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2024 Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 714 - THEFT, FRAUD, AND RELATED OFFENSES
Section 714.8 - Fraudulent practices defined.
Universal Citation:
IA Code § 714.8 (2024)
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714.8 Fraudulent practices defined. A person who does any of the following acts is guilty of a fraudulent practice:1. Makes, tenders or keeps for sale any warehouse receipt, bill of lading, or any other instrument purporting to represent any right to goods, with knowledge that the goodsrepresented by such instrument do not exist. 2. Knowingly attaches or alters any label to any goods offered or kept for sale so as to materially misrepresent the quality or quantity of such goods, or the maker or source of suchgoods. 3. Knowingly executes or tenders a false certification under penalty of perjury, false affidavit, or false certificate, if the certification, affidavit, or certificate is required by law orgiven in support of a claim for compensation, indemnification, restitution, or other payment. 4. Makes any entry in or alteration of any public records, or any records of any corporation, partnership, or other business enterprise or nonprofit enterprise, knowing thesame to be false. 5. Removes, alters or defaces any serial or other identification number, or any owners’ identification mark, from any property not the person’s own. 6. For the purpose of soliciting assistance, contributions, or other thing of value, falsely represents oneself to be a veteran of the armed forces of the United States, or a member ofany fraternal, religious, charitable, or veterans organization, or any pretended organizationof a similar nature, or to be acting on behalf of such person or organization. 7. Manufactures, sells, or keeps for sale any token or device suitable for the operation of a coin-operated device or vending machine, with the intent that such token or device maybe so used, or with the representation that they can be so used; provided, that the owner oroperator of any coin-operated device or vending machine may sell slugs or tokens for use inthe person’s own devices. 8. Manufactures or possesses any false or counterfeit label, with the intent that it be placed on merchandise to falsely identify its origin or quality, or who sells any such false orcounterfeit label with the representation that it may be so used. 9. Alters or renders inoperative or inaccurate any meter or measuring device used in determining the value of or compensation for the purchase, use or enjoyment of property,with the intent to defraud any person. 10. Does any act expressly declared to be a fraudulent practice by any other section of the Code. 11. Removes, defaces, covers, alters, or destroys any component part number as defined in section 321.1, vehicle identification number as defined in section 321.1, orproduct identification number as defined in section 321.1, for the purpose of concealing ormisrepresenting the identity or year of manufacture of the component part or vehicle. 12. Knowingly transfers or assigns a legal or equitable interest in property, as defined in section 702.14, for less than fair consideration, with the intent to obtain public assistanceunder chapters 16, 35B, 35D, and 347B, or Title VI, subtitles 2 through 6, or accepts a transferof or an assignment of a legal or equitable interest in property, as defined in section 702.14, forless than fair consideration, with the intent of enabling the party transferring the property toobtain public assistance under chapters 16, 35B, 35D, and 347B, or Title VI, subtitles 2 through6. A transfer or assignment of property for less than fair consideration within one year priorto an application for public assistance benefits shall be evidence of intent to transfer or assignthe property in order to obtain public assistance for which a person is not eligible by reasonof the amount of the person’s assets. If a person is found guilty of a fraudulent practice in thetransfer or assignment of property under this subsection the maximum sentence shall be thepenalty established for a serious misdemeanor and sections 714.9, 714.10, and 714.11 shallnot apply. 13. Fraudulent practices in connection with targeted small business programs.a. (1) Knowingly transfers or assigns assets, ownership, or equitable interest in property of a business to a woman or minority person primarily for the purpose of obtaining benefitsunder targeted small business programs if the transferor would otherwise not be qualified forsuch programs. Sat Dec 23 12:29:23 2023 Iowa Code 2024, Section 714.8 (21, 1)
