Theft of Rental Services 50-State Survey January 2007

A compilation of the statutes found in our 50-state survey concerning “theft of services” and “theft of rental property” follows. We expanded our coverage to include “theft of rental property” laws since the state law examples the American Rental Association was interested in tended to be closer to the “theft of rental property” category of statutes. There are 39 states included in this survey. Of the eleven states not included – Alaska, Florida, Indiana, Iowa, Maryland, Nevada, North Dakota, Oklahoma, Rhode Island, West Virginia, and Wyoming – all had generic “theft of services” laws that did not reference rental property or only referenced rental property and conversion. Nevertheless, all 50-state laws concerning “theft of services or rental property” are included in the zipped version of the laws by state.

Alabama

ALABAMA CODE ANNOTATED TITLE 13A Criminal Code

CHAPTER 8 Offenses Involving Theft Article 7 Theft by Fraudulent Leasing or Rental of Property

§ 13A-8-140. Generally. The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called "lessee", signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called "lessor", and obtains or exerts control over tangible personal property by reason of such rental contract, with the intent, knowledge or expectation that he will not perform the terms, covenants and agreements of the lessee provided in such rental contract. § 13A-8-141. Prima facie evidence of violation. For the purposes of Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if: (1) The name or address of the lessee appearing on the written agreement shall, at the time it is signed, be false or fictitious, and if the lessee fails to return the leased property to the lessor within seven days after lessor makes written demand for its return, notwithstanding that the term under the rental contract has not expired; or

(2) The rental contract provides for the return of the leased property to a particular place, at a particular time, and the lessee shall fail to return the leased property to the place and within the time specified in the said rental contract, and the lessor thereafter makes written demand for the return of the leased property to the place specified in the rental contract within 48 hours from the time the written demand is delivered to the lessee, and the lessee fails to return said property to the lessor within the said 48 hour period; or (3) A lessee obtains or exerts control over personal property by executing a rental contract which provides for the return of said property to a particular place, or at a particular time, and thereafter abandons said property, secretes, converts, sells or attempts to sell the same or any part thereof. § 13A-8-142. Demand for return of leased property. For the purposes of Section 13A-8-141 of this article: (1) A written demand for the return of leased property may be made by personally delivering a copy thereof to the lessee; such demand may also be delivered to a lessee by certified United States mail, directed to lessee at his address shown on the rental contract, and the return receipt shall be deemed sufficient evidence that the demand was received by the lessee, on the date shown on the receipt. (2) The form of notice to be given under subdivision (1) of Section 13A-8-141, shall be sufficient if substantially as follows: "This statutory notice is provided pursuant to section ____________________ of the Code of Alabama. You are hereby notified that the name or address given by you, as lessee, and appearing on the rental contract dated ____________________, wherein _________________ is the lessor, was fictitious or false. Pursuant to Alabama law you have seven (7) days from receipt of this demand to return the property rented or leased under the said rental contract to the lessor at the place designated in the rental contract, and to pay all accrued lease or rental charges. Unless the said property is so returned, and accrued rental charges paid, all as provided by the said rental contract, within the time specified above, the lessor may assume that you leased the said property with intent, knowledge or expectation that you, as the lessee would not perform the terms, covenants and agreements appearing in the said rental contract at the time you executed the same, and, therefore that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution." (3) The form of notice to be given under subdivision (2) of Section 13A-8-141 above, shall be sufficient if substantially as follows: "This statutory notice is provided pursuant to section ____________________ of the Code of Alabama. You are hereby notified that you have failed to return that certain personal property leased by you under a written rental contract dated _________________, wherein _________________ is the lessor, to the particular place or at the particular time provided by the said rental contract. Pursuant to Alabama law, you have forty-eight (48) hours from the receipt of this demand to return the leased property to the lessor at the address specified in the rental contract. Unless the said property is returned to the lessor at the address specified in the rental contract within the time specified above, the lessor may assume that at the time you entered into the said rental contract you intended, knew or expected that you would not perform the terms, covenants and agreements of the lessee thereunder, and that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution." § 13A-8-143. Immunity. Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and for proceeding under the forms of such notice.

§ 13A-8-144. Classification of offenses. The crime of theft by fraudulent leasing or rental of property shall be a Class A misdemeanor if the subject matter of the lease or rental agreement had a value of five hundred dollars ($500) or less; if the value of such property was in excess of five hundred dollars ($500), the crime shall be a Class C felony.

Arkansas

ARKANSAS CODE OF 1987 ANNOTATED TITLE 5. CRIMINAL OFFENSES

SUBTITLE 4. OFFENSES AGAINST PROPERTY CHAPTER 36. THEFT

SUBCHAPTER 1. GENERAL PROVISIONS § 5-36-115. Theft of leased, rented, or entrusted personal property -- False report of wealth or credit (a) A person is guilty of theft and subject to a punishment prescribed by § 5-36-103 if the person: (1) Intentionally, fraudulently, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or (2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person. (b) The amount involved in the theft is deemed to be the highest value by any reasonable standard of the property or service that the person stole or attempted to steal. (c) It is prima facie evidence of intent to commit theft if a person who has leased or rented the personal property of another person: (1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to its owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or (2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item. (d) Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. (e) The following factors constitute an affirmative defense to prosecution for theft: (1) That the lessee accurately stated his or her name and address at the time of rental; (2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful; (3) That the lessee failed to receive the lessor's notice personally unless notice was waived; and (4) That the lessee returned the personal property to the owner or lessor within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

Arizona

ARIZONA REVISED STATUTES TITLE 13. CRIMINAL CODE

CHAPTER 18. THEFT § 13-1806. Unlawful failure to return rented or leased property; notice; classification A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for return in the rental agreement. B. If the property is not leased on a periodic tenancy basis, the person who rents out the property shall include the following information, clearly written as part of the terms of the rental agreement: 1. The date and time the property is required to be returned. 2. The maximum penalties if the property is not returned within seventy-two hours of the date and time listed in paragraph 1. C. If the property is leased on a periodic tenancy basis without a fixed expiration or return date the lessor shall include within the lease clear written notice that the lessee is required to return the property within seventy-two hours from the date and time of the failure to pay any periodic lease payment required by the lease. D. It is a defense to prosecution under this section that the defendant was physically incapacitated and unable to request or obtain permission of the lessor to retain the property or that the property itself was in such a condition, through no fault of the defendant, that it could not be returned to the lessor within such time. E. Unlawful failure to return rented or leased property is a class 1 misdemeanor.

California

DEERING'S CALIFORNIA CODES ANNOTATED PENAL CODE

Part 1. Crimes and Punishments Title 13. Crimes Against Property

Chapter 5. Larceny § 484. What constitutes theft; Determination of value of property; Presumptions … (b) (1) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented. (2) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no

greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented. (c) Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required. (d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence. (e) Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply.

Colorado

COLORADO REVISED STATUTES TITLE 18. CRIMINAL CODE

ARTICLE 4. OFFENSES AGAINST PROPERTY PART 4. THEFT

18-4-402. Theft of rental property (1) A person commits theft of rental property if he: (a) Obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or (b) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two hours after the time at which he agreed to return it. (2) Theft of rental property is a class 3 misdemeanor where the value of the property involved is less than one hundred dollars. (3) Theft of rental property is a class 2 misdemeanor where the value of the property involved is one hundred dollars or more and is less than five hundred dollars. (4) Theft of rental property is a class 5 felony where the value of the property involved is five hundred dollars or more but less than fifteen thousand dollars. (5) Theft of rental property is a class 3 felony where the value of the property involved is fifteen thousand dollars or more. (6) When a person commits theft of rental property twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the property involved is five hundred dollars or more but less than fifteen thousand dollars, it is a class 5 felony;

however, if the aggregate value of the property involved is fifteen thousand dollars or more, it is a class 3 felony.

