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S.265

AN ACT RELATING TO PENALTIES FOR LARCENY CRIMES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 2001 is amended to read:

§ 2001.  FALSE PERSONATION

A person who falsely personates or represents another, and in such assumed character receives money or other property intended to be delivered to the party so personated, with intent to convert the same to his the person’s own use, shall be imprisoned not more than ten years or fined not more than $500.00 $2,000.00, or both.

Sec. 2.  13 V.S.A. § 2002 is amended to read:

§ 2002.  FALSE PRETENSES OR TOKENS

A person who designedly by false pretenses or by privy or false token and with intent to defraud, obtains from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument, the false making whereof would be punishable as forgery, shall be imprisoned not more than ten years or fined not more than $1,000.00 $2,000.00, or both, if the money or property so obtained exceeds $25.00 $750.00 in value.  A person who violates this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, if the money or property obtained in violation of this section is valued at $750.00 or less. 

Sec. 3.  13 V.S.A. § 2501 is amended to read:

§ 2501.  GRAND LARCENY

A person who steals from the actual or constructive possession of another, other than from his or her person, money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange or other bills, orders, or certificates, or a book of accounts for or concerning money, or goods due or to become due or to be delivered, or a deed or writing containing a conveyance of land, or any other valuable contract in force, or a receipt, release or defeasance, writ, process, or public record, shall be imprisoned not more than ten years or fined not more than $1,000.00 $5,000.00, or both, if the money or other property stolen exceeds $500.00 $750.00 in value.

Sec. 4.  13 V.S.A. § 2502 is amended to read:

§ 2502.  PETIT LARCENY

Superior and district courts shall have concurrent jurisdiction of the offenses mentioned in section 2501 of this title where the money or other property stolen does not exceed $500.00 $750.00 in value, and may sentence the person convicted to imprisonment for not more than one year or to pay a fine of not more than $500.00 $1,000.00, or both.


Sec. 5.  13 V.S.A. § 2577 is amended to read:

§ 2577.  PENALTY

(a)  A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $100.00 $750.00 shall be punished by a fine of not more than $300.00 $500.00 or imprisonment for not more than six months, or both.

(b)  Upon the second or subsequent conviction of the offense of retail theft of merchandise having a retail value not in excess of $100.00, a person shall be punished by a fine of not more than $500.00 or imprisonment for not more than two years, or both.

(c)  A person convicted of the offense of retail theft of merchandise having a retail value in excess of $100.00 $750.00 shall be punished by a fine of not more than $500.00 $1,000.00 or imprisonment for not more than ten years, or both.

Sec. 6.  13 V.S.A. § 2582 is amended to read:

§ 2582.  THEFT OF SERVICES

(a)  A person who purposely obtains services which he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $500.00 $750.00 in value be imprisoned for not more than ten years or fined not more than $5,000.00, or both.  Otherwise, a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.  Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay.

(b)  A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to his the person’s own benefit or to the benefit of another not entitled thereto shall if the services exceed $500.00 $750.00 in value be imprisoned for not more than ten years or fined not more than $5,000.00, or both.  Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

Sec. 7.  13 V.S.A. § 2591 is amended to read:

§ 2591.  THEFT OF RENTED PROPERTY

(a)  A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement which has been entrusted to him the person under an agreement in writing which provides for the delivery of that personal property to a particular person or place or at a particular time, abandons it, or refuses or neglects to deliver it to the person or place and at the time specified in the written agreement, or who destroys, secretes, appropriates, converts, sells, or attempts to sell all or any part of it, or who removes or permits or causes it to be removed from this state, without the consent of its owner, shall be:

(1)  if the value of the property involved is $100.00 $750.00 or less, imprisoned not more than six months or fined not more than $300.00 $500.00, or both;

(2)  if the property involved exceeds $100.00 $750.00 in value:

(A)  imprisoned for not more than two years or fined not more than $1,000.00, or both; or

(B)  imprisoned for not more than five years or fined not more than $5,000.00 if the person has been previously convicted of a violation of this subdivision (a)(2) of this section.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us