§714.8, THEFT, FRAUD, AND RELATED OFFENSES 2 (2) Solicits and is awarded a state contract on behalf of a targeted small business for the purpose of transferring the contract to another for a percentage if the person transferring orintending to transfer the work had no intention of performing the work. (3) Knowingly falsifying information on an application for the purpose of obtaining benefits under targeted small business programs. b. A violation under this subsection is grounds for decertification of the targeted small business connected with the violation. Decertification shall be in addition to any penaltyotherwise authorized by this section. 14. a. Makes payment pursuant to an agreement with a dealer or market agency for livestock held by the dealer or market agency by use of a financial instrument which is acheck, share draft, draft, or written order on any financial institution, as defined in section203.1, if after seven days from the date that possession of the livestock is transferredpursuant to the purchase, the financial institution refuses payment on the instrumentbecause of insufficient funds in the maker’s account. b. This subsection is not applicable if the maker pays the holder of the instrument the amount due on the instrument within one business day from a receipt of notice by certifiedmail from the holder that payment has been refused by the financial institution. c. As used in this subsection, “dealer” means a person engaged in the business of buying or selling livestock, either on the person’s own account, or as an employee or agent of avendor or purchaser. “Market agency” means a person engaged in the business of buying orselling livestock on a commission basis. 15. Obtains or attempts to obtain the transfer of possession, control, or ownership, of the property of another by deception through communications conducted primarily by telephoneand involving direct or implied claims that the other person contacted has won or is about towin a prize, or involving direct or implied claims that the other person contacted may be ableto recover any losses suffered by such other person in connection with a prize promotion. 16. Knowingly provides false information to the treasurer of state when claiming, pursuant to section 556.19, an interest in unclaimed property held by the state, or knowinglyprovides false information to a person or fails to disclose the nature, value, and location ofunclaimed property prior to entering into a contract to receive compensation to recover orassist in the recovery of property reported as unclaimed pursuant to section 556.11. 17. A packer who includes a confidentiality provision in a contract with a livestock seller in violation of section 202A.4. 18. a. Manufactures, creates, reproduces, alters, possesses, uses, transfers, or otherwise knowingly contributes to the production or use of a fraudulent retail sales receipt or universalproduct code label with intent to defraud another person engaged in the business of retailing. b. For purposes of this subsection:(1) “Retail sales receipt” means a document intended to evidence payment for goods or services. (2) “Universal product code label” means the unique ten-digit bar code placed on the packaging of an item that may be used for purposes including but not limited to trackinginventory, maintaining price information in a computerized database, and serving as proof ofpurchase of a particular item. 19. A contractor who enforces a provision in a production contract that provides that information contained in the production contract is confidential as provided in section 202.3. 20. A contract seller who intentionally provides inaccurate information with regard to any matter required to be disclosed under section 558.70, subsection 1, or section 558A.4. 21. Knowingly, by deception and with intent to defraud another person, represents that the child expected as the result of that person’s pregnancy or the pregnancy of another personmay be available for adoption. [C51, §2744, 2755; R60, §4394, 4405; C73, §4073, 4084, 4088; C97, §5041, 5056, 5068; C24, 27, §13045, 13058, 13059, 13071; C31, 35, §13045, 13058, 13059, 13071, 13092-d1; C39,§13045, 13058, 13059, 13071, 13092.1; C46, §713.1, 713.13, 713.14, 713.26, 714.12; C50, 54, Sat Dec 23 12:29:23 2023 Iowa Code 2024, Section 714.8 (21, 1)
58, 62, §713.1, 713.13, 713.14, 713.26, 713.36 – 713.38, 714.12; C66, 71, 73, 75, 77, §713.1,713.13, 713.14, 713.26, 713.36 – 713.38, 713.40, 714.12; C79, 81, §714.8] 84 Acts, ch 1048, §2; 85 Acts, ch 195, §61; 90 Acts, ch 1156, §12; 91 Acts, ch 15, §1; 91 Acts, ch 258, §65; 94 Acts, ch 1023, §70; 94 Acts, ch 1185, §1; 96 Acts, ch 1038, §2; 99 Acts, ch 88,§9, 13; 99 Acts, ch 107, §1; 99 Acts, ch 108, §11; 99 Acts, ch 169, §21, 22, 24; 2002 Acts, ch1136, §5, 6; 2009 Acts, ch 133, §178; 2011 Acts, ch 34, §146; 2017 Acts, ch 113, §24 Referred to in §96.16, 189A.10, 202.5, 202A.7, 203.20, 203C.25, 714.11For future text of subsection 22, effective July 1, 2024, see 2023 Acts, ch 155, §20, 24 Sat Dec 23 12:29:23 2023 Iowa Code 2024, Section 714.8 (21, 1)
