SF 86

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; creating the crime of theft of 
  1.3             video rental property; prescribing penalties; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.5211] [THEFT OF VIDEO RENTAL PROPERTY.] 
  1.8      Subdivision 1.  [DEFINITIONS.] The terms defined in this 
  1.9   subdivision apply to this section. 
  1.10     (a) "Owner" includes any agent of the owner. 
  1.11     (b) "Video rental property" means an audiovisual recording, 
  1.12  including any video tape, video disc, or other tangible medium 
  1.13  of expression on which an audiovisual work is recorded or 
  1.14  otherwise stored, or any equipment or supplies used to view the 
  1.15  recording, and which is held out for rental to the public in the 
  1.16  ordinary course of business. 
  1.17     Subd. 2.  [THEFT OF VIDEO RENTAL PROPERTY.] A person 
  1.18  commits theft of video rental property if the person knowingly: 
  1.19     (1) obtains the temporary use of video rental property with 
  1.20  the intent to, without the consent of the owner, deprive the 
  1.21  owner of the use and possession of the video property; or 
  1.22     (2) having lawfully obtained possession for temporary use 
  1.23  of the video rental property fails to return the property by the 
  1.24  agreed time with the intent to, without the consent of the 
  1.25  owner, deprive the owner of the use and possession of the 
  2.1   property. 
  2.2      Subd. 3.  [SENTENCE.] Whoever commits theft of video rental 
  2.3   property may be sentenced as follows: 
  2.4      (1) to imprisonment for not more than five years or to 
  2.5   payment of a fine of not more than $10,000, or both, if the 
  2.6   value of the video rental property stolen is more than $500; 
  2.7      (2) to imprisonment for not more than one year or to 
  2.8   payment of not more than $3,000, or both, if the value of the 
  2.9   video rental property stolen is more than $200, but not more 
  2.10  than $500; or 
  2.11     (3) in all other cases, where the value of the video rental 
  2.12  property stolen is $200 or less, to imprisonment for not more 
  2.13  than 90 days or to payment of a fine of not more than $700, or 
  2.14  both. 
  2.15     Subd. 4.  [VALUE OF PROPERTY.] The aggregate value of the 
  2.16  property involved shall be the original retail value of the 
  2.17  property, the replacement value of the property, or the 
  2.18  prevailing rental value for the period that the owner was 
  2.19  unlawfully deprived of possession, not to exceed 120 days, 
  2.20  whichever is greater. 
  2.21     Subd. 5.  [PRESUMPTIONS.] (a) In a prosecution for an 
  2.22  offense under subdivision 2, clause (1), if a person obtains 
  2.23  possession of rented video property by means of deception, 
  2.24  including, but not limited to, furnishing a false name, address, 
  2.25  or other identification to the owner, there is a rebuttable 
  2.26  presumption that possession was obtained with intent to deprive 
  2.27  the owner of the use and possession of the video property. 
  2.28     (b) In a prosecution for an offense under subdivision 2, 
  2.29  clause (2), if a person, having lawfully obtained possession of 
  2.30  video rental property, fails to return or make arrangements 
  2.31  acceptable to the owner to return the property to the owner or 
  2.32  to the owner's agent, within 48 hours after receipt of notice 
  2.33  and demand from the owner of the video property, there is a 
  2.34  rebuttable presumption of an intent to deprive the owner of the 
  2.35  use and possession of the video property. 
  2.36     Subd. 6.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
  3.1   defense to a prosecution under subdivision 2, clause (2), if the 
  3.2   defendant in possession of video rental property returns the 
  3.3   property to the owner within 48 hours of the commencement of 
  3.4   prosecution, together with any charges for the overdue period 
  3.5   and the value of the damage to the property, if any. 
  3.6      Sec. 2.  [EFFECTIVE DATE.] 
  3.7      Section 1 is effective August 1, 1995, and applies to 
  3.8   crimes committed on or after that date.