H. B. 4388
(By Delegates Morgan, Craig, Leach,
Stemple, Varner, Kominar and Smirl)
[Introduced
February 10, 2004
; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-56, relating to
making certain uses of retail sales receipts or universal
product code labels unlawful; and penalties.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-56, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-56. Bogus receipts and universal product codes; penalties.
(a) A person who, with intent to cheat or defraud a retailer,
possesses, uses, utters, transfers, makes, alters, counterfeits, or
reproduces a retail sales receipt or a universal product code
label, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars nor more than five
hundred dollars or confined in the county or regional jail not more
than six months, or both fined and imprisoned.
(b) A person who, with intent to cheat or defraud a retailer, possesses fifteen or more fraudulent sales receipts, universal
product codes, or possesses the device which purpose is to
manufacture fraudulent retail sales receipts or universal product
code labels, is guilty of a felony and, upon conviction thereof,
shall be fined not less than five hundred dollars nor more than
five thousand dollars or imprisoned in a state correctional
facility not less than one year nor more than two years, or both
fined and imprisoned.
NOTE: The purpose of this bill is to make it unlawful to
reproduce or use counterfeit receipts or universal product code
labels for the purpose of defrauding a retailer.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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