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1995 SESSION

LD8474843
HOUSE BILL NO. 2317
Offered January 23, 1995
A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 6 of Title 18.2 a section numbered 18.2-185.1, relating to fraud; penalty.
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Patrons--Albo, Callahan, Cantor, Cox, Dudley, Katzen, Kilgore, May, Nixon, Rollison, Wagner and Wardrup; Senator: Stolle
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 4 of Chapter 6 of Title 18.2 a section numbered 18.2-185.1 as follows:

§ 18.2-185.1. Fraud defined; punishment.

A. It shall be unlawful for any person knowingly, with the intent to defraud, to obtain or attempt to obtain, for himself or another, any property, service, benefit, money or other thing of value (i) by the use of a false, fictitious or fraudulent statement or representation; (ii) by falsifying or concealing by any trick, scheme or device a material fact; or (iii) by making or using a false writing or document, knowing the same to contain any false, fictitious, forged or fraudulent statement or entry.

B. Any person who violates any provision of this section shall, if the value of the property, service, benefit, money or other thing of value obtained or attempted to be obtained is $200 or more, be guilty of a felony, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty 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 months or fined not more than $2,500, either or both. Any person who violates any provision of this section shall, if the value of the property, service, benefit, money or other thing of value obtained or attempted to be obtained is less than $200, be guilty of a Class 1 misdemeanor.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0.00.