Theft in Iowa: How Value Makes a Difference in a Theft Prosecution

To catch a thief: even if someone is caught "red handed" in Iowa, the State must still prove the value of the stolen item, which is an element of the offense. Note: this image, among the first set of fingerprints taken from 1859 to 1860 by William James Herschel, is considered to be in the public domain because it appears the copyright has expired, according to Wikipedia. The image is available at: http://en.wikipedia.org/wiki/Theft 

The value of an allegedly stolen item is “its highest value by any reasonable standard at the time that it is stolen.  Reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.” Iowa Code § 714.3.

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The classification of a theft charge in Iowa hinges on this value. For example, a theft of something of value in excess of $10,000 is considered first degree theft, a Class “C” felony punishable by at most ten years in prison. Theft of anything in value greater than $1,000 but less than $10,000 is considered a Class “D” felony. Theft of anything in value greater than $500 but not exceeding $1,000 is an aggravated misdemeanor punishable by at most two years in prison. The theft of anything of value greater than $200 but not greater than $500 is a serious misdemeanor punishable by at most one year in jail. Theft of anything of value less than $500 is a simple misdemeanor punishable by at most 30 days in jail.

There are any number of ways to commit theft in Iowa but all require proof of this value. 

If you or a loved one have been charged with theft in the State of Iowa, it may be important for a competent attorney practicing in the area of criminal law to examine the facts and circumstances surrounding the alleged theft.

Of course, a blog is not legal advice. No attorney-client relationship is established by reading a blog or sending unsolicited information to an attorney over the Internet.