Senate Bill No. 371

(By Senator Caldwell)

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[Introduced January 28, 2003; referred to the Committee on the Judiciary.]

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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 enhanced criminal penalties for obtaining money, property and services by false pretenses from persons sixty-five years of age and older.

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 money, in writing, to the person from whom he or she obtains such 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 That 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 in a state correctional facility not less than one year nor more than ten years, or, in the discretion of the court, be confined in the county or regional 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 the county or regional jail not more than one year or fined not more than two thousand five hundred dollars, or both fined and imprisoned.
(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 a state correctional facility 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 a county or regional 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 a state correctional facility not less than one year nor more than ten years or, in the discretion of the court, be confined in a county or regional 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 a county or regional jail not more than one year or fined not more than two thousand five hundred dollars, or both in the discretion of the court fined and imprisoned.
(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 labor, services or other such thing of value of the payment represented by such 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.
(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.
(g) If the victim of an offense described in subdivisions (a) (1) or (2) or subdivision (b) of this section is a person sixty-five years of age or older, the person committing the offense, is guilty of a misdemeanor if the value of the money, goods or other property or services is less than one thousand dollars and, upon conviction thereof, for a first offense, shall be fined not more than one thousand dollars, or confined in the county or regional jail not less than ten days nor more than six months, or both fined and imprisoned; or if it is a second such offense, upon conviction thereof, the person shall be fined not less than two thousand five hundred dollars nor more than ten thousand dollars, or confined in the regional or county jail for not less than six months nor more than one year, or both fined and imprisoned.
(h) If the victim of an offense described in subdivisions (a) (1) or (2) or subdivision (b) of this section is a person sixty-five years of age or older, the person committing the offense, is guilty of a felony if the value of the money, goods or other property or services is one thousand dollars or more, and upon conviction thereof, shall be fined not more than twenty-five thousand dollars, or imprisoned in a state correctional facility not less than five nor more than fifteen years, or both fined and imprisoned; or if it is a second such offense, upon conviction thereof, shall be fined not less than ten thousand dollars nor more than twenty-five thousand dollars, or imprisoned in a state correctional facility not less than five nor more than fifteen years, or both fined and imprisoned.



NOTE: The purpose of this bill is to provide enhanced criminal penalties for obtaining money, property and services by false pretenses from persons sixty-five years of age and older.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.