H. B. 2616
(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced March 19, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-four, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to theft of
services; larceny; false pretenses; disposing of property to
defraud creditors; penalties; criminal penalties; and making
the penalty for all thefts of services the same as the
larceny penalty would be for the same value of goods.
Be it enacted by the Legislature of West Virginia:
That section twenty-four, article three, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
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 the money, in writing,
to the person from whom he or she obtains
such the 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 The person is guilty of larceny. If the value of the
money, goods or other property is one thousand dollars or more,
such the person is guilty of a felony and, upon conviction
thereof, shall be imprisoned in the penitentiary 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 two thousand five hundred dollars. If the value of
the money, goods or other property is less than one thousand
dollars,
such the 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 two thousand five hundred dollars, 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 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 two
thousand five hundred dollars.
(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 two thousand five hundred
dollars 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 one thousand dollars or more, the person, firm or corporation
is guilty of a felony and, upon conviction thereof, shall be
imprisoned in the penitentiary 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 two
thousand five hundred dollars. If the value of the labor,
services or any other
such thing of value is less than one
thousand dollars, 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 two thousand
five hundred dollars, or both, in the discretion of the court.
(e) Theft of services includes 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 the labor,
services or other
such thing of value of the payment represented
by
such the 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. If the value of the check, draft or order is one thousand
dollars or more, the person, firm or corporation is guilty of a
felony and, upon conviction thereof, shall be imprisoned in the
penitentiary 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 two thousand five hundred
dollars. If the value of the check, draft or order is less than
one thousand dollars, 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 two
thousand five hundred dollars, or both, in the discretion of the
court.
(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 make the penalty for
all thefts of services the same as the larceny penalty would be
for the same value of goods.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.