Bill Text: VA SB226 | 2016 | Regular Session | Prefiled
Bill Title: Grand larceny and certain property crimes; increases threshold amount of money taken, etc.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-20 - Incorporated by Courts of Justice [SB226 Detail]
Download: Virginia-2016-SB226-Prefiled.html
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16102037D Be it enacted by the General Assembly of Virginia: 1. That §§18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia are amended and reenacted as follows: §18.2-23. Conspiring to trespass or commit larceny. A. If any person shall conspire, confederate or combine with another or others in the Commonwealth to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, having knowledge that any of them have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or having knowledge that any of them have been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may reasonably be seen, he shall be deemed guilty of a Class 3 misdemeanor. B. If any person shall conspire, confederate or combine with
another or others in the Commonwealth to commit larceny or counsel, assist, aid
or abet another in the performance of a larceny, where the aggregate value of
the goods or merchandise involved is C. Jurisdiction for the trial of any person charged under this section shall be in the county or city wherein any part of such conspiracy is planned, or in the county or city wherein any act is done toward the consummation of such plan or conspiracy. §18.2-80. Burning or destroying any other building or structure. If any person maliciously, or with intent to defraud an
insurance company or other person, burn, or by the use of any explosive device
or substance, maliciously destroy, in whole or in part, or cause to be burned
or destroyed, or aid, counsel or procure the burning or destruction of any
building, bridge, lock, dam or other structure, whether the property of himself
or of another, at a time when any person is therein or thereon, the burning or
destruction whereof is not punishable under any other section of this chapter,
he shall be guilty of a Class 3 felony. If he commits such offense at a time
when no person is in such building, or other structure, and such building, or
other structure, with the property therein, be of the value of §18.2-81. Burning or destroying personal property, standing grain, etc. If any person maliciously, or with intent to defraud an
insurance company or other person, set fire to or burn or destroy by any explosive
device or substance, or cause to be burned, or destroyed by any explosive
device or substance, or aid, counsel, or procure the burning or destroying by
any explosive device or substance, of any personal property, standing grain or
other crop, he shall, if the thing burnt or destroyed, be of the value of §18.2-95. Grand larceny defined; how punished. Any person who (i) commits larceny from the person of another
of money or other thing of value of $5 or more, (ii) commits simple larceny not
from the person of another of goods and chattels of the value of §18.2-96. Petit larceny defined; how punished. Any person who: 1. Commits larceny from the person of another of money or other thing of value of less than $5, or 2. Commits simple larceny not from the person of another of
goods and chattels of the value of less than §18.2-96.1. Identification of certain personalty. A. The owner of personal property may permanently mark such property, including any part thereof, for the purpose of identification with the social security number of the owner, preceded by the letters "VA." B. [Repealed.] C. It shall be unlawful for any person to remove, alter, deface, destroy, conceal, or otherwise obscure the manufacturer's serial number or marks, including personalty marked with a social security number preceded by the letters "VA," from such personal property or any part thereof, without the consent of the owner, with intent to render it or other property unidentifiable. D. It shall be unlawful for any person to possess such personal property or any part thereof, without the consent of the owner, knowing that the manufacturer's serial number or any other distinguishing identification number or mark, including personalty marked with a social security number preceded by the letters "VA," has been removed, altered, defaced, destroyed, concealed, or otherwise obscured with the intent to violate the provisions of this section. E. A person in possession of such property which is otherwise in violation of this section may apply in writing to the Bureau of Criminal Investigation, Virginia State Police, for assignment of a number for the personal property providing he can show that he is the lawful owner of the property. If a number is issued in conformity with the provisions of this section, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of this section. This subsection shall apply only when the application has been filed by a person prior to arrest or authorization of a warrant of arrest for that person by a court. F. Any person convicted of an offense under this section, when
the value of the personalty is less than §18.2-97. Larceny of certain animals and poultry. Any person who shall be guilty of the larceny of a dog, horse,
pony, mule, cow, steer, bull or calf shall be guilty of a Class 5 felony; and
