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1994 SESSION


CHAPTER 706
An Act to amend and reenact §§ 18.2-103 and 18.2-104 of the Code of Virginia and to repeal § 19.2-297 of the Code of Virginia, relating to larceny and theft offense repeat offenders; penalty.
[H 557]
Approved April 10, 1994

Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-103 and 18.2-104 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.

Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be deemed guilty of petit larceny and upon conviction thereof shall be punished as provided in § 18.2-104 , when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

§ 18.2-104. Punishment for conviction of misdemeanor larceny.

(a) Any person convicted for the first time of an offense under § 18.2-103, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of a Class 1 misdemeanor.

(b) Any When a person is convicted of an offense under § 18.2-103, when the value of the goods or merchandise involved in the offense is less than $200, of larceny or any offense deemed to be or punished as larceny under any provision of the Code, and it is alleged in the warrant, indictment or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before convicted in the Commonwealth of Virginia or in another jurisdiction for the like any offense of larceny or any offense deemed or punishable as larceny, or of any substantially similar offense in any other jurisdiction, regardless of the value of the goods or merchandise involved in whether the prior conviction, or for a violation of § 18.2-95 or § 18.2-96, convictions were misdemeanors, felonies or a combination thereof, he shall be confined in jail not less than thirty days nor more than twelve months; and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.

(c) Any person convicted of an offense under § 18.2-103, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of a Class 5 felony.

2. That § 19.2-297 of the Code of Virginia is repealed.