Creating offense of theft by conversion, the official text

WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled

           Senate Bill 705

             BY SENATORS WELD, DEEDS, AND WOELFEL
         [Passed March 14, 2026; in effect 90 days from

                        passage (June 12, 2026)]
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1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section,

2   designated §61-3-61, relating to providing definitions; establishing criminal offenses

3   related to theft by conversion; establishing criminal penalties and fines; providing for

4   restitution; and establishing venue.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 3. CRIMES AGAINST PROPERTY.

    §61-3-61. Theft by conversion; penalties; and restitution.

1   (a) As used in this section, the following terms shall have the following meanings:

2   "Property" includes, but is not limited to, leased or rented personal property;

3   "Personal property" means personal property having a replacement cost value greater

4 than $100, excluding any late fees and penalties, including but not limited to heavy equipment

5 contained within the definition of "heavy equipment rental inventory" in §11-5-15 of this code,

6 tractors, and other farm equipment primarily designed for use in agriculture; and

7   "Funds" means any form of money, including cash, payment instruments such as checks,

8 money orders, or sales drafts, and receipts from electronic fund transfers.

9   (b) A person is guilty of the offense of theft by conversion when, after having lawfully

10 obtained funds or other property of another under an agreement or by some other legal obligation

11 in order to make a specified application of the funds or a specified disposition of the property, he

12 or she knowingly converts the funds or property to his or her own use in violation of the agreement

13 or legal obligation.

14  (c) Any person who violates the provisions of this section involving funds or other property

15 valued in an amount of less than $2,500 is guilty of a misdemeanor and, upon conviction thereof,

16 shall be confined in jail for not more than one year, fined not more than $1,000, or both fined and

17 confined. Any person who violates the provisions of this section involving funds or other property

18 valued in an amount of $2,500 or more, is guilty of a felony and, upon conviction thereof, shall be

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19 imprisoned in a state correctional facility for not less than one year nor more than 10 years, fined

20 not more than $2,500, or both fined and imprisoned.

21         (d) The court, when sentencing a defendant convicted of an offense under this section,

22 shall order, in addition to or in lieu of any other penalty authorized by law, that the defendant make

23 restitution to any victim in accordance with §61-11A-4 of this code.

24         (e) Venue for prosecution of any violation of this section may be in the county in which the

25 defendant resides, the county in which the victim resides, in the county where the property is

26 located, in the county where the agreement was executed, or in the county where the obligation

27 arose.

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                   The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect 90 days from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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