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2012 SESSION
12101332DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-118 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-118. Fraudulent conversion or removal of leased personal property.
(a)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 10 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)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)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.