Connecticut

CONNECTICUT GENERAL ASSEMBLY - JANUARY SESSION, 2006

PUBLIC ACT NO. 06-118 SUBSTITUTE HOUSE BILL NO. 5611

SYNOPSIS: AN ACT CONCERNING THE FAILURE TO RETURN RENTAL PROPERTY. NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A] [D> Text within these symbols is deleted <D] Be it enacted by the Senate and House of Representatives in General Assembly convened: [*1] Section 1. Section 53a-126b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006): (a) A person is guilty of criminal trover in the second degree when, knowing that [D> he <D] [A> SUCH PERSON <A] is not licensed or privileged to do so, [D> he <D] [A> SUCH PERSON <A] uses the personal property of another without the consent of such owner, and such use results in damage to or diminishes the value of such property or subjects such owner to economic loss, fine or other penalty. [A> (B) FOR THE PURPOSES OF THIS SECTION, "ECONOMIC LOSS" INCLUDES UNCOMPENSATED ECONOMIC LOSS THAT EXCEEDS FIVE HUNDRED DOLLARS SUFFERED BY AN OWNER OF PERSONAL PROPERTY WHO IS ENGAGED IN THE BUSINESS OF RENTING OR LEASING PERSONAL PROPERTY WHEN A PERSON TO WHOM SUCH OWNER HAS RENTED OR LEASED SUCH PROPERTY PURSUANT TO A WRITTEN AGREEMENT PROVIDING FOR THE RETURN OF SUCH PROPERTY AT A SPECIFIED TIME FAILS TO RETURN SUCH PROPERTY WITHIN ONE HUNDRED TWENTY HOURS AFTER THE OWNER SENDS A WRITTEN DEMAND TO SUCH PERSON FOR THE RETURN OF SUCH PROPERTY BY REGISTERED MAIL ADDRESSED TO SUCH PERSON AT SUCH PERSON'S ADDRESS AS SHOWN IN THE WRITTEN AGREEMENT, UNLESS A MORE RECENT ADDRESS IS KNOWN TO THE OWNER. ACKNOWLEDGMENT OF THE RECEIPT OF SUCH WRITTEN DEMAND BY SUCH PERSON SHALL NOT BE NECESSARY TO ESTABLISH THAT ONE HUNDRED TWENTY HOURS HAVE PASSED SINCE SUCH WRITTEN DEMAND WAS SENT. THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO PERSONAL PROPERTY THAT IS RENTED OR LEASED (1) FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, OR (2) PURSUANT TO CHAPTER 743I. <A] [D> (b) <D] [A> (C) <A] Criminal trover in the second degree is a class A misdemeanor. [*2] Sec. 2. Subdivision (13) of section 53a-119 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006): (13) Conversion of leased property. (A) A person is guilty of conversion of leased personal property who, with the intent of converting the same to his own use or that of a third person, after renting or leasing such property under an agreement in writing which provides for the return of such property to a particular place at a particular time, sells, conveys, conceals or aids in concealing such property or any part thereof, and who thereafter fails to return such property to the agreed place or to any other place of business of the lessor within one hundred ninety-two hours after the lessor shall have sent a written demand to him for the return of the property by

registered or certified mail addressed to him at his address as shown in the written agreement, unless a more recent address is known to the lessor. [A> ACKNOWLEDGMENT OF THE RECEIPT OF SUCH WRITTEN DEMAND BY THE LESSEE SHALL NOT BE NECESSARY TO ESTABLISH THAT ONE HUNDRED NINETY-TWO HOURS HAVE PASSED SINCE SUCH WRITTEN DEMAND WAS SENT. <A] (B) Any person, being in possession of personal property other than wearing apparel, received upon a written lease, who, with intent to defraud, sells, conveys, conceals or aids in concealing such property, or any part thereof, shall be prima facie presumed to have done so with the intention of converting such property to his own use. (C) A person who uses a false or fictitious name or address in obtaining such leased personal property shall be prima facie presumed to have obtained such leased personal property with the intent of converting the same to his own use or that of a third person. (D) "Leased personal property", as used in this subdivision, means any personal property received pursuant to a written contract, by which one owning such property, the lessor, grants to another, the lessee, the right to possess, use and enjoy such personal property for a specified period of time for a specified sum [A> , BUT DOES NOT INCLUDE PERSONAL PROPERTY THAT IS RENTED OR LEASED PURSUANT TO CHAPTER 743I <A] .

Delaware

DELAWARE CODE ANNOTATED

TITLE 11. CRIMES AND CRIMINAL PROCEDURE PART I. DELAWARE CRIMINAL CODE

CHAPTER 5. SPECIFIC OFFENSES SUBCHAPTER III. OFFENSES INVOLVING PROPERTY

SUBPART D. THEFT AND RELATED OFFENSES § 849. Theft of rented property; class A misdemeanor or class G felony (a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. For purposes of this section, "property" shall include the use of vehicles or other movable property. (b) If the finder of fact shall find: (1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentor's agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or (2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or (3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items, then the finder of fact shall be permitted, but not required, to presume intent to commit theft. (c) As used in subsection (b) of this section, "proper notice" shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at: (1) The address the rentee gave when the rental contract was made; or

(2) The rentee's last known address if later furnished in writing by the rentee or the rentee's agent. (d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in the theft. (e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft, that the rentee: (1) Accurately stated the rentee's name, address and other material items of identification at the time of the rental; (2) Failed to receive the rentor's notice personally due in no significant part to the fault of the rentee; and (3) Returned the personal property to the rentor or the rentor's agent within 48 hours of the commencement of the prosecution, together with any charges for the overdue period and the value of damages (if any) to the property. Theft of rented property is a class A misdemeanor, unless the value of the property is $ 1,000 or more, in which case it is a class G felony.

Georgia

OFFICIAL CODE OF GEORGIA ANNOTATED TITLE 16. CRIMES AND OFFENSES

CHAPTER 8. OFFENSES INVOLVING THEFT ARTICLE 1. THEFT

§ 16-8-5. Theft of services A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation. § 16-8-5.1. Circumstances permitting inference of intent to avoid payment; exceptions The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly: (1) Used false identification; (2) Provided false information on a written contract; (3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee; (4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner; (5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or

(6) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

Hawaii

HAWAII REVISED STATUTES ANNOTATED DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS

TITLE 37 Hawaii Penal Code CHAPTER 708 Offenses Against Property Rights

PART IV. Theft and Related Offenses

[§ 708-837.5.] Failure to return leased or rented personal property; penalty. A person commits the offense of failure to return leased or rented personal property other than a rental motor vehicle, when he knowingly or intentionally does not return the leased or rented personal property to the person, or his agent, from whom the personal property was leased or rented within fourteen days after the return date stated in the lease or rental contract, unless the person leasing or renting the personal property gives notice that he will not be able to return the leased or rented personal property by the date stated and with the permission of the owner of the property or his agent extends the date by which the personal property will be returned. Failure to return leased or rented personal property is a petty misdemeanor.

Idaho

IDAHO CODE STATUTES ANNOTATED PENAL CODE

TITLE 18. CRIMES AND PUNISHMENTS CHAPTER 24. THEFT

§ 18-2404. Prima facie evidence -- Theft by lessee It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument: (1) Fails or refuses to return such personal property to its owner after the lease or rental agreement has expired: (a) Within ten (10) days; and (b) Within forty-eight (48) hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement; or (2) When the lease or rent of such personal property is obtained by presentation of identification to the lessor or renter thereof which is false, fictitious, or knowingly not current to name, address, place of employment, or other identification.

Illinois

ILLINOIS COMPILED STATUTES ANNOTATED CHAPTER 720. CRIMINAL OFFENSES

CRIMINAL CODE CRIMINAL CODE OF 1961

TITLE III. SPECIFIC OFFENSES PART C. OFFENSES DIRECTED AGAINST PROPERTY

ARTICLE 16. THEFT AND RELATED OFFENSES § 720 ILCS 5/16-1.1. Theft by lessee; prima facie evidence Sec. 16-1.1. Theft by lessee; prima facie evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand. § 720 ILCS 5/16-3. [Theft of use of property, labor or services available only for hire; theft of rented or leased motor vehicle] Sec. 16-3. (a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services. (b) A person commits theft when after renting or leasing a motor vehicle, obtaining a motor vehicle through a "driveaway" service mode of transportation or renting or leasing any other type of personal property exceeding $ 500 in value, under an agreement in writing which provides for the return of the vehicle or other personal property to a particular place at a particular time, he without good cause wilfully fails to return the vehicle or other personal property to that place within the time specified, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return such vehicle or other personal property within 3 days from the mailing of the written demand, and who without good cause wilfully fails to return the vehicle or any other personal property to any place of business of the lessor within such period. (c) Sentence. A person convicted of theft under subsection (a) of this Section is guilty of a Class A misdemeanor. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony.

