CHAPTER 247

An Act to amend and reenact §§ 18.1-100, 18.1-101, 18.1-102 as amended,
18.1-108, 18.1-119, 18.1-119.1 as amended, 19.1-252 and 19.1-258 of
the Code of Virginia, relating to larceny generally; definitions; how
punished.

{H 278]

Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 18.1-100, 18.1-101, 18.1-102 as amended, 18.1-103, 18.1-119,
18.1-119.1 as amended, 19.1-252 and 19.1-253 be amended and reenacted
as follows:

§ 18.1-100. Any person who: (1) Commits larceny from the person
of another of money or other thing of value of five dollars or more, or

(2) Commits simple larceny not from the person of another of goods
and chattels of the value of * one hundred dollars or more, shall be
deemed guilty of grand larceny and shall be punished by confinement
in the penitentiary not less than one nor more than twenty years, or, in
the discretion of the jury or the court trying the case without a jury,
by confinement in jail not exceeding twelve months or by a fine not
exceeding one thousand dollars, either or both.

§ 18.1-101. Any person who:

(1) Commits larceny from the person of another of money or other
thing of value of less than five dollars, or

(2) Commits simple larceny not from the person of another of
goods and chattels of the value of less than * one hundred dollars, shall
be deemed guilty of petit larceny, which shall be punishable as a mis-
demeanor.

§ 18.1-102. Any person who shall be guilty of the larceny of a dog,
horse, pony, mule, cow, steer, bull or calf shall be punished by confine-
ment in the penitentiary not less than three nor more than twenty years;
and any person who shall be guilty of the larceny of any poultry of the
value of five dollars or more, but of the value of less than * one hundred
dollars, or of a sheep, lamb, swine, or goat, of the value of less than * one
hundred dollars, shall, in the discretion of the jury or court trying the
case without a jury, be confined in the penitentiary not less than one nor
more than ten years or be confined in jail not exceeding twelve months
and fined not exceeding five hundred dollars.

§ 18.1-103. (a) Any vehicle knowingly used by the owner thereof
or used by another with his knowledge for the transportation of any
stolen animal or poultry the larceny of which is punishable under
§ 18.1-102, or farm produce or forest products, when the value of such
stolen animal, poultry, produce or forest products is * one hundred dollars
or more, shall be forfeited to the Commonwealth and shall be seized by
any law enforcement officer arresting the operator of such vehicle for
larceny of such animals, poultry, produce or forest products and by him
delivered to the sheriff of the county or sergeant of the city in which
such arrest is made, and a receipt taken therefor.

__ (b) Thereafter, forfeiture of such vehicle shall be enforced as is pro-
vided in § 4-56 of the Code of Virginia as to vehicles used for the trans-
portation of illegally acquired alcoholic beverages, and the provisions of
§ 4-56 shall apply, mutatis mutandis, to proceedings for the enforcement
of such forfeiture.

§ 18.1-119. Any person who:

_ _. (1) Shall knowingly make or cause to be made, either directly or
indirectly, or through any agency, any false statement in writing, with
intent that it shall be relied upon, concerning the financial condition or
means or ability to pay of himself, or of any other person for whom he
ig acting, or any firm or corporation in which he is interested or for
which he is acting, for the purpose of procuring, for his own benefit or
for the benefit of such person, firm or corporation, the delivery of per-
sonal property, the payment of cash, the making of a loan or credit, the
extension of a credit, the discount of an account receivable, or the making,
acceptance, discount, sale or endorsement of a bill of exchange or prom-
issory note; or,

(2) Knowing that a false statement in writing concerning the
financial condition or ability to pay of himself or of any such person, firm
or corporation has been made, procures with like intent, upon the faith
thereof, for his own benefit, or for the benefit of such person, firm or
corporation, any such delivery, payment, loan, credit, extension, dis-
count making, acceptance, sale or endorsement, and fails to pay for such
loan, credit or benefit so procured, shall, if the value of the thing or the
amount of the loan, credit or benefit procured is * one hundred dollars
or more, be deemed guilty of a felony and upon conviction thereof be

ed in the penitentiary not less than one nor more than five years,
or by confinement in jail not exceeding one year or by fine not exceeding
five hundred dollars, either or both, or if the value be less than the sum,
be deemed guilty of a misdemeanor and be fined not more than one hundred
dollars or confined in jail not more than three months.

§ 18.1-119.1. (a) It shall be unlawful for any person knowingly
to obtain or attempt to obtain credit, or to purchase or attempt to pur-

any goods, property or service, by the use of any false, fictitious
or counterfeit credit card, telephone number, credit number or other
credit device, or by the use of any credit card, telephone number, credit
number or other credit device of another beyond or without the authority
of the person to whom such card, number or device was issued, or by
the use of any credit card, telephone number, credit number or other
credit device in any case where such card, number or device has been
revoked and notice of revocation has been given to the person to whom

issued.
(b) It shall be unlawful for any person to obtain or attempt to
by the use of any scheme, device, means or method, telephone or
telegraph service or the transmission of a message, signal or other com-
munication by telephone or telegraph, or over telephone or telegraph
facilities with intent to avoid payment of lawful charges therefor. _

(b1) The word “person” as used in this section shall mean an indi-
vidual, whether or not of legal age, or a copartnership or an association
or a corporation, and any employee, agent, director or officer thereof.

(b2) The words “credit card”, “credit number’ and “credit device”
as used in paragraph (a) hereof shall mean any identification card or
number, or other identification device, or any document, plate, coupon or
book, issued or given to any person who has requested or applied for the
same by a person engaged in business so as to enable or assist such former
person, or any person in possession of the same with the consent of such
former person, to obtain or purchase on credit, or to attempt to obtain or
purchase on credit money, goods, personal property or services whether
or not such credit would be extended without the use, presentation or
exhibition of such card, number, device, document, plate, coupon or book.

(c) The word “notice” as used in paragraph (a) hereof shall be notice
given in writing to the person to whom the number, card or device was
issued. The sending of a notice in writing by registered or certified mail
in the United States mail, duly stamped and addressed to such person at
his last known address, requiring delivery to the addressee only with
return receipt requested; and the actual signing of the receipt for said
mail by the addressee, shall be prima facie evidence that such notice was
duly received.

(d) Any person who violates any provisions of this section shall, if
the value of service, purchase, credit or benefit procured is * one hundred
dollars or more, be deemed guilty of a felony and upon conviction thereof
be confined in the penitentiary not less than one nor more than ten years,
or be confined in jail not exceeding one year, or be fined not exceeding
five hundred dollars, either or both, or if the value be less than * one
hundred dollars, be deemed guilty of a misdemeanor and be fined not more
than five hundred dollars or confined in jail not more than six months.

§ 19.1-252. In a prosecution for grand larceny, if it be found that
the thing stolen is of less value than * one hundred dollars, the jury may
find the accused guilty of petit larceny.

§ 19.1-253. In a prosecution for petit larceny, though the thing
stolen be of the value of * one hundred dollars or more, the jury may find
the accused guilty; and upon a conviction under this or the preceding
section the accused shall be sentenced for petit larceny.