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State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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West Virginia W. Va. Code §61-3-18. Receiving or transferring stolen goods.(Grand larceny)
If any person buy or receive from another person, or aid in concealing, or transfer to a person other than the owner thereof, any stolen goods or other thing of
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value, which he knows or has reason to believe has been stolen, he shall be deemed guilty of the larceny thereof, and may be prosecuted although the principal offender be not convicted.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-18. Receiving or transferring stolen goods.(Petit larceny)
If any person buy or receive from another person, or aid in concealing, or transfer to a person other than the owner thereof, any stolen goods or other thing of
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value, which he knows or has reason to believe has been stolen, he shall be deemed guilty of the larceny thereof, and may be prosecuted although the principal offender be not convicted.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-20. Embezzlement.(Grand)
If any officer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, or of any banking institution, or other corporation, or any
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officer of public trust in this state, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzles or fraudulently converts to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of the larceny thereof. If such guilty person be an officer, agent, clerk or servant of any banking institution, he shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten years. And it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank note, draft or security for money which is so taken, converted to his own use or embezzled by him. And whenever any officer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any such county, district, school district or municipal corporation, he shall be held to have embezzled the same and be guilty of the larceny thereof. In the prosecution of any such officer, agent, clerk or servant of this state or of any county, district, school district or municipal corporation charged with appropriation or use for his own benefit or the benefit of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any county, district, school district or municipal corporation, it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank notes, drafts, security for money or funds appropriated or used for his own benefit or for the benefit of any other person.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-20. Embezzlement.(Petit)
If any officer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, or of any banking institution, or other corporation, or any
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officer of public trust in this state, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzles or fraudulently converts to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of the larceny thereof. If such guilty person be an officer, agent, clerk or servant of any banking institution, he shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten years. And it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank note, draft or security for money which is so taken, converted to his own use or embezzled by him. And whenever any officer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any such county, district, school district or municipal corporation, he shall be held to have embezzled the same and be guilty of the larceny thereof. In the prosecution of any such officer, agent, clerk or servant of this state or of any county, district, school district or municipal corporation charged with appropriation or use for his own benefit or the benefit of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any county, district, school district or municipal corporation, it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank notes, drafts, security for money or funds appropriated or used for his own benefit or for the benefit of any other person.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-20a. Embezzlement by misuse of power of attorney or other fiduciary relationship(Grand)
Any person who holds a fiduciary power of attorney or who has a fiduciary relationship with a person and in so doing willfully and with intent to defraud embezzles, misappropriates
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or fraudulently converts for his or her own benefit, or for the benefit of another, the assets or property, real or personal, with which he or she has been entrusted, or misuses or misappropriates funds from the person to whom he or she owes a fiduciary duty or misuses any account, line of credit or credit card of the principal for purposes not contemplated by the terms of the power of attorney instrument or fiduciary relationship, or for purposes not intended by the principal in the execution of the power of attorney or for purposes not intended by the fiduciary relationship, shall be held to have embezzled the same and, upon conviction, shall be deemed guilty of the larceny thereof.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-20a. Embezzlement by misuse of power of attorney or other fiduciary relationship(Petit)
Any person who holds a fiduciary power of attorney or who has a fiduciary relationship with a person and in so doing willfully and with intent to defraud embezzles, misappropriates
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or fraudulently converts for his or her own benefit, or for the benefit of another, the assets or property, real or personal, with which he or she has been entrusted, or misuses or misappropriates funds from the person to whom he or she owes a fiduciary duty or misuses any account, line of credit or credit card of the principal for purposes not contemplated by the terms of the power of attorney instrument or fiduciary relationship, or for purposes not intended by the principal in the execution of the power of attorney or for purposes not intended by the fiduciary relationship, shall be held to have embezzled the same and, upon conviction, shall be deemed guilty of the larceny thereof.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-21. Embezzlement by carrier or other person. (Grand)
If any carrier or other person to whom money or other property which may be the subject of larceny may be delivered to be carried for hire, or if any
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other person who may be entrusted with such property, embezzle or fraudulently convert to his own use, or secrete with intent to do so, any such property, either in mass or otherwise, before delivery thereof at the place at which, or to the person to whom, they were to be delivered, he shall be deemed guilty of the larceny thereof.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-21. Embezzlement by carrier or other person. (Petit)
If any carrier or other person to whom money or other property which may be the subject of larceny may be delivered to be carried for hire, or if any
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other person who may be entrusted with such property, embezzle or fraudulently convert to his own use, or secrete with intent to do so, any such property, either in mass or otherwise, before delivery thereof at the place at which, or to the person to whom, they were to be delivered, he shall be deemed guilty of the larceny thereof.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-22a. Possession or use of automated sales suppression devices
(c) It is unlawful to willfully and knowingly sell, purchase, install, transfer or possess in this state any automated sales suppression device or zapper or phantom-ware.(d) Any person convicted of
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a violation of subsection (c) of this section is guilty of a felony and, upon conviction thereof, shall be confined in a correctional institution for not less than one nor more than five years, or fined not less than $10,000 nor more than $100,000, or both confined and fined.