Kansas

KANSAS ANNOTATED STATUTES

CHAPTER 21. CRIMES AND PUNISHMENTS ARTICLE 37. CRIMES AGAINST PROPERTY

21-3702. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property. (a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof: (1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property;

(2) the failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section; (3) destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property; or (4) destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property. (b) In any prosecution for a misdemeanor under K.S.A. 21-3701 and amendments thereto in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section. (c) The word "notice" as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person's last known address.

Kentucky

KENTUCKY REVISED STATUTES ANNOTATED TITLE XL Crimes and Punishments

CHAPTER 434 Offenses Against Property by Fraud 434.225. Removal, transfer, or abandonment of rented or leased personal property - Attempt to defraud lessor. (1) As used in this section the following words shall have the following meanings: (a) "Person" means an individual, partnership, association or corporation; (b) "Address" means the place at which the rented or leased personal property is located; (c) "Personal property" means household furnishings and appliances. (2) A person who rents or leases personal property under an agreement to relinquish possession of such property to the lessor at the expiration of the lease or rental period, shall not, prior to the expiration of such period, remove the personal property to any other address and relinquish custody of such property without first giving the lessor at least ten (10) days' written notice, delivered in person or by certified mail with a return receipt requested. (3) Removing the personal property, or any part thereof, to a new or different location and relinquishing custody of such property, or permitting another person, not a party to the lease agreement, to take possession of the personal property, or any part thereof, or moving from the address and abandoning the personal property shall constitute prima facie evidence of the lessee's intention to defraud the lessor.

(4) Any lease under subsection (2) of this section shall recite verbatim subsections (1), (2), (3), and (4) of this section. (5) Failure of lessor to comply with subsection (4) of this section shall void lessor's relief herein. (6) Any person described in subsection (2) of this section who attempts to defraud a lessor of leased personal property shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), or imprisoned for thirty (30) days, or both.

Louisiana

LOUISIANA REVISED STATUTES TITLE 14. CRIMINAL LAW

CHAPTER 1. CRIMINAL CODE PART 3. OFFENSES AGAINST PROPERTY

SUBPART C. BY MISAPPROPRIATION WITHOUT VIOLENCE

§ 14:220.1. Leased movables; obtaining by false representation; failure to return or surrender; penalties; restitution A. No person leasing a movable shall obtain or retain possession of the movable by: (1) Making a false statement or false representation of a material fact, where such false statement or false representation is made with the intent to obtain or retain possession of the movable; or (2) Intentionally failing to return or surrender the movable when obligated under the terms of the lease, or after the expiration or cancellation of the lease. The lessee's failure to return or surrender the movable within fifteen calendar days or the number of days for which the movable was leased, whichever is less, after the date written notice requesting return or surrender of the movable was delivered or tendered to the lessee's last known address shall be presumptive evidence that the failure to return or surrender the movable was intentional. In order for the presumption to arise, the written notice must be sent by the lessor or the district attorney by means of registered or certified mail. B. (1) Whoever violates the provisions of this Section when the value of the leased movable is less than one thousand dollars shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. (2) Whoever violates the provisions of this Section when the value of the leased movable is one thousand dollars or more shall be fined not more than two thousand dollars or imprisoned with or without hard labor for not more than two years, or both. C. When a defendant is convicted of violating Paragraph A(2) and the notice requirements of Paragraph A(2) are complied with, a court shall order, in addition to or in lieu of the penalty in Subsection B, upon proof established by a preponderance of the evidence, that defendant pay restitution to the victim for all acknowledged appropriate fees assessed for intentional failure to return or surrender the leased movable after the agreed rental period or lease term or in the amount of lost profit resulting from the defendant's failure to return or surrender the movable as stated under the terms of the lease, or after the expiration or cancellation of the lease. The court may permit the prosecuting attorney to present evidence of the amount of the victim's lost profits either at the trial of the matter or at the sentencing of the defendant. D. The offender's failure to return or surrender a video cassette film or tape that has been rented from a facility which rents video cassette films or tapes within thirty calendar days after notice to make such return or surrender has been sent by certified mail to the offender's last known address shall be presumptive evidence of his intent to defraud and the lessor may report to any law enforcement agency that the rented video cassette film or tape has been stolen.

LOUISIANA 2006 REGULAR LEGISLATIVE SESSION

HOUSE BILL 12

Enacted VERSION-DATE: June 2, 2006

AN ACT

To amend and reenact R.S. 14:220.1(B), relative to leased movables; to increase the penalty for failure to return a leased movable in certain circumstances; and to provide for related matters. NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A] TEXT: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:220.1(B) is hereby amended and reenacted to read as follows: Section 220.1. Leased movables; obtaining by false representation; failure to return or surrender; penalties; restitution * * * B. [A> (1) <A] Whoever violates the provisions of this Section [A> WHEN THE VALUE OF THE LEASED MOVABLE IS LESS THAN ONE THOUSAND DOLLARS <A] shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. [A> (2) WHOEVER VIOLATES THE PROVISIONS OF THIS SECTION WHEN THE VALUE OF THE LEASED MOVABLE IS ONE THOUSAND DOLLARS OR MORE SHALL BE FINED NOT MORE THAN TWO THOUSAND DOLLARS OR IMPRISONED WITH OR WITHOUT HARD LABOR FOR NOT MORE THAN TWO YEARS, OR BOTH. <A] * * * Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.

Maine

Maine Revised Statutes Annotated by LexisNexis(R) TITLE 17-A. MAINE CRIMINAL CODE

PART 2. SUBSTANTIVE OFFENSES CHAPTER 15. THEFT

§ 360. Unauthorized use of property 1. A person is guilty of theft if: … C. Having custody of property pursuant to a rental or lease agreement with the owner of the property or a borrower's agreement with a library or museum whereby the property is to be returned to the owner at a specified time and place, the person knowingly fails to comply with the agreed terms concerning return of

such property without the consent of the owner, for so lengthy a period beyond the specified time for return as to render the retention or possession or other failure to return a gross deviation from the agreement. For purposes of this paragraph, proof that the person fails to return the property within 5 days of receiving a written demand from the owner, mailed by certified or registered mail or delivered by hand after the expiration of the rental period to the most current address known to the owner, gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 of a gross deviation from the agreement. Violation of this paragraph is a Class D crime; or D. The person violates paragraph C and the person has 2 prior Maine convictions for any combination of the following: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime. 2. As used in this section, "vehicle" means any automobile, airplane, motorcycle, motorboat, snowmobile, any other motor-propelled means of transportation, or any boat or vessel propelled by sail, oar or paddle. 3. It is a defense to a prosecution under this section that the person reasonably believed that the owner would have consented to the person's conduct had the owner known of it. 4. REPEALED. Laws 2003, c. 510, § C-5, eff. Jan. 11, 2004.

Massachusetts

ANNOTATED LAWS OF MASSACHUSETTS

PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES TITLE I CRIMES AND PUNISHMENTS

Chapter 266 Crimes Against Property § 87. Concealing or Selling Leased or Rented Personalty. Any person leasing or renting personal property who, with the intent to place such property beyond the control of the owner, conceals or aids or abets the concealment of such property or any part thereof, or fails or refuses to return such property to the owner within ten days after expiration of the lease or rental agreement, or sells, conveys or pledges such property or any part thereof without the written consent of the owner, shall be guilty of larceny of leased or rented personal property. Any person convicted of larceny of leased or rented personal property shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. A person found guilty of violating this section shall, in all cases upon conviction in addition to any other punishment, be ordered to make restitution to the owner for any financial loss. It shall be prima facie evidence of intent to place such property beyond the control of the owner when a person in obtaining such property presents identification or information which is materially false, fictitious, misleading or not current with respect to such person's name, address, place of employment or any other material matter or fails to return such property to the owner or his representative within ten days after proper notice to return such property. For purposes of this section proper notice shall be actual notice or a written demand sent by certified or registered mail to such person at the address given at the time of making the lease or rental agreement. It shall be a defense to prosecution for conversion of leased or rented property that the defendant was unaware the property belonged to another or that he had a right to acquire or dispose of the property as he did.

