What is Theft? (Part 2)

   Iowa Code §714.1(3) criminalizes “obtain[ing] the labor or

services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception.  Examples of this would include the proverbial “dine & dash” or any situation where a person promises payment later for a good or service without intention of later payment (Whimpy from Popeye would definitely be guilty of this).

   Iowa Code §714.1(4) is Iowa’s statute banning possession of stolen property.  It criminalizes “exercis[ing] control over stolen property, knowing such property to have been stolen or having reasonable cause to believe that such property has been stolen, unless the person’s purpose is to promptly restore it to the owner or deliver it to an appropriate public officer.”  Perhaps the most interesting part of this statute is that the appellate courts have interpreted this as a single crime, not an ongoing offense.  This is mostly relevant for questions of venue (where the accused would be tried) and statute of limitations (how late a person can be tried).

   The remaining six sections are all considerably more obscure, so we’ll go over them quickly:

·         IowaCode §714.1(5) criminalizes taking, destroying, concealing, or disposing of “property in which someone else has a security interest (think mortgage or car loan), with the intent to defraud the secured party.”
·         IowaCode §714.1(6) criminalizes knowingly passing bad checks.
·         IowaCode §714.1(7) criminalizes stealing public utilities (gas, electricity, or water) or cable TV or telephone service.
·         IowaCode §714.1(8) is basically an anti-hacking statute.
·         IowaCode §714.1(9) criminalizes stealing from video rental services.
·         IowaCode §714.1(10) is a catch all provision for any other act declared to be theft by any other area of the Iowa Code.

  If you’ve been charged with any alternative of theft, you may need the help of an Iowa Criminal Law Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.