$10000 - $100000 Felony No Court no
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West Virginia W. Va. Code §61-3-22a. Possession or use of automated sales suppression devices
(e) Any person violating subsection (c) of this section is liable for all taxes and penalties due the state as the result of the fraudulent use of an automated sales
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suppression device, zapper or phantom-ware and shall forfeit all profits associated with the sale or use of an automated sales suppression device or phantom-ware.
all taxes and penalties due to the state as a result of the fraudulent use, forfeiture of all profits associated with the
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sale or use of an automated sales suppression device or phantom-ware.
Felony Yes Court no
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West Virginia W. Va. Code §61-3-22a. Possession or use of automated sales suppression devices
(f) An automated sales suppression device or phantom-ware and any cash register or device containing such device or software is contraband and, as such, subject to seizure and destruction by
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any duly authorized law-enforcement agency in the state, including the Criminal Investigation Division of the State Tax Department.
seizure and destruction of the device (as contraband)
Felony No Court no
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West Virginia W. Va. Code §61-3-23. Destroying or concealing will; embezzlement by fiduciary(Grand)
If any person fraudulently destroy or conceal any will or codicil, with intent to prevent the probate thereof, he shall be guilty of a felony, and, upon conviction, be confined
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in the penitentiary not less than one nor more than five years. If any guardian, personal representative, or other fiduciary, shall willfully and knowingly fail to make and return an inventory of any personal property (of which an inventory is required by law to be made) which may come to his hands as such, or willfully and knowingly fail or refuse to produce any such property for appraisement in the manner required by law, or willfully and knowingly conceal or embezzle any such property, he shall be guilty of the larceny thereof; and the failure of any such guardian, personal representative or other fiduciary to account for and pay over or deliver, when directed by the court, as required by law, any money, bullion, bank notes or other property, determined by the proper officer of court to be due and payable, shall be prima facie evidence that such guardian, personal representative or other fiduciary has embezzled the same.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-23. Destroying or concealing will; embezzlement by fiduciary(Petit)
If any person fraudulently destroy or conceal any will or codicil, with intent to prevent the probate thereof, he shall be guilty of a felony, and, upon conviction, be confined
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in the penitentiary not less than one nor more than five years. If any guardian, personal representative, or other fiduciary, shall willfully and knowingly fail to make and return an inventory of any personal property (of which an inventory is required by law to be made) which may come to his hands as such, or willfully and knowingly fail or refuse to produce any such property for appraisement in the manner required by law, or willfully and knowingly conceal or embezzle any such property, he shall be guilty of the larceny thereof; and the failure of any such guardian, personal representative or other fiduciary to account for and pay over or deliver, when directed by the court, as required by law, any money, bullion, bank notes or other property, determined by the proper officer of court to be due and payable, shall be prima facie evidence that such guardian, personal representative or other fiduciary has embezzled the same.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors (Grand)
(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
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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 person is guilty of larceny. If the value of the money, goods or other property is one thousand dollars or more, such person is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and be fined not more than two thousand five hundred dollars.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors (Petit)
(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
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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 person is guilty of larceny. If the value of the money, goods or other property is less than one thousand dollars, such person is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than two thousand five hundred dollars, or both.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors
(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
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forgery, the person is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary 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
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors
(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;
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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 jail not more than one year.
$0 - $2500 Misdemeanor Yes Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors
(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,
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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 not less than one year nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and be fined not more than two thousand five hundred dollars.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors
(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,
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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 less than one thousand dollars, the person, firm or corporation is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than two thousand five hundred dollars, or both, in the discretion of the court.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors
(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
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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.
not more than two times the face value of the check, draft or order
Misdemeanor Yes Court no