Michigan

MICHIGAN COMPILED LAWS SERVICE CHAPTER 750 MICHIGAN PENAL CODE

THE MICHIGAN PENAL CODE CHAPTER LII. LARCENY

§ 750.362a. Larceny; rented motor vehicle, trailer or other tangible property; penalty. Sec. 362a. (1) A person to whom a motor vehicle, trailer, or other tangible property is delivered on a rental or lease basis under a written agreement providing for its return to a particular place at a particular time who with intent to defraud the lessor refuses or willfully neglects to return the vehicle, trailer, or other tangible property after expiration of the time stated in a written notice mailed by registered or certified mail addressed to that person's last known address is guilty of larceny, punishable as provided in this section. (2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine: (a) The vehicle, trailer, or other tangible property has a value of $20,000.00 or more. (b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5). (3) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine: (a) The vehicle, trailer, or other tangible property has a value of $1,000.00 or more but less than $20,000.00. (b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5). (4) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine: (a) The vehicle, trailer, or other tangible property has a value of $200.00 or more but less than $1,000.00. (b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section. (5) If the vehicle, trailer, or other tangible property has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine. (6) The values of property not returned in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property not returned. (7) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following: (a) A copy of the judgment of conviction. (b) A transcript of a prior trial, plea-taking, or sentencing. (c) Information contained in a presentence report. (d) The defendant's statement. (8) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

Minnesota

MINNESOTA ANNOTATED STATUTES Crimes, Criminals

CHAPTER 609 CRIMINAL CODE THEFT AND RELATED CRIMES

Minn. Stat. § 609.52 (2005)

609.52 Theft … Subd. 2. Acts constituting theft. Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:… … (9) leases or rents personal property under a written instrument and who: (i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or (ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or (iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or (iv) returns the property to the lessor at the end of the lease or rental term, plus agreed upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed upon charges. For the purposes of items (iii) and (iv), the value of the property must be at least $ 100. Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or … Subd. 3. Sentence. Whoever commits theft may be sentenced as follows: (1) to imprisonment for not more than 20 years or to payment of a fine of not more than $ 100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $ 35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16); or (2) to imprisonment for not more than ten years or to payment of a fine of not more than $ 20,000, or both, if the value of the property or services stolen exceeds $ 2,500, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in schedule I or II pursuant to section 152.02 with the exception of marijuana; or (3) to imprisonment for not more than five years or to payment of a fine of not more than $ 10,000, or both, if: (a) the value of the property or services stolen is more than $ 500 but not more than $ 2,500; or

(b) the property stolen was a controlled substance listed in schedule III, IV, or V pursuant to section 152.02; or (c) the value of the property or services stolen is more than $ 250 but not more than $ 500 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or (d) the value of the property or services stolen is not more than $ 500, and any of the following circumstances exist: (i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or (ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or (iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or (iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or (v) the property stolen is a motor vehicle; or (4) to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both, if the value of the property or services stolen is more than $ 250 but not more than $ 500; or (5) in all other cases where the value of the property or services stolen is $ 250 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $ 1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), and (13), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph. …

Mississippi

MISSISSIPPI CODE of 1972 ANNOTATED TITLE 97. CRIMES

CHAPTER 17. CRIMES AGAINST PROPERTY IN GENERAL

§ 97-17-64. Larceny; under lease or rental agreement (1) A person who obtains personal property of another under a lease or rental agreement is guilty of theft if he exercises unlawful or unauthorized control over the property with purpose to deprive the owner thereof. As used in this section, the word "deprive" means to withhold property of another permanently or for so extended a period that a significant portion of its economic value, or the use or benefit thereof, is lost to the owner; or to withhold the property with intent to restore it to the owner only upon payment of a

reward or other compensation; or to conceal, abandon or dispose of the property so as to make it unlikely that the owner will recover it; or to sell, give, pledge, or otherwise transfer any interest in the property. (2) It shall be prima facie evidence of purpose to deprive when a person: (a) In obtaining such property presents identification or information which is materially false, fictitious, misleading or not current, with respect to such person's name, address, place of employment, or any other material matter; or (b) Fails to return such property to the owner or his representative within ten (10) days after proper notice following the expiration of the term for which such person's use, possession or control of the property is authorized; or (c) Fails to contact the owner or his representative to make arrangements to return such property within ten (10) days after proper notice following the expiration of the term for which such person's use, possession or control of such property is authorized. (3) For the purpose of this section, "proper notice" means either actual notification as may be otherwise proven beyond a reasonable doubt or a written demand for return of the property mailed to the defendant, which satisfies the following procedure: (a) The written demand must be mailed to the defendant by certified or registered mail with return receipt attached, which return receipt by its terms must be signed by the defendant personally and not by his representative; (b) The written demand must be mailed to the defendant at either the address given at the time he obtained the property or the defendant's last known address if later furnished in writing by the defendant to the owner or his representative; and (c) The return receipt bearing the defendant's signature must be returned to the owner or his representative. (4) It shall be an affirmative defense to prosecution under this section that: (a) The defendant was unaware that the property was that of another; or (b) The defendant acted under an honest claim of right to the property involved or that he had a right to acquire or dispose of it as he did; or (c) The defendant was physically incapacitated and unable to request or obtain permission of the owner to retain the property; or (d) The property was in such a condition, through no fault of the defendant, that it could not be returned within the requisite time after receipt of proper notice. (5) Any person convicted of the offense of theft under this section shall be: (a) Guilty of a misdemeanor when the value of the personal property is less than Two Hundred Fifty Dollars ($ 250.00) and punished by a fine of not more than Two Hundred Fifty Dollars ($ 250.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment; or (b) Guilty of a felony when the value of the personal property is Two Hundred Fifty Dollars ($ 250.00) or more and punished by a fine of not more than One Thousand Dollars ($ 1,000.00), or by imprisonment in the State Penitentiary for a term of not more than three (3) years, or by both such fine and imprisonment.

Missouri

MISSOURI ANNOTATED STATUTES TITLE 38. CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS (Chs.

556-600) CHAPTER 578. MISCELLANEOUS OFFENSES

§ 578.150. Failure to return rented personal property -- prima facie evidence, when -- law enforcement procedure -- penalty -- venue -- notice, contents -- exception 1. A person commits the crime of failing to return leased or rented property if, with the intent to deprive the owner thereof, he purposefully fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property. In addition, any person who has leased or rented personal property of another who conceals the property from the owner, or who otherwise sells, pawns, loans, abandons or gives away the leased or rented property is guilty of the crime of failing to return leased or rented property. The provisions of this section shall apply to all forms of leasing and rental agreements, including, but not limited to, contracts which provide the consumer options to buy the leased or rented personal property, lease-purchase agreements and rent-to-own contracts. For the purpose of determining if a violation of this section has occurred, leasing contracts which provide options to buy the merchandise are owned by the owner of the property until such time as the owner endorses the sale and transfer of ownership of the leased property to the lessee. 2. It shall be prima facie evidence of the crime of failing to return leased or rented property when a person who has leased or rented personal property of another willfully fails to return or make arrangements acceptable with the lessor to return the personal property to its owner at the owner's place of business within ten days after proper notice following the expiration of the lease or rental agreement, except that if the motor vehicle has not been returned within seventy-two hours after the expiration of the lease or rental agreement, such failure to return the motor vehicle shall be prima facie evidence of the intent of the crime of failing to return leased or rented property. Where the leased or rented property is a motor vehicle, if the motor vehicle has not been returned within seventy-two hours after the expiration of the lease or rental agreement, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle, and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles. Any law enforcement officer which stops such a motor vehicle may seize the motor vehicle and notify the lessor that he may recover such motor vehicle after it is photographed and its vehicle identification number is recorded for evidentiary purposes. Where the leased or rented property is not a motor vehicle, if such property has not been returned within the ten-day period prescribed in this subsection, the owner of the property shall report the failure to return the property to the local law enforcement agency, and such law enforcement agency may within five days notify the person who leased or rented the property that such person is in violation of this section, and that failure to immediately return the property may subject such person to arrest for the violation. 3. This section shall not apply if such personal property is a vehicle and such return is made more difficult or expensive by a defect in such vehicle which renders such vehicle inoperable, if the lessee shall notify the lessor of the location of such vehicle and such defect before the expiration of the lease or rental agreement, or within ten days after proper notice. 4. Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. The notice shall contain a statement that the failure to return the property may subject the lessee to criminal prosecution. 5. Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner shall be guilty of property damage pursuant to section 569.100 or 569.120, RSMo, in addition to being in violation of this section.

