COMMITTEE SUBSTITUTE
FOR
H. B. 4388
(By Delegates Morgan, Craig, Leach,
Stemple, Varner, Kominar and Smirl)
(Originating in the Committee on the Judiciary)
[February 25, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-56, relating to
the creation, possession and use of original, altered,
counterfeit or reproduced retail sales receipts or universal
product codes with the intent to cheat or defraud a retailer;
making such activities illegal; creating new misdemeanor and
felony offenses for such illegal activities; and establishing
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 a counterfeit or fraudulent sales receipt or universal
product code label, or who utters, transfers, makes, alters,
counterfeits, or reproduces a retail sales receipt or a universal
product code label with the intent to cheat or defraud a retailer 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 or universal
product codes, or possesses a 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.
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