ENGROSSED
Senate Bill No. 359
(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Kessler,
Oliverio, Ross, White, Buckalew, Deem, Kimble and Scott)
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[Originating in the Committee on the Judiciary;
reported January 30, 1998.]
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A BILL to amend and reenact section twenty-four-d, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to fraudulent
schemes; clarifying who or what entities may be victims; and
allowing for cumulation of scheme amounts.
Be it enacted by the Legislature of West Virginia:
That section twenty-four-d, 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.
§61-3-24d. Fraudulent schemes; cumulation of amounts where common
scheme exists; penalties.
(a) Any person who willfully deprives another any person or
entity, public or private, 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 the subject of the
deprivation as part of a common scheme or plan. In determining the
value of the money, goods, property or services referred to in
subsection (a) of this section, it shall also be permissible to
cumulate amounts or values where more than one person or victim was
involved where such money, goods, property or services were the
subject of the deprivation 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.