6. Venue shall lie in the county where the personal property was originally rented or leased. 7. Failure to return leased or rented property is a class A misdemeanor unless the property involved has a value of five hundred dollars or more, in which case failing to return leased or rented property is a class C felony.

Montana

Montana Code Annotated TITLE 45 CRIMES

CHAPTER 6 OFFENSES AGAINST PROPERTY PART 3 THEFT AND RELATED OFFENSES

45-6-301 Theft. (1) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property. (2) A person commits the offense of theft when the person purposely or knowingly obtains by threat or deception control over property of the owner and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property. (3) A person commits the offense of theft when the person purposely or knowingly obtains control over stolen property knowing the property to have been stolen by another and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property. (4) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over any part of any public assistance provided under Title 52 or 53 by a state or county agency, regardless of the original source of assistance, by means of: (a) a knowingly false statement, representation, or impersonation; or (b) a fraudulent scheme or device.

(5) A person commits the offense of theft when the person purposely or knowingly obtains or exerts or helps another obtain or exert unauthorized control over any part of any benefits provided under Title 39, chapter 71, by means of: (a) a knowingly false statement, representation, or impersonation; or (b) deception or other fraudulent action. (6) (a) A person commits the offense of theft when the person purposely or knowingly commits insurance fraud as provided in 33-1-1202 or 33-1-1302; (b) purposely or knowingly diverts or misappropriates insurance premiums as provided in 33-17-1102; or (c) purposely or knowingly receives small business health insurance premium incentive payments or premium assistance payments or tax credits under Title 33, chapter 22, part 20, to which the person is not entitled. (7) A person commits the offense of theft of property by embezzlement when, with the purpose to deprive the owner of the property, the person: (a) purposely or knowingly obtains or exerts unauthorized control over property of the person's employer or over property entrusted to the person; or (b) purposely or knowingly obtains by deception control over property of the person's employer or over property entrusted to the person. (8) (a) Except as provided in subsection (8)(b), a person convicted of the offense of theft of property not exceeding $ 1,000 in value shall be fined an amount not to exceed $ 1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a second offense shall be fined $ 1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be fined $ 1,000 and be imprisoned in the county jail for a term of not less than 30 days or more than 6 months. (b) Except as provided in subsection (8)(c), a person convicted of the offense of theft of property exceeding $ 1,000 in value, theft of any commonly domesticated hoofed animal, or theft of any amount of anhydrous ammonia for the purpose of manufacturing dangerous drugs shall be fined an amount not to exceed $ 50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both. (c) A person convicted of the offense of theft of property exceeding $ 10,000 in value by embezzlement shall be imprisoned in a state prison for a term of not less than 1 year or more than 10 years and may be fined an amount not to exceed $ 50,000. The court may, in its discretion, place the person on probation with the requirement that restitution be made under terms set by the court. If the terms are not met, the required prison term may be ordered. (9) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property. 45-6-305 Theft of labor or services or use of property. (1) A person commits the offense of theft when he obtains the temporary use of property, labor, or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor, or services.

(2) A person convicted of theft of labor or services or use of property shall be fined not to exceed $ 500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. 45-6-309 Failure to return rented or leased personal property. (1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement. (2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense. (3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense. (4) (a) A person convicted of failure to return rented or leased personal property not exceeding $ 1,000 in value shall be fined not to exceed $ 1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. (b) A person convicted of failure to return rented or leased personal property exceeding $ 1,000 in value shall be imprisoned in the state prison for a term not to exceed 10 years.

Nebraska

NEBRASKA REVISED STATUTES ANNOTATED CHAPTER 28. CRIMES AND PUNISHMENTS

ARTICLE 5. OFFENSES AGAINST PROPERTY § 28-511. Theft by unlawful taking or disposition (1) A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof. (2) A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent to benefit himself or herself or another not entitled thereto. (3) Except as provided in subsection (4) of this section, it shall be presumed that a lessee's failure to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement is done with intent to deprive if such lessee has been mailed notice by certified mail that such lease or rental agreement has expired and he or she has failed within ten days after such notice to return such property. (4) A person is guilty of theft if he or she (a) rents or leases a motor vehicle under a written lease or rental agreement specifying the time and place for the return of the vehicle and fails to return the vehicle within seventy-two hours of written demand for return of the vehicle made upon him or her by certified mail to the address given by him or her for such purpose or (b) uses a fraudulent or stolen credit card to rent or lease a vehicle. Nothing in this subsection shall apply to any person who (i) through inadvertence, mistake, act of God, or other natural occurrence has unintentionally failed to return a rented motor vehicle or to inform the owner of the location of the vehicle or (ii) has had a rented motor vehicle stolen or otherwise converted from his or her possession and has filed the appropriate report with law enforcement authorities.

New Hampshire

NEW HAMPSHIRE REVISED STATUTES ANNOTATED

TITLE LXII Criminal Code CHAPTER 637 Theft

637:8 Theft of Services. I. A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor. "Deception" has the same meaning as in RSA 637:4, II, and "threat" the same meaning as in RSA 637:5, II. II. A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto. III. As used in this section, "services" includes, but is not necessarily limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam, admission to entertainment, exhibitions, sporting events or other events for which a charge is made. IV. This section shall not apply to the attachment of private equipment to residential telephone lines unless the telephone company can prove that the attached equipment will cause direct harm to the telephone system. Attached equipment which is registered with the public utilities commission shall not require a protective interconnecting device. If the telephone company cites this section in its directories or other customer informational material, said company shall duplicate the entire section verbatim therein. 637:9 Unauthorized Use of Propelled Vehicle or Rented Property. I. A person is guilty of theft if: (a) Having custody of a propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or (b) Having custody of a propelled vehicle pursuant to a rental or lease agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time and place, he abandons the vehicle or willfully refuses or neglects to redeliver it to the owner in such manner as he may have agreed; or (c) Having custody of any property pursuant to a rental or lease agreement whereby such property is to be returned in a specified manner, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement. II. [Repealed.] III. As used in this section, "propelled vehicle" means any automobile, airplane, motorcycle, motorboat or any other motor-propelled vehicle or vessel, or any boat or vessel propelled by sail, oar or paddle.

New Jersey

New Jersey Annotated Statutes TITLE 2C. THE NEW JERSEY CODE OF CRIMINAL JUSTICE

SUBTITLE 2. SPECIFIC OFFENSES PART 2. OFFENSES AGAINST PROPERTY

CHAPTER 20. THEFT I. GENERAL PROVISIONS

§ 2C:20-8. Theft of services a. A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service. "Services" include labor or professional service; transportation, telephone, telecommunications, electric, water, gas, cable television, or other public service; accommodation in hotels, restaurants or elsewhere; entertainment; admission to exhibitions; use of vehicles or other movable property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay. … … k. In addition to any other disposition authorized by law, and notwithstanding the provisions of N.J.S.2C:43-3, every person who violates this section shall be sentenced to make restitution to the vendor and to pay a minimum fine of $ 500.00 for each offense. In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees. l. The presumptions of evidence applicable to offenses defined in subsections c., d., e. and h. of this section shall also apply in any prosecution for theft of services brought pursuant to the provisions of subsection a. or b. of this section.

New Mexico

ANNOTATED STATUTES OF NEW MEXICO CHAPTER 30. CRIMINAL OFFENSES

ARTICLE 16. LARCENY § 30-16-40. Fraudulent refusal to return a leased vehicle or other personal property; penalty; presumption A. A person who, after leasing a vehicle or other personal property under a written agreement that provides for the return of the vehicle or personal property to a particular place at a particular time and who, with intent to defraud the lessor of the vehicle or personal property, fails to return the vehicle or personal property to the place within the time specified, is guilty of a: (1) petty misdemeanor if the property or vehicle has a value of two hundred fifty dollars ($ 250) or less; (2) misdemeanor if the property or vehicle has a value of over two hundred fifty dollars ($ 250) but not more than five hundred dollars ($ 500); (3) fourth degree felony if the property or vehicle has a value of over five hundred dollars ($ 500) but not more than two thousand five hundred dollars ($ 2,500); (4) third degree felony if the property or vehicle has a value of over two thousand five hundred dollars ($ 2,500) but not more than twenty thousand dollars ($ 20,000); and

(5) second degree felony if the property or vehicle has a value of over twenty thousand dollars ($ 20,000). B. Failure of the lessee to return the vehicle or personal property to the place specified within seventy-two hours after mailing to the lessee by certified mail at the lessee's address shown on the leasing agreement a written demand to return the vehicle or personal property shall raise a rebuttable presumption that the failure to return the vehicle or personal property was with intent to defraud.

