Iowa Code 711.3B – Aggravated theft
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 711.3B
- Conviction: A judgement of guilt against a criminal defendant.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
711.3B Aggravated theft.
1. A person commits aggravated theft when the person commits an assault as defined in § 708.1, subsection 2, paragraph “”a””, that is punishable as a simple misdemeanor under § 708.2, subsection 7, after the person has removed or attempted to remove property not exceeding three 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 § 711.2, robbery in the second degree in violation of § 711.3, or extortion in violation of § 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 § 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.
2019 Acts, ch 140, §4
Referred to in §808.12
Section not amended; internal reference change applied
1. A person commits aggravated theft when the person commits an assault as defined in § 708.1, subsection 2, paragraph “”a””, that is punishable as a simple misdemeanor under § 708.2, subsection 7, after the person has removed or attempted to remove property not exceeding three 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 § 711.2, robbery in the second degree in violation of § 711.3, or extortion in violation of § 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 § 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.
2019 Acts, ch 140, §4
Referred to in §808.12
Section not amended; internal reference change applied