§708-835.55

Theft; agricultural product; sentencing

Fraud & financial crimes · Chapter 708 — Offenses Against Property Rights · Part IV. Theft and Related Offenses

(1) Whenever a person is sentenced under sections 708-830.5, 708-831, 708-832, or 708-833, for an offense involving theft of an agricultural product or commodity, in addition to any penalty prescribed by those sections, the person shall be required to make payment to the property owner for:

(a) The value of the stolen agricultural product or commodity, pursuant to section 706-646; and

(b) The cost of replanting the agricultural product or commodity.

(2) For purposes of this section, "agricultural product or commodity" includes:

(a) Floricultural, horticultural, viticultural, aquacultural, forestry products or commodities; and

(b) Shrubbery, nuts, coffee, seeds, and other farm or plantation products or commodities,

whether for personal or commercial use. [L 2012, c 125, §1]

Source / Amendment history

[L 2012, c 125, §1]

Cross references, commentary & case notes

COMMENTARY ON §708-835.55 Act 125, Session Laws 2012, added this section, requiring persons sentenced for theft in the first, second, third, or fourth degree for an offense involving theft of an agricultural product or commodity to pay restitution to the victim in an amount equal to the value of what was stolen and the cost of replanting. The legislature found that agricultural theft continues to be a significant problem in the State and has resulted in millions of dollars in losses for the agricultural industry. The legislature further found that existing laws were not stringent enough to deter potential thieves. Act 125 would allow prosecutors to develop stronger cases against thieves of agricultural products and commodities. Senate Standing Committee Report No. 2289, Senate Standing Committee Report No. 3322.

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