H. B. 2755
(By Delegates Stemple, Kominar, Pethtel,
Crosier, Williams and Amores)
[Introduced January 29, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eighteen, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to creating a
criminal penalty for persons receiving stolen property that
was obtained by means other than through the commission of a
theft.
Be it enacted by the Legislature of West Virginia:
That section eighteen, 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.
§61-3-18. Receiving or transferring stolen goods.
If any person buy or receive from another person, or aid in
concealing, or transfer to a person other than the owner thereof,
any stolen goods or goods represented as stolen, though obtained by means other than the commission of a larceny, or other thing of
value, which he or she knows or has reason to believe has been
stolen, he or she shall be deemed considered guilty of the larceny
thereof, and may be prosecuted although the principal offender be
not convicted.
NOTE: The purpose of this section is to
create a criminal
penalty for persons receiving stolen property that was obtained by
means other than through the commission of a theft.
The section is
intended to permit police to obtain convictions through "sting"
operations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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