New York

NEW YORK CONSOLIDATED LAW SERVICE PENAL LAW

PART THREE. SPECIFIC OFFENSES TITLE J. OFFENSES INVOLVING THEFT

ARTICLE 165. OTHER OFFENSES RELATING TO THEFT § 165.00. Misapplication of property 1. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time, (a) he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss; or (b) he intentionally refuses to return personal property valued in excess of one hundred dollars to the owner pursuant to the terms of the rental agreement provided that the owner shall have made a written demand for the return of such personal property in person or by certified mail at an address indicated in the rental agreement and he intentionally refuses to return such personal property for a period of thirty days after such demand has been received or should reasonably have been received by him. Such written demand shall state: (i) the date and time at which the personal property was to have been returned under the rental agreement; (ii) that the owner does not consent to the continued withholding or retaining of such personal property and demands its return; and (iii) that the continued withholding or retaining of the property may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment. (c) as used in paragraph (b) of this subdivision and in subdivision three of this section, the terms owner, personal property, and rental agreement shall be defined as in subdivision one of section three hundred ninety-nine-w of the general business law. 2. In any prosecution under paragraph (a) of subdivision one of this section, it is a defense that, at the time the prosecution was commenced, (a) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (b) the owner had suffered no material economic loss as a result of the unlawful disposition. 3. In any prosecution under paragraph (b) of subdivision one of this section, it is a defense that at the time the prosecution was commenced, (a) the owner had recovered possession of the personal property and suffered no material economic loss as a result of the unlawful retention; or (b) the defendant is unable to return such personal property because it has been accidentally destroyed or stolen; or (c) the owner failed to comply with the provisions of section three hundred ninety-nine-w of the general business law. Misapplication of property is a class A misdemeanor.

North Carolina

GENERAL STATUTES OF NORTH CAROLINA CHAPTER 14. CRIMINAL LAW

SUBCHAPTER 06 . CRIMINAL TRESPASS ARTICLE 24. VEHICLES AND DRAFT ANIMALS--PROTECTION OF BAILOR AGAINST

ACTS OF BAILEE § 14-167. Failure to return hired property Any person who shall rent or hire, any horse, mule or other like animal, or any buggy, wagon, truck, automobile, or other vehicle, aircraft, motor, trailer, appliance, equipment, tool, or other thing of value, and who shall willfully fail to return the same to the possession of the person, firm or corporation from whom such property has been rented or hired at the expiration of the time for which such property has been rented or hired, shall be guilty of a Class 2 misdemeanor.

If the value at the time of the rental or hiring of the truck, automobile, or other motor vehicle that is not returned is in excess of four thousand dollars ($ 4,000), the person who rented or hired it and failed to return it shall be guilty of a Class H felony. § 14-168.3. Prima facie evidence of intent to convert property It shall be prima facie evidence of intent to commit a crime as set forth in G.S. 14-167, 14-168, and 14-168.1 with respect to any property other than a truck, automobile, or other motor vehicle when one who has, by written instrument, leased or rented the personal property of another:

(1) Failed or refused to return such property to its owner after the lease, bailment, or rental agreement has expired,

a. Within 10 days, and

b. Within 48 hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement, or

(2) When the leasing or rental of such personal property is obtained by presentation of identification to the lessor or rentor thereof which is false, fictitious, or knowingly not current as to name, address, place of employment, or other identification. § 14-168.4. Failing to return rented property on which there is purchase option (a) It shall be a Class 2 misdemeanor for any person to fail to return rented property with intent to defeat the rights of the owner, which is rented pursuant to a written rental agreement in which there is an option to purchase the property, after the date of termination provided in the agreement has occurred or, if the termination date is the occurrence of a specified event, then that such event has in fact occurred.

(b) Intent to commit the crime set forth in subsection (a) may be presumed from the following evidence:

(1) Evidence that the defendant has disposed of the property, or has encumbered the property by allowing a security interest to be placed on the property or by delivering the property to a pawnbroker; or

(2) Evidence that the defendant has refused to deliver the property to the sheriff or other officer charged with the execution of process directed to him for its seizure, after a judgment for possession of the property or a claim and delivery order for the property has been issued; or

(3) Evidence that the defendant has moved the rented property out of state and has failed to notify the owner of the new location of the property.

However, this presumption may be rebutted by evidence from the defendant that he has no intent to defeat the rights of the owner of the property.

(c) Violations of this Article for failure to return rented property which is rented pursuant to a written rental agreement in which there is an option to purchase shall be prosecuted only under this section. § 14-168.5. Prima facie evidence of intent to convert a truck, automobile, or other motor vehicle; demand for return or payment (a) Prima Facie Evidence. -- It shall be prima facie evidence of intent to commit a crime as set forth in G.S. 14-167, 14-168, and 14-168.1 when one who has, by written instrument, leased or rented a truck, automobile, or other motor vehicle owned by another:

(1) Failed or refused to return the vehicle to the lessor or rentor at the place specified after the lease, bailment, or rental agreement has expired, within 72 hours after written demand for the vehicle is made in accordance with subsection (b) of this section; or

(2) When the leasing or rental of the vehicle is obtained by presentation of identification to the lessor or rentor of the vehicle which is false, fictitious, or knowingly not current as to name, address, place of employment, or other identification.

(b) Method of Demand; When Effective. --

(1) Demand for return of a leased or rented truck, automobile, or other motor vehicle may be made in one of three ways:

a. By personal service in accordance with Rule 4(j) of the North Carolina Rules of Civil Procedure.

b. By certified mail, return receipt requested, addressed to the last known address provided in the lease, bailment, or rental agreement.

c. By depositing the demand with a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) addressed to the last known address provided in the lease, bailment, or rental agreement.

(2) Demand is effective upon hand delivery to the last known address, three days after deposit by mail (even if the demand is returned as undeliverable), or upon delivery by a designated delivery service to the last known address. § 14-169. Violation made misdemeanor Except as otherwise provided, any person violating the provisions of this Article shall be guilty of a Class 1 misdemeanor.

Ohio

TITLE 29. CRIMES -- PROCEDURE CHAPTER 2913. THEFT AND FRAUD AGGRAVATING CIRCUMSTANCES

§ 2913.72. Evidence of intent to commit theft of rental property (A) Each of the following shall be considered evidence of an intent to commit theft of rented property: (1) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information. (2) After receiving a notice demanding the return of rented property as provided in division (B) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.

(B) To establish that a rentee has an intent to commit theft of rented property under division (A)(2) of this section, a renter may issue a notice to a rentee demanding the return of rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee's agent furnished in writing to the renter.

Oregon

OREGON REVISED STATUTES

TITLE 16. CRIMES AND PUNISHMENTS CHAPTER 164. OFFENSES AGAINST PROPERTY

THEFT AND RELATED OFFENSES 164.125. Theft of services. (1) A person commits the crime of theft of services if: (a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or (b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled. (2) As used in this section, "services" includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. "Communication service" includes, but is not limited to, use of telephone, computer and cable television systems. (3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor. (4) The value of single theft transactions may be added together if the thefts were committed: (a) Against multiple victims by a similar means within a 30-day period; or (b) Against the same victim, or two or more persons who are joint owners, within a 180-day period. (5) Theft of services is: (a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is under $ 50; (b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $ 50 or more but is under $ 750;

(c) A Class C felony if the aggregate total value of services that are the subject of the theft is $ 750 or more; and (d) A Class B felony if the aggregate total value of services that are the subject of the theft is $ 10,000 or more. 164.140. Criminal possession of rented or leased personal property. (1) A person is guilty of criminal possession of rented or leased personal property if: (a) After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand; or (b) After leasing an item of personal property from a commercial lessor of personal property under a written agreement which provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand. (2) Service of written demand under this section shall be accomplished by certified mail sent to the person who obtained the item of personal property by rental or lease, sent to the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the item of personal property is returned. (3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of rented or leased personal property. (4) For purposes of this section, the value of property shall be ascertained as provided in ORS 164.115. Criminal possession of rented or leased personal property is: (a) A Class A misdemeanor if the aggregate total value of the personal property not returned is under $ 500. (b) A Class C felony if the aggregate total value of the personal property not returned is $ 500 or more.

