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2007 SESSION
070063105Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-95, 18.2-111, 18.2-172, 18.2-178, and 18.2-369 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-95. Grand larceny defined; how punished.
Any person who (i) commits larceny from the person of another
of money or other thing of value of $5 or more, (ii) commits simple larceny not
from the person of another of goods and chattels of the value of $200 or more,
or (iii) commits simple larceny not from the person of another of any firearm,
regardless of the firearm's value, shall be is
guilty of grand larceny, punishable by imprisonment in a state correctional
facility for not less than one nor more than twenty 20
years or, in the discretion of the jury or court trying the case without a
jury, be confined in jail for a period not exceeding twelve 12
months or fined not more than $2,500, either or both. Any person convicted
of a violation of this section against any other person whom he knows or reasonably should
know is an incapacitated adult, as that term is defined in §
18.2-369, shall be punished by imprisonment in
a state correctional facility for not less than five nor more than 25 years.
§ 18.2-111. Embezzlement deemed larceny; indictment.
If any person wrongfully and fraudulently use, dispose of,
conceal or embezzle any money, bill, note, check, order, draft, bond, receipt,
bill of lading or any other personal property, tangible or intangible, which he
shall have received for another or for his employer, principal or bailor, or by
virtue of his office, trust, or employment, or which shall have been entrusted
or delivered to him by another or by any court, corporation or company, he shall be is guilty of embezzlement. Proof of
embezzlement shall be sufficient to sustain the charge of larceny. Any person
convicted hereunder shall be deemed guilty of larceny and may be indicted as
for larceny and upon conviction shall be punished as provided in § 18.2-95 or §
18.2-96. Any person convicted of a
violation of this section whereby his office, trust, or employment was created for the
benefit of any other person whom he knows or reasonably should know is
an incapacitated adult, as that term is defined in § 18.2-369, shall be
punished by imprisonment in a state correctional facility for not less than
five nor more than 40 years.
§ 18.2-172. Forging, uttering, etc., other writings.
If any person forge any writing, other than such as is
mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another's right, or
utter, or attempt to employ as true, such forged writing, knowing it to be
forged, he shall be is
guilty of a Class 5 felony. Any person who shall obtain, by any false pretense
or token, the signature of another person, to any such writing, with intent to
defraud any other person, shall be deemed guilty of the forgery thereof, and
shall be subject to like punishment. Any person convicted
of a violation of this section against any other person whom he
knows or reasonably should know is an incapacitated adult, as that term is
defined in § 18.2-369, is guilty of a Class 4 felony.
§ 18.2-178. Obtaining money or signature, etc., by false pretense.
A. If any person obtain, by any false pretense or token, from
any person, with intent to defraud, money, a gift certificate or other property
that may be the subject of larceny, he shall be deemed guilty of larceny
thereof; or if he obtain, by any false pretense or token, with such intent, the
signature of any person to a writing, the false making whereof would be
forgery, he shall be is
guilty of a Class 4 felony. Any person convicted of a violation of this
section against any other person whom he knows or reasonably should know is an
incapacitated adult, as that term is defined in § 18.2-369, is guilty of a
Class 3 felony.
B. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with the offense resided at the time of the offense.
§ 18.2-369. Abuse and neglect of incapacitated adults; penalty.
A. It shall be unlawful for any responsible person to abuse or
neglect any incapacitated adult as defined in this section. Any responsible
person who abuses or neglects an incapacitated adult in violation of this
section and the abuse or neglect does not result in serious bodily injury or
disease to the incapacitated adult shall be is
guilty of a Class 1 misdemeanor. Any responsible person who is convicted of a
second or subsequent offense under this subsection shall be is
guilty of a Class 6 felony.
B. Any responsible person who abuses or neglects an
incapacitated adult in violation of this section and the abuse or neglect
results in serious bodily injury or disease to the incapacitated adult shall be is guilty of a Class 4 felony.
C. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect results in the death of the incapacitated adult is guilty of a Class 3 felony. The provisions of this section shall not preclude prosecution under any other homicide statute.
CD. For
purposes of this section:
"Abuse" means (i) knowing and willful conduct that causes physical injury or pain or (ii) knowing and willful use of physical restraint, including confinement, as punishment, for convenience or as a substitute for treatment, except where such conduct or physical restraint, including confinement, is a part of care or treatment and is in furtherance of the health and safety of the incapacitated person.
"Incapacitated adult" means any person 18 years or older who is impaired by reason of mental illness, mental retardation, physical illness or disability, advanced age or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate or carry out reasonable decisions concerning his well-being.
"Neglect" means the knowing and willful failure by a responsible person to provide treatment, care, goods or services which results in injury to the health or endangers the safety of an incapacitated adult.
"Responsible person" means a person who has responsibility for the care, custody or control of an incapacitated person by operation of law or who has assumed such responsibility voluntarily, by contract or in fact.
"Serious bodily injury or disease" shall include but not be limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, or (vi) life - threatening internal injuries or conditions, whether or not caused by trauma.
DE. No
responsible person shall be in violation of this section whose conduct was (i)
in accordance with the informed consent of the incapacitated person or a person
authorized to consent on his behalf; (ii) in accordance with a declaration by
the incapacitated person under the Natural Death Act of Virginia (§ 54.1-2981
et seq.) or with the provisions of a valid medical power of attorney; (iii) in
accordance with the wishes of the incapacitated person or a person authorized
to consent on behalf of the incapacitated person and in accord with the tenets
and practices of a church or religious denomination; (iv) incident to necessary
movement of, placement of or protection from harm to the incapacitated person;
or (v) a bona fide, recognized or approved practice to provide medical care.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.