State v. Nall

The Supreme Court held that Iowa’s theft-by-taking prohibition in Iowa Code 714.1(1) is limited to situations where a person obtains property without the consent or authority of another, and therefore, a defendant does not violate the statute when he or she obtains property or services by delivering a counterfeit check or money order. Defendant was convicted of “theft by taking” after she removed money from her bank account after depositing several counterfeit checks and money orders and later endorsed a counterfeit money order to a veterinary clinic to pay for boarding services. The Court reversed Defendant’s theft-by-taking convictions, holding that Defendant’s conduct did not constitute theft by taking. View "State v. Nall" on Justia Law