§ 714.1

714.1 Theft defined. A person commits theft when the person does any of the following:1. Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof. 2. Misappropriates property which the person has in trust, or property of another which the person has in the person’s possession or control, whether such possession or control islawful or unlawful, by using or disposing of it in a manner which is inconsistent with ora denial of the trust or of the owner’s rights in such property, or conceals found property,or appropriates such property to the person’s own use, when the owner of such property isknown to the person. a. Failure by a bailee or lessee of personal property to return the property within seventy-two hours after a time specified in a written agreement of lease or bailment shall beevidence of misappropriation. b. If a time is not specified in the written agreement of lease or bailment for the expiration or termination of the lease or bailment or for the return of the personal property, failure bya lessee or bailee to return the property within five days after proper notice to the lessee

e expiration or termination of the lease or bailment or for the return of the personal property, failure bya lessee or bailee to return the property within five days after proper notice to the lessee orbailee shall be evidence of misappropriation. For the purposes of this paragraph, 'propernotice' means a written notice of the expiration or termination of the lease or bailmentagreement sent to the lessee or bailee by certified or restricted certified mail at the addressof the lessee or bailee specified in the agreement. The notice shall be considered effective onthe date of the mailing of the notice regardless of whether or not the lessee or bailee signsa receipt for the notice. 3. Obtains 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, bydeception. Where compensation for goods and services is ordinarily paid immediately uponthe obtaining of such goods or the rendering of such services, the refusal to pay or leavingthe premises without payment or offer to pay or without having obtained from the owner oroperator the right to pay subsequent to leaving the premises gives

such services, the refusal to pay or leavingthe premises without payment or offer to pay or without having obtained from the owner oroperator the right to pay subsequent to leaving the premises gives rise to an inference thatthe goods or services were obtained by deception. 4. Exercises 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’spurpose is to promptly restore it to the owner or to deliver it to an appropriate public officer.The fact that the person is found in possession of property which has been stolen from twoor more persons on separate occasions, or that the person is a dealer or other person familiarwith the value of such property and has acquired it for a consideration which is far below itsreasonable value, or that the person violated section 714.27A in a transaction involving theproperty, shall be evidence from which the court or jury may infer that the person knew orbelieved that the property had been stolen. 5. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party. 6.

son knew orbelieved that the property had been stolen. 5. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party. 6. Makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person, or corporation, and obtains property, the use of property,including rental property, or service in exchange for such instrument, if the person knowsthat such check, share draft, draft, or written order will not be paid when presented. a. Whenever the drawee of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon withinten days of the maker’s receipt of notice from the holder that payment has been refused by thedrawee, the court or jury may infer from such facts that the maker knew that the instrumentwould not be paid on presentation. Notice of refusal of payment shall be by certified mail, orby personal service in the manner prescribed for serving original notices. b. Whenever the drawee of such instrument has refused payment because the maker has no account with the

by certified mail, orby personal service in the manner prescribed for serving original notices. b. Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court or jury may infer from such fact that the maker knewthat the instrument would not be paid on presentation. 7. Obtains gas, electricity or water from a public utility or obtains cable television or telephone service from an unauthorized connection to the supply or service line or by Sat Dec 23 12:29:16 2023 Iowa Code 2024, Section 714.1 (20, 0) §714.1, THEFT, FRAUD, AND RELATED OFFENSES 2 intentionally altering, adjusting, removing or tampering with the metering or service deviceso as to cause inaccurate readings. 8. Knowingly and without authorization accesses or causes to be accessed a computer, computer system, or computer network, or any part thereof, for the purpose of obtainingcomputer services, information, or property or knowingly and without authorization andwith the intent to permanently deprive the owner of possession, takes, transfers, conceals, orretains possession of a computer, computer system, or computer network or any computersoftware or computer

ith the intent to permanently deprive the owner of possession, takes, transfers, conceals, orretains possession of a computer, computer system, or computer network or any computersoftware or computer program, or computer data contained in a computer, computer system,or computer network. 9. a. Obtains the temporary use of video rental property or equipment rental property with the intent to deprive the owner of the use and possession of the video rental property orequipment rental property without the consent of the owner. b. Lawfully obtains the temporary use of video rental property or equipment rental property and fails to return the video rental property or equipment rental property by theagreed time with the intent to deprive the owner of the use and possession of the video rentalproperty or equipment rental property without the consent of the owner. The aggregatevalue of the video rental property or equipment rental property involved shall be the originalretail value of the video rental property or equipment rental property. 10. Any act that is declared to be theft by any provision of the Code.[C51, §2612, 2615 – 2618, 2620, 2621; R60, §806, 807, 4236, 4237, 4240 – 4243,

ideo rental property or equipment rental property. 10. Any act that is declared to be theft by any provision of the Code.[C51, §2612, 2615 – 2618, 2620, 2621; R60, §806, 807, 4236, 4237, 4240 – 4243, 4245, 4246, 4251; C73, §3895, 3902, 3905 – 3911, 3915; C97, §4831, 4837 – 4842, 4844, 4845, 4850, 4852,5076; S13, §4850, 4852-c, -d, -e; C24, §13005, 13010, 13014 – 13016, 13018, 13027, 13030,13031, 13035 – 13037, 13042, 13046 – 13048, 13052; C27, 31, 35, §13005, 13010, 13014 – 13016,13018, 13027, 13030, 13031, 13034 – a1 – 13037, 13042, 13046 – 13048, 13052; C39, §13005,13010, 13014 – 13016, 13018, 13027, 13030, 13031, 13034.1 – 13037, 13042, 13046 – 13048,13052; C46, 50, 54, 58, §709.1, 709.6 – 709.9, 709.11, 710.1, 710.4, 710.5, 710.9 – 710.12, 712.1,713.2 – 713.4, 713.7; C62, 66, §709.1, 709.6 – 709.9, 709.11, 709.20, 710.1, 710.4, 710.5, 710.9– 710.12, 712.1, 713.2 – 713.4, 713.7; C71, 73, 75, 77, §709.1, 709.6 – 709.9, 709.11, 709.20,709.25, 710.1, 710.4, 710.5, 710.9 – 710.12, 710.14, 712.1, 713.2 – 713.4, 713.7; C79, 81, §714.1] 85 Acts, ch 164, §1; 89 Acts, ch 170, §1; 97 Acts, ch 167, §1; 2000 Acts, ch 1201, §9; 2005 Acts, ch 84, §1; 2013 Acts, ch 30, §206; 2017 Acts, ch 89,

4, 712.1, 713.2 – 713.4, 713.7; C79, 81, §714.1] 85 Acts, ch 164, §1; 89 Acts, ch 170, §1; 97 Acts, ch 167, §1; 2000 Acts, ch 1201, §9; 2005 Acts, ch 84, §1; 2013 Acts, ch 30, §206; 2017 Acts, ch 89, §1; 2022 Acts, ch 1092, §1 Referred to in §702.1A, 714.6AComputer terminology, see §702.1A Sat Dec 23 12:29:16 2023 Iowa Code 2024, Section 714.1 (20, 0)