WEST virginia legislature

2020 regular session

Introduced

Senate Bill 553

By Senators Roberts, Boley, Clements, Cline, Hamilton, Maynard, Pitsenbarger, Smith, Sypolt, and Tarr

[Introduced January 21, 2020; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-3-24 of the Code of West Virginia, 1931, as amended, relating to crimes against property; and specifying that theft of rental equipment services is theft of services.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors; penalties.

(a)(1) If a person obtains from another by any false pretense, token or representation, with intent to defraud, any money, goods or other property which may be the subject of larceny; or

(2) If a person obtains on credit from another any money, goods or other property which may be the subject of larceny, by representing that there is money due him or her or to become due him or her, and assigns the claim for such money, in writing, to the person from whom he or she obtains such money, goods or other property, and afterwards collects the money due or to become due, without the consent of the assignee, and with the intent to defraud;

(3) Such person is guilty of larceny. If the value of the money, goods or other property is $1,000 or more, such person is guilty of a felony and, upon conviction thereof, shall be Imprisoned in the penitentiary confined in a state correctional facility not less than one year nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and be fined not more than $2,500. If the value of the money, goods or other property is less than $1,000, such person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than $2,500, or both.

(b) If a person obtains by any false pretense, token or representation, with intent to defraud, the signature of another to a writing, the false making of which would be forgery, the person is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary confined in a state correctional facility not less than one year nor more than five years, or, in the discretion of the court, be confined in jail not more than one year and fined not more than $2,500.

(c)(1) If a person removes any of his or her property out of any county with the intent to prevent the same from being levied upon by any execution; or

(2) If a person secretes, assigns or conveys, or otherwise disposes of any of his or her property with the intent to defraud any creditor or to prevent the property from being made liable for payment of debts; or

(3) If a person receives the property of another with the intent to defraud any creditor or to prevent the property from being made liable for the payment of debts;

(4) The person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 and be confined in jail not more than one year.

(d) If a person, firm or corporation obtains labor, services or any other such thing of value from another by any false pretense, token or representation, with intent to defraud, the person, firm or corporation is guilty of theft of services. If the value of the labor, services or any other such thing of value is $1,000 or more, the person, firm or corporation is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary confined in a state correctional facility not less than one year nor more than 10 years, or, in the discretion of the court, be confined in jail not more than one year and be fined not more than $2,500. If the value of the labor, services or any other such thing of value is less than $1,000, the person, firm or corporation is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than $2,500, or both, in the discretion of the court.

(e) Theft of services includes theft of equipment rental services or the obtaining of a stop payment order on a check, draft or order for payment of money owed for services performed in good faith and in substantial compliance with a written or oral contract for services, with the fraudulent intent to permanently deprive the provider of such labor, services or other such thing of value of the payment represented by such check, draft or order. Notwithstanding the penalties set forth elsewhere in this section, any person, firm or corporation violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two times the face value of the check, draft or order.

(f) Prosecution for an offense under this section does not bar or otherwise affect adversely any right or liability to damages, forfeiture or other civil remedy arising from any or all elements of the criminal offense.

NOTE: The purpose of this bill is to clarify that theft of services includes theft of equipment rental services.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.