§ 711-3b

711.3B Aggravated theft. 1. A person commits aggravated theft when the person commits an assault as defined in section 708.1, subsection 2, paragraph 'a', that is punishable as a simple misdemeanorunder section 708.2, subsection 7, after the person has removed or attempted to removeproperty not exceeding three hundred dollars in value which has not been purchased from astore or mercantile establishment, or has concealed such property of the store or mercantileestablishment, either on the premises or outside the premises of the store or mercantileestablishment. 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 section 711.2, robbery in thesecond degree in violation of section 711.3, or extortion in violation of section 711.4, is guiltyof 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 section 907.3 for a violation of any offense specified in subsection 2 shall be counted as a previous offense. b.

' felony offense the following shall apply:a. A deferred judgment entered pursuant to section 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 becounted as a previous offense. The courts shall judicially notice the statutes of other stateswhich define offenses substantially equivalent to the offenses specified in this section andcan 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, §4Referred to in §808.12Section not amended; internal reference change applied Sat Dec 23 12:28:49 2023 Iowa Code 2024, Section 711.3B (6, 2)