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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 §61-3-21. 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
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West Virginia W. Va. Code §61-3-24c. Intercepting or monitoring customer telephone calls
(a) It is unlawful for any person, firm or corporation to intercept or monitor, or to attempt to intercept or monitor, the transmission of a message, signal or other communication
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by telephone between an employee or similar agent of such person, firm or corporation and a customer of such person, firm or corporation unless such person, firm or corporation does all of the following:(1) Notifies each employee or agent subject to interception or monitoring that their telephone messages are subject to interception or monitoring. (2) Provides telephone instruments for employee's personal use which are not subject to intercepting or monitoring. Any person, firm or corporation violating the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned.
$50 - $200 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-24d. Fraudulent schemes; cumulation of amounts where common scheme exists(Grand)
(a) Any person who willfully deprives another of any money, goods, property or services by means of fraudulent pretenses, representations or promises shall be guilty of the larceny thereof. (b) In
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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 as part of a common scheme or plan.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-3-24d. Fraudulent schemes; cumulation of amounts where common scheme exists(Petit)
(a) Any person who willfully deprives another of any money, goods, property or services by means of fraudulent pretenses, representations or promises shall be guilty of the larceny thereof. (b) In
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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 as part of a common scheme or plan.
$0 - $2500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-3-24f. Wrongfully seeking workers' compensation; false testimony or statements
(1) Any person who shall knowingly and with fraudulent intent secure or attempt to secure compensation from the Workers' Compensation Fund, a private carrier or from a self-insured employer:(A) That
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is larger in amount than that to which he or she is entitled; or (B) That is longer in term than that to which he or she is entitled; or (C) To which he or she is not entitled, shall be guilty of a larceny and, if the amount is one thousand dollars or more, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one 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 shall 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 §61-3-24f. Wrongfully seeking workers' compensation; false testimony or statements
(1) Any person who shall knowingly and with fraudulent intent secure or attempt to secure compensation from the Workers' Compensation Fund, a private carrier or from a self-insured employer:(A) That
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is larger in amount than that to which he or she is entitled; or (B) That is longer in term than that to which he or she is entitled; or (C) To which he or she is not entitled, shall be guilty of a larceny and, If the amount is less than one thousand dollars, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed one year or fined an amount not to exceed 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 §61-3-24f. Wrongfully seeking workers' compensation; false testimony or statements
(2) Any person who shall knowingly and willfully make a false report or statement under oath, affidavit, certification or by any other means respecting any information required to be provided
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under chapter twenty-three of this code shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for a definite term of imprisonment which is not less than one year nor more than three years or fined not less than one thousand dollars nor more than ten thousand dollars, or both, in the discretion of the court
$1000 - $10000 Felony No Court no