ENROLLED

Senate Bill No. 574

(By Senators Wooton, Bowman, Dittmar, Buckalew, White, Wagner,

Anderson, Deem, Scott, Ross, Miller and Oliverio)

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[Passed March 11, 1995; in effect ninety days from passage.]

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AN ACT to amend article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-four-d, relating to fraudulent schemes; cumulation of amounts where common scheme exists; and penalties.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty- four-d, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-24d. Fraudulent schemes; cumulation of amounts where common scheme exists; penalties.

(a) Any person who willfully deprives another of any money, goods, property or services by means of fraudulent pretenses, representations or promises shall be guilty of the larceny thereof.
(b) In determining the value of the money, goods, property or services referred to in subsection (a) of this section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.
(c) A violation of law may be prosecuted under this section notwithstanding any other provision of this code.