any person who shall be guilty of the larceny of any poultry of the value of $5 §18.2-102. Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or accomplices. Any person who shall take, drive or use any animal, aircraft,
vehicle, boat or vessel, not his own, without the consent of the owner thereof
and in the absence of the owner, and with intent temporarily to deprive the
owner thereof of his possession thereof, without intent to steal the same,
shall be guilty of a Class 6 felony §18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts. Whoever, without authority, with the intention of converting
goods or merchandise to his own or another's use without having paid the full
purchase price thereof, or of defrauding the owner of the value of the goods or
merchandise, (i) willfully conceals or takes possession of the goods or
merchandise of any store or other mercantile establishment, or (ii) alters the
price tag or other price marking on such goods or merchandise, or transfers the
goods from one container to another, or (iii) counsels, assists, aids or abets
another in the performance of any of the above acts, when the value of the
goods or merchandise involved in the offense is less than §18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty. A. Any person who commits larceny of property with a value of B. Any person who sells, attempts to sell or possesses with
intent to sell or distribute any stolen property with an aggregate value of C. A violation of this section constitutes a separate and distinct offense. §18.2-145.1. Damaging or destroying research farm product; penalty; restitution. A. Any person or entity that (i) maliciously damages or
destroys any farm product, as defined in §3.2-4709 and (ii) knows the product
is grown for testing or research purposes in the context of product development
in conjunction or coordination with a private research facility or a university
or any federal, state or local government agency is guilty of a Class 1
misdemeanor if the value of the farm product was less than B. The court shall order the defendant to make restitution in accordance with §19.2-305.1 for the damage or destruction caused. For the purpose of awarding restitution under this section, the court shall determine the market value of the farm product prior to its damage or destruction and, in so doing, shall include the cost of: (i) production, (ii) research, (iii) testing, (iv) replacement and (v) product development directly related to the product damaged or destroyed. §18.2-150. Willfully destroying vessel, etc. If any person willfully scuttle, cast away or otherwise
dispose of, or in any manner destroy, except as otherwise provided, a ship,
vessel or other watercraft, with intent to injure or defraud any owner thereof
or of any property on board the same, or any insurer of such ship, vessel or
other watercraft, or any part thereof, or of any such property on board the
same, if the same be of the value of §18.2-152.3. Computer fraud; penalty. Any person who uses a computer or computer network, without authority and: 1. Obtains property or services by false pretenses; 2. Embezzles or commits larceny; or 3. Converts the property of another; is guilty of the crime of computer fraud. If the value of the property or services obtained is §18.2-162. Damage or trespass to public services or utilities. Any person who shall intentionally destroy or damage any facility
which is used to furnish oil, telegraph, telephone, electric, gas, sewer,
wastewater or water service to the public, shall be guilty of a Class 4 felony,
provided that in the event the destruction or damage may be remedied or
repaired for Notwithstanding any other provisions of this title, any person who shall intentionally destroy or damage, or attempt to destroy or damage, any such facility, equipment or material connected therewith, the destruction or damage of which might, in any manner, threaten the release of radioactive materials or ionizing radiation beyond the areas in which they are normally used or contained, shall be guilty of a Class 4 felony, provided that in the event the destruction or damage results in the death of another due to exposure to radioactive materials or ionizing radiation, such person shall be guilty of a Class 2 felony; provided further, that in the event the destruction or damage results in injury to another, such person shall be guilty of a Class 3 felony. §18.2-181. Issuing bad checks, etc., larceny. Any person who, with intent to defraud, shall make or draw or
utter or deliver any check, draft, or order for the payment of money, upon any
bank, banking institution, trust company, or other depository, knowing, at the
time of such making, drawing, uttering or delivering, that the maker or drawer
has not sufficient funds in, or credit with, such bank, banking institution,
trust company, or other depository, for the payment of such check, draft or order,
although no express representation is made in reference thereto, shall be
guilty of larceny; and, if this check, draft, or order has a represented value
of The word "credit" as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order. Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein. §18.2-181.1. Issuance of bad checks. It shall be a Class 6 felony for any person, within a period
of §18.2-182. Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty. Any person who shall make, draw, or utter, or deliver any
