§708-803 Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a property crime. (2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within ten years of the instant offense, has convictions for offenses within this chapter for: (a) Any combination of two felonies or misdemeanors; or (b) Any combination of either one felony or one misdemeanor and one petty misdemeanor; or (c) Three petty misdemeanors. The convictions shall be for separate incidents on separate dates. The prosecution is not required to prove any state of mind with respect to the person's status as a habitual property crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element. (3) A person commits a property crime if the person engages in conduct that constitutes an offense under this chapter. It can be established that the person has committed a property crime by either the prosecution proving that the person is guilty of or by the person pleading guilty or no contest to committing any offense under this chapter. (4) Habitual property crime is a class C felony. (5) For a conviction under this section, the sentence shall be either: (a) An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be not less than one year; or (b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section. [L 2004, c 49, §1; am L 2014, c 118, §1; am L 2016, c 231, §36]
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