714.6A Video or equipment rental property theft — evidence of intention — affirmative defense.
1. The fact that a person obtains possession of video rental property or equipment rental property by means of deception, including but not limited to furnishing a false name, address, or other identification to the owner, is evidence that possession was obtained with intent to knowingly deprive the owner of the use and possession of the video rental property or equipment rental property.
2. The fact that a person, having lawfully obtained possession of video rental property or equipment rental property, fails to pay the owner the fair market value of the video rental property or equipment rental property or to return or make arrangements acceptable to the owner to return the video rental property or equipment rental property to the owner within forty-eight hours after receipt of written notice and demand from the owner is evidence of an intent to knowingly deprive the owner of the use and possession of the video rental property or equipment rental property.
3. It shall be an affirmative defense to a prosecution under section 714.1, subsection 9, paragraph “a”, if the defendant in possession of video rental property or equipment rental property pays the owner the fair market value of the video rental property or equipment rental property or returns the property to the owner within forty-eight hours of arrest, together with any standard overdue charges for the period that the owner was unlawfully deprived of possession, but not to exceed one hundred twenty days, and the value of the damage to the property, if any.
2000 Acts, ch 1201, §10; 2017 Acts, ch 89, §2
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 714 - THEFT, FRAUD, AND RELATED OFFENSES
Section 714.1 - Theft defined.
Section 714.2 - Degrees of theft.
Section 714.4 - Claim of right.
Section 714.5 - Library materials and equipment — unpurchased merchandise — evidence of intention.
Section 714.7 - Operating vehicle without owner’s consent.
Section 714.7B - Theft detection devices — shield or removal prohibited.
Section 714.7C - Theft of pseudoephedrine — enhancement.
Section 714.7D - Retail motor fuel.
Section 714.8 - Fraudulent practices defined.
Section 714.9 - Fraudulent practice in the first degree.
Section 714.10 - Fraudulent practice in the second degree.
Section 714.11 - Fraudulent practice in the third degree.
Section 714.12 - Fraudulent practice in the fourth degree.
Section 714.13 - Fraudulent practice in the fifth degree.
Section 714.14 - Value for purposes of fraudulent practices.
Section 714.15 - Reproduction of sound recordings.
Section 714.16 - Consumer frauds.
Section 714.16B - Identity theft — civil cause of action.
Section 714.16C - Consumer education and litigation fund.
Section 714.17 - Unlawful advertising and selling of educational courses.
Section 714.18 - Evidence of financial responsibility.
Section 714.19 - Nonapplicability.
Section 714.20 - One contract per person.
Section 714.21A - Civil enforcement.
Section 714.22 - Trade and vocational schools — exemption — conditions.
Section 714.23 - Refund policies — penalty.
Section 714.24 - Additional requirements.
Section 714.26 - Intellectual property counterfeiting.
Section 714.27 - Scrap metal transactions and reporting — penalties.
Section 714.28 - Claims against purchased or pledged goods held by pawnbrokers.
Section 714.29 - Records filed with intent to harass or defraud.