check, draft, or order for the payment of money, upon any bank, banking
institution, trust company or other depository on behalf of any business firm
or corporation, for the purpose of paying wages to any employee of such firm or
corporation, or for the purpose of paying for any labor performed by any person
for such firm or corporation, knowing, at the time of such making, drawing,
uttering or delivering, that the account upon which such check, draft or order
is drawn has not sufficient funds, or credit with, such bank, banking
institution, trust company or other depository, for the payment of such check,
draft or order, although no express representation is made in reference
thereto, shall be guilty of a Class 1 misdemeanor; except that if this check,
draft, or order has a represented value of The word "credit," as used herein, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order. In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil action brought upon such check, draft or order. §18.2-186. False statements to obtain property or credit. A. A person shall be guilty of a Class 1 misdemeanor if he makes, causes to be made or conspires to make directly, indirectly or through an agency, any materially false statement in writing, knowing it to be false and intending that it be relied upon, concerning the financial condition or means or ability to pay of himself, or of any other person for whom he is acting, or any firm or corporation in which he is interested or for which he is acting, for the purpose of procuring, for his own benefit or for the benefit of such person, firm or corporation, the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange or promissory note. B. Any person who knows that a false statement has been made
in writing concerning the financial condition or ability to pay of himself or
of any person for whom he is acting, or any firm or corporation in which he is
interested or for which he is acting and who, with intent to defraud, procures,
upon the faith thereof, for his own benefit, or for the benefit of the person,
firm or corporation in which he is interested or for which he is acting, any
such delivery, payment, loan, credit, extension, discount making, acceptance,
sale or endorsement, shall, if the value of the thing or the amount of the
loan, credit or benefit obtained is C. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with the offense resided at the time of the offense. D. As used in this section, "in writing" shall include information transmitted by computer, facsimile, e-mail, Internet, or any other electronic medium, and shall not include information transmitted by any such medium by voice transmission. §18.2-186.3. Identity theft; penalty; restitution; victim assistance. A. It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to: 1. Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; 2. Obtain money, credit, loans, goods, or services through the use of identifying information of such other person; 3. Obtain identification documents in such other person's name; or 4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth. B. It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to: 1. Fraudulently obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; 2. Obtain money, credit, loans, goods, or services through the use of identifying information of such other person; 3. Obtain identification documents in such other person's name; or 4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth. B1. It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution, or to impede a criminal investigation. C. As used in this section, "identifying information" shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver's license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services. D. Violations of this section shall be punishable as a Class 1
misdemeanor. Any violation resulting in financial loss of E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information. F. Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person. §18.2-187.1. Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability. A. It shall be unlawful for any person knowingly, with the intent to defraud, to obtain or attempt to obtain, for himself or for another, oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service by the use of any false information, or in any case where such service has been disconnected by the supplier and notice of disconnection has been given. B. It shall be unlawful for any person to obtain or attempt to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service by the use of any scheme, device, means or method, or by a false application for service with intent to avoid payment of lawful charges therefor. B1. It shall be unlawful for any person to obtain, or attempt to obtain, electronic communication service as defined in §18.2-190.1 by the use of an unlawful electronic communication device as defined in §18.2-190.1. C. The word "notice" as used in subsection A shall be notice given in writing to the person to whom the service was assigned. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last known address, requiring delivery to the addressee only with return receipt requested, and the actual signing of the receipt for such mail by the addressee, shall be prima facie evidence that such notice was duly received. D. Any person who violates any provisions of this section, if
