SB1144: Personal property; fraudulent conversion or removal of leased property.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-118 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-118. Fraudulent conversion or removal of leased personal property.
(a) A. Whenever any person is in possession or
control of any personal property, by virtue of or subject to a written lease of
such property, except property described in § 18.2-117, and such person so in
possession or control shall, with intent to defraud, sell, secrete, or destroy
the property, or dispose of the property for his own use, or fraudulently
remove the same from the Commonwealth without the written consent of the lessor
thereof, or fail to return such property to the lessor thereof within ten
30 days after expiration of the lease or rental period for such property
stated in such written lease, he shall be deemed guilty of the larceny thereof.
(b) B. The fact that such person signs the lease
or rental agreement with a name other than his own, or fails to return such
property to the lessor thereof within ten 30 days after the
giving of written notice to such person that the lease or rental period for
such property has expired, shall be prima facie evidence of intent to defraud.
For purposes of this section, notice mailed by certified mail and addressed to
such person at the address of the lessee stated in the lease, shall be
sufficient giving of written notice under this section.
(c) C. The venue of prosecution under this section
shall be the county or city in which such property was leased or in which such
accused person last had a legal residence.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-118 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-118. Fraudulent conversion or removal of leased personal property.
(a) A. Whenever any person is in possession or
control of any personal property, by virtue of or subject to a written lease of
such property, except property described in § 18.2-117, and such person so in
possession or control shall, with intent to defraud, sell, secrete, or destroy
the property, or dispose of the property for his own use, or fraudulently
remove the same from the Commonwealth without the written consent of the lessor
thereof, [ or fail to return such property to the lessor
thereof within ten days after expiration of the lease or rental period for such
property stated in such written lease, ] he shall be deemed
guilty of the larceny thereof.
(b) B. The fact that such person signs the lease
or rental agreement with a name other than his own, or fails to return such
property to the lessor thereof within ten days after the giving of written
notice to such person that the lease or rental period for such property has
expired, shall be prima facie evidence of intent to defraud. For
purposes of this section, notice mailed by certified mail and addressed to such
person at the address of the lessee stated in the lease, shall be sufficient
giving of written notice under this section.
(c) C. The venue of prosecution under this
section shall be the county or city in which such property was leased or in
which such accused person last had a legal residence.
SENATE BILL NO. 1144
Be it enacted by the General Assembly of Virginia:
1. That 18.2-118 of the Code of Virginia is amended and reenacted as follows:
18.2-118. Fraudulent conversion or removal of leased personal property.
(a) A. Whenever any person is in
possession or control of any personal property, by virtue of or subject to a
written lease of such property, except property described in 18.2-117, and
such person so in possession or control shall, with intent to defraud, sell,
secrete, or destroy the property, or dispose of the property for his own use,
or fraudulently remove the same from the Commonwealth without the written
consent of the lessor thereof, or fail to return such property to the lessor thereof within ten days after expiration of the lease or rental
period for such property stated in such written lease, he shall be
deemed guilty of the larceny thereof.
(b) B. The fact that such person
signs the lease or rental agreement with a name other than his own, or fails to return such property to the lessor
thereof within ten days after the giving of written notice
to such person that the lease or rental period for such property has expired,
shall be prima facie evidence of intent to defraud. For
purposes of this section, notice mailed by certified mail and addressed to such
person at the address of the lessee stated in the lease, shall be sufficient
giving of written notice under this section.
(c) C. The venue of prosecution
under this section shall be the county or city in which such property was
leased or in which such accused person last had a legal residence.