§714.8, THEFT, FRAUD, AND RELATED OFFENSES 2 (2) Solicits and is awarded a state contract on behalf of a targeted small business for the purpose of transferring the contract to another for a percentage if the person transferring orintending to transfer the work had no intention of performing the work. (3) Knowingly falsifying information on an application for the purpose of obtaining benefits under targeted small business programs. b. A violation under this subsection is grounds for decertification of the targeted small business connected with the violation. Decertification shall be in addition to any penaltyotherwise authorized by this section. 14. a. Makes payment pursuant to an agreement with a dealer or market agency for livestock held by the dealer or market agency by use of a financial instrument which is acheck, share draft, draft, or written order on any financial institution, as defined in section203.1, if after seven days from the date that possession of the livestock is transferredpursuant to the purchase, the financial institution refuses payment on the instrumentbecause of insufficient funds in the maker’s account. b. This subsection is not applicable if the maker pays the holder of the instrument the amount due on the instrument within one business day from a receipt of notice by certifiedmail from the holder that payment has been refused by the financial institution. c. As used in this subsection, “dealer” means a person engaged in the business of buying or selling livestock, either on the person’s own account, or as an employee or agent of avendor or purchaser. “Market agency” means a person engaged in the business of buying orselling livestock on a commission basis. 15. Obtains or attempts to obtain the transfer of possession, control, or ownership, of the property of another by deception through communications conducted primarily by telephoneand involving direct or implied claims that the other person contacted has won or is about towin a prize, or involving direct or implied claims that the other person contacted may be ableto recover any losses suffered by such other person in connection with a prize promotion. 16. Knowingly provides false information to the treasurer of state when claiming, pursuant to section 556.19, an interest in unclaimed property held by the state, or knowinglyprovides false information to a person or fails to disclose the nature, value, and location ofunclaimed property prior to entering into a contract to receive compensation to recover orassist in the recovery of property reported as unclaimed pursuant to section 556.11. 17. A packer who includes a confidentiality provision in a contract with a livestock seller in violation of section 202A.4. 18. a. Manufactures, creates, reproduces, alters, possesses, uses, transfers, or otherwise knowingly contributes to the production or use of a fraudulent retail sales receipt or universalproduct code label with intent to defraud another person engaged in the business of retailing. b. For purposes of this subsection:(1) “Retail sales receipt” means a document intended to evidence payment for goods or services. (2) “Universal product code label” means the unique ten-digit bar code placed on the packaging of an item that may be used for purposes including but not limited to trackinginventory, maintaining price information in a computerized database, and serving as proof ofpurchase of a particular item. 19. A contractor who enforces a provision in a production contract that provides that information contained in the production contract is confidential as provided in section 202.3. 20. A contract seller who intentionally provides inaccurate information with regard to any matter required to be disclosed under section 558.70, subsection 1, or section 558A.4. 21. Knowingly, by deception and with intent to defraud another person, represents that the child expected as the result of that person’s pregnancy or the pregnancy of another personmay be available for adoption. [C51, §2744, 2755; R60, §4394, 4405; C73, §4073, 4084, 4088; C97, §5041, 5056, 5068; C24, 27, §13045, 13058, 13059, 13071; C31, 35, §13045, 13058, 13059, 13071, 13092-d1; C39,§13045, 13058, 13059, 13071, 13092.1; C46, §713.1, 713.13, 713.14, 713.26, 714.12; C50, 54, Sat Dec 23 12:29:23 2023 Iowa Code 2024, Section 714.8 (21, 1)
58, 62, §713.1, 713.13, 713.14, 713.26, 713.36 – 713.38, 714.12; C66, 71, 73, 75, 77, §713.1,713.13, 713.14, 713.26, 713.36 – 713.38, 713.40, 714.12; C79, 81, §714.8] 84 Acts, ch 1048, §2; 85 Acts, ch 195, §61; 90 Acts, ch 1156, §12; 91 Acts, ch 15, §1; 91 Acts, ch 258, §65; 94 Acts, ch 1023, §70; 94 Acts, ch 1185, §1; 96 Acts, ch 1038, §2; 99 Acts, ch 88,§9, 13; 99 Acts, ch 107, §1; 99 Acts, ch 108, §11; 99 Acts, ch 169, §21, 22, 24; 2002 Acts, ch1136, §5, 6; 2009 Acts, ch 133, §178; 2011 Acts, ch 34, §146; 2017 Acts, ch 113, §24 Referred to in §96.16, 189A.10, 202.5, 202A.7, 203.20, 203C.25, 714.11For future text of subsection 22, effective July 1, 2024, see 2023 Acts, ch 155, §20, 24 Sat Dec 23 12:29:23 2023 Iowa Code 2024, Section 714.8 (21, 1)
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