the value of service, credit or benefit procured is E. Any party providing oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service who is aggrieved by a violation of this section may, in a civil proceeding in any court of competent jurisdiction, seek both injunctive and equitable relief, and an award of damages, including attorney's fees and costs. In addition to any other remedy provided by law, the party aggrieved may recover an award of actual damages or $500 whichever is greater for each action. §18.2-188. Defrauding hotels, motels, campgrounds, boardinghouses, etc. It shall be unlawful for any person, without paying therefor, and with the intent to cheat or defraud the owner or keeper to: 1. Put up at a hotel, motel, campground or boardinghouse; 2. Obtain food from a restaurant or other eating house; 3. Gain entrance to an amusement park; or 4. Without having an express agreement for credit, procure food, entertainment or accommodation from any hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park. It shall be unlawful for any person, with intent to cheat or defraud the owner or keeper out of the pay therefor to obtain credit at a hotel, motel, campground, boardinghouse, restaurant or eating house for food, entertainment or accommodation by means of any false show of baggage or effects brought thereto. It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park for food, entertainment or accommodation through any misrepresentation or false statement. It shall be unlawful for any person, with intent to cheat or defraud, to remove or cause to be removed any baggage or effects from a hotel, motel, campground, boardinghouse, restaurant or eating house while there is a lien existing thereon for the proper charges due from him for fare and board furnished. Any person who violates any provision of this section shall,
if the value of service, credit or benefit procured or obtained is §18.2-195. Credit card fraud; conspiracy; penalties. (1) A person is guilty of credit card fraud when, with intent to defraud any person, he: (a) Uses for the purpose of obtaining money, goods, services or anything else of value a credit card or credit card number obtained or retained in violation of §18.2-192 or a credit card or credit card number which he knows is expired or revoked; (b) Obtains money, goods, services or anything else of value by representing (i) without the consent of the cardholder that he is the holder of a specified card or credit card number or (ii) that he is the holder of a card or credit card number and such card or credit card number has not in fact been issued; (c) Obtains control over a credit card or credit card number as security for debt; or (d) Obtains money from an issuer by use of an unmanned device of the issuer or through a person other than the issuer when he knows that such advance will exceed his available credit with the issuer and any available balances held by the issuer. (2) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or credit card number by the cardholder, or any agent or employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the cardholder, he: (a) Furnishes money, goods, services or anything else of value upon presentation of a credit card or credit card number obtained or retained in violation of §18.2-192, or a credit card or credit card number which he knows is expired or revoked; (b) Fails to furnish money, goods, services or anything else of value which he represents or causes to be represented in writing or by any other means to the issuer that he has furnished; or (c) Remits to an issuer or acquirer a record of a credit card or credit card number transaction which is in excess of the monetary amount authorized by the cardholder. (3) Conviction of credit card fraud is punishable as a Class 1
misdemeanor if the value of all money, goods, services and other things of
value furnished in violation of this section, or if the difference between the
value of all money, goods, services and anything else of value actually
furnished and the value represented to the issuer to have been furnished in
violation of this section, (4) Any person who conspires, confederates or combines with another, (i) either within or without the Commonwealth to commit credit card fraud within the Commonwealth or (ii) within the Commonwealth to commit credit card fraud within or without the Commonwealth, is guilty of a Class 6 felony. §18.2-195.2. Fraudulent application for credit card; penalties. A. A person shall be guilty of a Class 1 misdemeanor if he makes, causes to be made or conspires to make, directly, indirectly or through an agency, any materially false statement in writing concerning the financial condition or means or ability to pay of himself or of any other person for whom he is acting or any firm or corporation in which he is interested or for which he is acting, knowing the statement to be false and intending that it be relied upon for the purpose of procuring a credit card. However, if the statement is made in response to an unrequested written solicitation from the issuer or an agent of the issuer to apply for a credit card, he shall be guilty of a Class 4 misdemeanor. B. A person who knows that a false statement has been made in
writing concerning the financial condition or ability to pay of himself or of
