Bill Text: IA HF2259 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act establishing the criminal offense of looting, and providing penalties.(See HF 2598.)
Spectrum: Partisan Bill (Republican 34-0)
Status: (Introduced) 2024-03-06 - Withdrawn. H.J. 535. [HF2259 Detail]
Download: Iowa-2023-HF2259-Introduced.html
House
File
2259
-
Introduced
HOUSE
FILE
2259
BY
HOLT
,
GERHOLD
,
WHEELER
,
GUSTAFSON
,
YOUNG
,
SIEGRIST
,
CARLSON
,
STOLTENBERG
,
BODEN
,
GOLDING
,
GRASSLEY
,
KNIFF
MCCULLA
,
NORDMAN
,
COLLINS
,
DIEKEN
,
MEGGERS
,
JOHNSON
,
P.
THOMPSON
,
GUSTOFF
,
BLOOMINGDALE
,
STONE
,
JENEARY
,
WILLS
,
MOHR
,
MOMMSEN
,
M.
THOMPSON
,
WULF
,
GEHLBACH
,
BRADLEY
,
MOORE
,
BEST
,
VONDRAN
,
FISHER
,
and
DUNWELL
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:
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2259
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
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and
a
maximum
fine
of
seven
thousand
five
hundred
dollars.
1
4.
The
looting
of
property
not
exceeding
one
thousand
2
dollars
in
value,
by
any
one
person
or
all
persons
engaged
in
3
the
looting
of
the
property,
is
looting
in
the
third
degree.
4
Looting
in
the
third
degree
is
an
aggravated
misdemeanor
5
punishable
by
all
of
the
following:
6
a.
Commitment
to
the
custody
of
the
director
of
the
7
department
of
corrections
for
an
indeterminate
term
not
to
8
exceed
two
years,
with
a
mandatory
minimum
term
of
six
months.
9
b.
Assessment
of
a
minimum
fine
of
five
hundred
seventy
10
dollars
and
a
maximum
fine
of
six
thousand
two
hundred
fifty
11
dollars.
12
5.
A
person
whose
business
or
property
is
directly
or
13
indirectly
injured
by
conduct
constituting
a
violation
of
this
14
section
may
bring
a
civil
action
against
any
person
involved
15
in
the
violation,
and
may
recover
up
to
threefold
the
actual
16
damages
sustained
and
costs
and
expenses
including
reasonable
17
attorney
fees.
Each
person
exerting
control
over,
damaging,
or
18
removing
the
property
of
another
shall
be
jointly
and
severally
19
liable
for
any
such
injury.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
establishes
the
criminal
offense
of
looting.
24
The
bill
defines
“looting”
as
the
intentional
entry
without
25
authorization
of
any
dwelling,
place
of
business,
vehicle,
26
watercraft,
building,
plant,
or
other
structure,
moveable
or
27
immovable,
by
a
person,
acting
in
joint
criminal
conduct,
28
as
defined
in
Code
section
703.2,
with
another
person
or
29
any
group
of
persons
and
the
person
obtains,
exerts
control
30
over,
damages,
or
removes
the
property
of
another
without
31
authorization.
Joint
criminal
conduct
occurs
when
two
or
more
32
persons
act
in
concert
and
knowingly
participate
in
a
public
33
offense,
and
for
which
each
is
responsible
for
the
acts
of
the
34
other
done
in
furtherance
of
the
commission
of
the
offense
or
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escape
therefrom,
and
each
person’s
guilt
will
be
the
same
as
1
that
of
the
person
so
acting.
2
The
bill
provides
that
the
looting
of
property
exceeding
3
$10,000
in
value,
by
any
one
person
or
all
persons
engaged
in
4
the
looting
of
the
property,
or
the
looting
of
any
property
not
5
exceeding
$10,000
in
value
by
one
person
who
has
once
before
6
been
convicted
of
looting
in
the
first
or
second
degree,
or
7
any
looting
that
involves
a
dangerous
weapon,
is
looting
in
8
the
first
degree.
Looting
in
the
first
degree
is
a
class
“C”
9
felony
punishable
by
an
indeterminate
term
of
confinement
not
10
to
exceed
10
years,
with
a
mandatory
minimum
term
of
five
11
years,
and
the
assessment
of
a
minimum
fine
of
$1,000
and
a
12
maximum
fine
of
$10,000.
13
The
bill
provides
that
the
looting
of
property
exceeding
14
$1,000
in
value
but
not
exceeding
$10,000
in
value,
by
any
one
15
person
or
all
persons
engaged
in
the
looting
of
the
property,
16
or
the
looting
of
any
property
not
exceeding
$1,000
in
value
17
by
one
person
who
has
once
before
been
convicted
of
looting
in
18
the
third
degree,
is
looting
in
the
second
degree.
Looting
19
in
the
second
degree
is
a
class
“D”
felony
punishable
by
an
20
indeterminate
term
of
confinement
not
to
exceed
five
years,
21
with
a
mandatory
minimum
term
of
one
and
one-half
years,
and
22
the
assessment
of
a
minimum
fine
of
$650
and
a
maximum
fine
of
23
$7,500.
24
The
bill
provides
that
the
looting
of
property
not
exceeding
25
$1,000
in
value,
by
any
one
person
or
all
persons
engaged
in
26
the
looting
of
the
property,
is
looting
in
the
third
degree.
27
Looting
in
the
third
degree
is
an
aggravated
misdemeanor
28
punishable
by
an
indeterminate
term
of
confinement
not
to
29
exceed
two
years,
with
a
mandatory
minimum
term
of
six
months,
30
and
the
assessment
of
a
minimum
fine
of
$570
and
a
maximum
fine
31
of
$6,250.
32
The
bill
provides
that
a
person
whose
business
or
property
33
is
directly
or
indirectly
injured
by
looting
may
bring
a
civil
34
action
against
any
person
involved
in
the
violation,
and
may
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2259
recover
up
to
threefold
the
actual
damages
sustained
and
costs
1
and
expenses
including
reasonable
attorney
fees.
Each
person
2
exerting
control
over,
damaging,
or
removing
the
property
of
3
another
shall
be
jointly
and
severally
liable
for
any
such
4
injury.
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