employment by a person of deception or an unfair practice in connection with the lease, sale, or advertisement of a telecommunications service or the solicitation of authority to provide or execute a change of a telecommunications service is an unlawful practice.…

The use of a sweepstakes box by a person to solicit authority to provide or execute a change of a consumer’s telecommunications service is an unlawful practice. 99 Acts, ch 16, §5

1. It is an unlawful practice for a person to use a form or document which is to be used or intended to be used by another person to enter a sweepstakes, contest, or drawing of any description as written authority to provide or execute a change of a consumer’s telecommunications …