Pennsylvania

PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS(R) PENNSYLVANIA CONSOLIDATED STATUTES

TITLE 18. CRIMES AND OFFENSES PART II. DEFINITION OF SPECIFIC OFFENSES ARTICLE C. OFFENSES AGAINST PROPERTY

CHAPTER 39. THEFT AND RELATED OFFENSES SUBCHAPTER B. DEFINITION OF OFFENSES

§ 3932. Theft of leased property (a) OFFENSE DEFINED. --A person who obtains personal property under an agreement for the lease or rental of the property is guilty of theft if he intentionally deals with the property as his own. (b) DEFINITION. --As used in this section, a person "deals with the property as his own" if he sells, secretes, destroys, converts to his own use or otherwise disposes of the property.

(c) PRESUMPTION. --A person shall be prima facie presumed to have intent if he: (1) signs the lease or rental agreement with a name other than his own and fails to return the property within the time specified in the agreement; or (2) fails to return the property to its owner within seven days after a written demand to return the property is delivered by registered or certified mail to the person's last known address. (d) EXCEPTION. --This section shall not apply to secured transactions as defined in Title 13 (relating to commercial code).

South Carolina

SOUTH CAROLINA CODE OF LAWS ANNOTATED BY LEXISNEXIS(R) TITLE 16. CRIMES AND OFFENSES

CHAPTER 13. FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES AND CHEATS ARTICLE 1. MISCELLANEOUS OFFENSES

S.C. Code Ann. § 16-13-420 (2005)

§ 16-13-420. Failure to return rented objects; fraudulent appropriation of such. (A) A person having any motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he: (1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear within seventy-two hours after the lease or rental agreement has expired; (2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement. The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts. (B) A person who violates the provisions of this section is guilty of a: (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars; (3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

South Dakota

South Dakota Statutes Annotated

TITLE 22. CRIMES CHAPTER 22-1. DEFINITIONS AND GENERAL PROVISIONS

S.D. Codified Laws § 22-1-2 (2006) § 22-1-2. Definitions Terms used in this title mean: … … (43) "Service," labor that does not include a tangible commodity. The term includes, but is not limited to: labor; professional advice; telephone, cable television and other utility service; accommodations in hotels, restaurants or elsewhere; admissions to exhibits and entertainments; the use of machines designed to be operated by coin or other thing of value; and the use of rental property; … § 22-30A-8. Avoiding payment for property or service Any person is guilty of theft if that person intentionally obtains property or service which that person knows is available only for compensation, by deception, threat, or other means to avoid payment for the service or property. § 22-30A-13. Conversion of leased or rented personal property -- "Proper notice" defined Any person who intentionally converts to his or her own use any leased or rented personal property, after receiving proper notice demanding the return of the property following expiration of the lease or rental agreement, is guilty of theft. For the purposes of this section, the term, proper notice, means a written demand for the return of the property addressed and mailed by certified or registered mail to the lessee or renter or personal service of such written demand in the manner provided for service of a summons.

Tennessee

TENNESSEE CODE ANNOTATED Title 39 Criminal Offenses

Chapter 14 Offenses Against Property Part 1 -Theft

39-14-108. Pawned or conveyed rental property. (a) With respect to the theft of rental property, evidence of any of the following shall create an inference of intent to deprive the owner of the rental property, as provided in § 39-14-103: (1) The person leasing or renting the property has pawned or otherwise conveyed the property; (2) The person leasing or renting the property pursuant to a written agreement presents identification to the owner at the time of the execution of the written agreement which bears a fictitious name, telephone number or address; or (3) The person leasing or renting the property pursuant to a written agreement designating the principal location at which the property is to be used, and specifying the date and time when the same is to be returned, fails to return the property to the owner on or before such return date and within ten (10) days after the date of mailing of written notice to return the property sent by registered or certified mail, return receipt requested, deliver to addressee only, and the property is not to be found at the location designated in the lease or rental agreement as the principal place of use of the property. (b) Any leased or rented tangible personal property that has been sold, pawned or otherwise disposed of by the person renting or leasing the property during the period of the lease or rental agreement shall be returned to the owner of the property if the property is properly marked and identified as leased or rental property and is no longer needed as evidence against the person, and if the owner of the property can, by

serial number, manufacturer's identification number or other sufficient means, demonstrate ownership of the property. (c) (1) Each owner of rental property shall conspicuously mark and identify the property as rented or leased property. The markings shall include, but not be limited to, the name and address of the rental company and the serial number of the property. (2) The provisions of subdivision (c)(1) do not apply to motor vehicles, as defined in title 55.

Texas

TEXAS STATUTES AND CODES ANNOTATED BY LEXISNEXIS(R) PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 31. THEFT

§ 31.04. Theft of Service (a) A person commits theft of service if, with intent to avoid payment for service that he knows is provided only for compensation: (1) he intentionally or knowingly secures performance of the service by deception, threat, or false token; (2) having control over the disposition of services of another to which he is not entitled, he intentionally or knowingly diverts the other's services to his own benefit or to the benefit of another not entitled to them; (3) having control of personal property under a written rental agreement, he holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or (4) he intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make payment after receiving notice demanding payment. (b) For purposes of this section, intent to avoid payment is presumed if: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; or (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $ 1,500; or (B) within three days after receiving notice demanding return, if the property is valued at $ 1,500 or more.

(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4), notice shall be notice in writing, sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested, and addressed to the actor at his address shown on the rental agreement or service agreement. (d) If written notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent. (e) An offense under this section is: (1) a Class C misdemeanor if the value of the service stolen is less than $ 20; (2) a Class B misdemeanor if the value of the service stolen is $ 20 or more but less than $ 500; (3) a Class A misdemeanor if the value of the service stolen is $ 500 or more but less than $ 1,500; (4) a state jail felony if the value of the service stolen is $ 1,500 or more but less than $ 20,000; (5) a felony of the third degree if the value of the service stolen is $ 20,000 or more but less than $ 100,000; (6) a felony of the second degree if the value of the service stolen is $ 100,000 or more but less than $ 200,000; or (7) a felony of the first degree if the value of the service stolen is $ 200,000 or more. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order.

Utah

UTAH CODE ANNOTATED TITLE 76. UTAH CRIMINAL CODE

CHAPTER 6. OFFENSES AGAINST PROPERTY PART 4. THEFT

§ 76-6-409. Theft of services (1) A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them. (2) A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts the services to his own benefit or to the benefit of another who he knows is not entitled to them.

(3) In this section "services" includes, but is not limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, steam, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made. (4) Under this section "services" includes gas, electricity, water, sewer, or cable television services, only if the services are obtained by threat, force, or a form of deception not described in Section 76-6-409.3. (5) Under this section "services" includes telephone services only if the services are obtained by threat, force, or a form of deception not described in Sections 76-6-409.5 through 76-6-409.9. § 76-6-409.1. Devices for theft of services -- Seizure and destruction -- Civil actions for damages (1) A person may not knowingly: (a) make or possess any instrument, apparatus, equipment, or device for the use of, or for the purpose of, committing or attempting to commit theft under Section 76-6-409 or 76-6-409.3; or (b) sell, offer to sell, advertise, give, transport, or otherwise transfer to another any information, instrument, apparatus, equipment, or device, or any information, plan, or instruction for obtaining, making, or assembling the same, with intent that it be used, or caused to be used, to commit or attempt to commit theft under Section 76-6-409 or 76-6-409.3. (2) (a) Any information, instrument, apparatus, equipment, or device, or information, plan, or instruction referred to in Subsection (1) may be seized pursuant to a court order, lawful search and seizure, lawful arrest, or other lawful process. (b) Upon the conviction of any person for a violation of any provision of this section, any information, instrument, apparatus, equipment, device, plan, or instruction shall be destroyed as contraband by the sheriff of the county in which the person was convicted. (3) A person who violates any provision of Subsection (1) or (2) is guilty of a class A misdemeanor. (4) Criminal prosecutions under this section do not affect any person's right of civil action for redress for damages suffered as a result of any violation of this section. § 76-6-410. Theft by person having custody of property pursuant to repair or rental agreement A person is guilty of theft if: (1) Having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair, or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or (2) Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement. § 76-6-410.5. Theft of a rental vehicle (1) As used in this section: (a) "Motor vehicle" means a self-propelled vehicle that is intended primarily for use and operation on the highways.