any person for whom he is acting or any firm or corporation in which he is
interested or for which he is acting and who with intent to defraud, procures a
credit card, upon the faith of such false statement, for his own benefit, or
for the benefit of the person, firm or corporation in which he is interested or
for which he is acting, and obtains by use of the credit card, money, property,
services or any thing of value, is guilty of grand larceny if the value of
whatever is obtained is C. As used in this section, "in writing" shall include information transmitted by computer, facsimile, e-mail, Internet, or any other electronic medium, and shall not include information transmitted by any such medium by voice transmission. §18.2-197. Criminally receiving goods and services fraudulently obtained. A person is guilty of criminally receiving goods and services
fraudulently obtained when he receives money, goods, services or anything else
of value obtained in violation of subsection (1) of §18.2-195 with the
knowledge or belief that the same were obtained in violation of subsection (1)
of §18.2-195. Conviction of criminal receipt of goods and services
fraudulently obtained is punishable as a Class 1 misdemeanor if the value of
all money, goods, services and anything else of value, obtained in violation of
this section, §18.2-340.37. Criminal penalties. A. Any person who violates the provisions of this article or who willfully and knowingly files, or causes to be filed, a false application, report or other document or who willfully and knowingly makes a false statement, or causes a false statement to be made, on any application, report or other document required to be filed with or made to the Department shall be guilty of a Class 1 misdemeanor. B. Each day in violation shall constitute a separate offense. C. Any person who converts funds derived from any charitable
gaming to his own or another's use, when the amount of funds is less than §19.2-289. Conviction of petit larceny. In a prosecution for grand larceny, if it be found that the
thing stolen is of less value than §19.2-290. Conviction of petit larceny though thing stolen worth more than $500. In a prosecution for petit larceny, though the thing stolen be
of the value of §19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes. A. Any vehicle knowingly used by the owner thereof or used by
another with his knowledge of and during the commission of, or in an attempt to
commit, a second or subsequent offense of §18.2-346, 18.2-347, 18.2-348, 18.2-349,
18.2-355, 18.2-356 or 18.2-357 or of a similar ordinance of any county, city or
town or knowingly used for the transportation of any stolen goods, chattels or
other property, when the value of such stolen goods, chattels or other property
is B. Any vehicle knowingly used by the owner thereof or used by another with his knowledge of and during the commission of, or in an attempt to commit, a misdemeanor violation of subsection D of §18.2-47 or a felony violation of (i) Article 3 (§18.2-47 et seq.) of Chapter 4 of Title 18.2 or (ii) §18.2-357 where the prostitute is a minor, shall be forfeited to the Commonwealth. The vehicle shall be seized by any law-enforcement officer arresting the operator of such vehicle for the criminal offense, and delivered to the sheriff of the county or city in which the offense occurred. The officer shall take a receipt therefor. C. Forfeiture of such vehicle shall be enforced as is provided in Chapter 22.1 (§19.2-386.1 et seq.). §29.1-553. Selling or offering for sale; penalty. A. Any person who offers for sale, sells, offers to purchase,
or purchases any wild bird or wild animal, or any part thereof, or any
freshwater fish, except as provided by law, shall be guilty of a Class 1
misdemeanor. However, when the aggregate of such sales or purchases or any
combination thereof, by any person totals B. Whether or not criminal charges have been placed, when any property is taken possession of by a conservation police officer for the purpose of being used as evidence of a violation of this section or for confiscation, the conservation police officer making such seizure shall immediately report the seizure to the Attorney for the Commonwealth. C. In any prosecution for a violation of this section, photographs of the wild bird, wild animal, or any freshwater fish, or any part thereof shall be deemed competent evidence of such wild bird, wild animal, or freshwater fish, or part thereof and shall be admissible in any proceeding, hearing, or trial of the case to the same extent as if such wild bird, wild animal, or any freshwater fish, or part thereof had been introduced as evidence. Such photographs shall bear a written description of the wild bird, wild animal, or freshwater fish, or parts thereof, the name of the place where the alleged offense occurred, the date on which the alleged offense occurred, the name of the accused, the name of the arresting officer or investigating officer, the date of the photograph, and the name of the photographer. The photographs shall be identified by the signature of the photographer. D. Any licensed Virginia auctioneer or licensed auction firm that sells, as a legitimate item of an auction sale, wildlife mounts that have undergone the taxidermy process, shall be exempt from the provisions of this section and subdivision A 11 of §29.1-521. |