(b) "Rental agreement" means any written agreement stating the terms and conditions governing the use of a motor vehicle provided by a rental company. (c) "Rental company" means any person or organization in the business of providing motor vehicles to the public. (d) "Renter" means any person or organization obtaining the use of a motor vehicle from a rental company under the terms of a rental agreement. (2) A renter is guilty of theft of a rental vehicle if, without notice to and permission of the rental company, the renter knowingly fails without good cause to return the vehicle within 72 hours after the time established for the return in the rental agreement. (3) If the motor vehicle is not rented on a periodic tenancy basis, the rental company shall include the following information, legibly written, as part of the terms of the rental agreement: (a) the date and time the motor vehicle is required to be returned; and (b) the maximum penalties under state law if the motor vehicle is not returned within 72 hours from the date and time stated in compliance with Subsection (3)(a).

Vermont

LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY FOR THE STATE OF VERMONT TITLE THIRTEEN. CRIMES AND CRIMINAL PROCEDURE

PART 1. CRIMES CHAPTER 57. LARCENY AND EMBEZZLEMENT

SUBCHAPTER 5. THEFT OF SERVICES § 2581. Definitions As used in this subchapter: (1) "Services" includes labor, professional service, transportation, public services not provided for in section 2021 of this title, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, or amusements or recreational facilities, use of vehicles or other movable property. (2) "Movable property" means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. (3) "Obtain" means: (A) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or (B) in relation to labor or service, to secure performance thereof. § 2582. Theft of services (a) A person who purposely obtains services which he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $ 900.00 in value be imprisoned for not more than ten years or fined not more than $ 5,000.00, or both. Otherwise, a person who violates a provision of this subsection shall be imprisoned for

not more than one year or fined not more than $ 1,000.00, or both. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay. (b) A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to the person's own benefit or to the benefit of another not entitled thereto shall if the services exceed $ 900.00 in value be imprisoned for not more than ten years or fined not more than $ 5,000.00, or both. Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $ 1,000.00, or both.

SUBCHAPTER 6. THEFT OF RENTED PROPERTY § 2591. Theft of rented property (a) A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement which has been entrusted to the person under an agreement in writing which provides for the delivery of that personal property to a particular person or place or at a particular time, abandons it, or refuses or neglects to deliver it to the person or place and at the time specified in the written agreement, or who destroys, secretes, appropriates, converts, sells, or attempts to sell all or any part of it, or who removes or permits or causes it to be removed from this state, without the consent of its owner, shall be: (1) if the value of the property involved is $ 900.00 or less, imprisoned not more than six months or fined not more than $ 500.00, or both; (2) if the property involved exceeds $ 900.00 in value: (A) imprisoned for not more than two years or fined not more than $ 1,000.00, or both; or (B) imprisoned for not more than five years or fined not more than $ 5,000.00 if the person has been previously convicted of a violation of this subdivision (a)(2) of this section. (b) All written agreements for the rental of personal property shall bear a statement in bold face type in the following form: NOTICE FAILURE TO RETURN THE RENTAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER DELIVERY TO YOU OF NOTICE TO RETURN, OR WITHIN FIFTEEN DAYS AFTER THIS AGREEMENT HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING IDENTIFICATION MAY BE CONSIDERED AS EVIDENCE OF AN INTENTION TO COMMIT LARCENY. § 2592. Failure to return a rented or leased motor vehicle (a) A person commits the offense of failure to return a rented or leased motor vehicle if the person: (1) rents or leases a motor vehicle, as defined in 23 V.S.A. § 4(21), pursuant to an agreement in writing which provides for the return of the vehicle to a particular place at a particular time; (2) intentionally and without good cause fails to return the vehicle to that place within 72 hours after the time and date specified; (3) does not give notice to the person from whom the vehicle was rented or leased that he or she will not

be able to return the vehicle on the date and time stated in the agreement and does not obtain an extension of the date and time on which the vehicle will be returned; and (4) when the person rented or leased the vehicle, the person was provided the following notice in boldface type: NOTICE THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. § 2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $ 5,000.00 FINE, OR BOTH. (b) A person who violates this section shall be imprisoned for not more than three years or fined not more than $ 3,000.00, or both. If the person has been previously convicted of a violation of this section, the person shall be imprisoned not more than five years or fined not more than $ 5,000.00, or both.

Virginia

CODE OF VIRGINIA

TITLE 18.2. CRIMES AND OFFENSES GENERALLY CHAPTER 5. CRIMES AGAINST PROPERTY

ARTICLE 4. EMBEZZLEMENT AND FRAUDULENT CONVERSIONS

Va. Code Ann. § 18.2-118 (2006) § 18.2-118. Fraudulent conversion or removal of leased personal property (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) 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) 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.

Washington

ANNOTATED REVISED CODE OF WASHINGTON TITLE 9A. WASHINGTON CRIMINAL CODE

CHAPTER 9A.56. THEFT AND ROBBERY

Rev. Code Wash. (ARCW) § 9A.56.096 (2006) § 9A.56.096. Theft of rental, leased, or lease-purchased property. (1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented or leased to the person, is guilty of theft of rental, leased, or lease-purchased property. (2) The finder of fact may presume intent to deprive if the finder of fact finds either of the following: (a) That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner's agent to return the property to the owner or the owner's agent within seventy-two hours after receipt of proper notice following the due date of the rental, lease, or lease-purchase agreement; or (b) That the renter or lessee presented identification to the owner or the owner's agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items. (3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the owner or the owner's agent made after the due date of the rental, lease, or lease-purchase period, mailed by certified or registered mail to the renter or lessee at: (a) The address the renter or lessee gave when the contract was made; or (b) the renter or lessee's last known address if later furnished in writing by the renter, lessee, or the agent of the renter or lessee. (4) The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased, or lease-purchased property. (5) (a) Theft of rental, leased, or lease-purchased property is a class B felony if the rental, leased, or lease-purchased property is valued at one thousand five hundred dollars or more. (b) Theft of rental, leased, or lease-purchased property is a class C felony if the rental, leased, or lease-purchased property is valued at two hundred fifty dollars or more but less than one thousand five hundred dollars. (c) Theft of rental, leased, or lease-purchased property is a gross misdemeanor if the rental, leased, or lease-purchased property is valued at less than two hundred fifty dollars. (6) This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, and to lease-purchase agreements as defined under RCW 63.19.010. This section does not apply to rental or leasing of real property under the residential landlord-tenant act, chapter 59.18 RCW.

Wisconsin

WISCONSIN ANNOTATED STATUTES CRIMINAL CODE

CHAPTER 943. CRIMES AGAINST PROPERTY MISAPPROPRIATION

Wis. Stat. § 943.20 (2006)

943.20. Theft. (1) ACTS. Whoever does any of the following may be penalized as provided in sub. (3): … … (e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires. … … (3) PENALTIES. Whoever violates sub. (1): (a) If the value of the property does not exceed 2,500, is guilty of a Class A misdemeanor. (bf) If the value of the property exceeds 2,500 but does not exceed 5,000, is guilty of a Class I felony. (bm) If the value of the property exceeds 5,000 but does not exceed 10,000, is guilty of a Class H felony. (c) If the value of the property exceeds 10,000, is guilty of a Class G felony. (d) If any of the following circumstances exists, is guilty of a Class H felony: 1. The property is a domestic animal. 3. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle. 4. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building. 5. The property is a firearm. 6. The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk. (e) If the property is taken from the person of another or from a corpse, is guilty of a Class G felony. …