Theft of Rental Services 50-State Survey January 2007

A compilation of the statutes found in our 50-state survey concerning “theft of services” and “theft of rental property” follows. We expanded our coverage to include “theft of rental property” laws since the state law examples the American Rental Association was interested in tended to be closer to the “theft of rental property” category of statutes. There are 39 states included in this survey. Of the eleven states not included – Alaska, Florida, Indiana, Iowa, Maryland, Nevada, North Dakota, Oklahoma, Rhode Island, West Virginia, and Wyoming – all had generic “theft of services” laws that did not reference rental property or only referenced rental property and conversion. Nevertheless, all 50-state laws concerning “theft of services or rental property” are included in the zipped version of the laws by state.

Alabama

ALABAMA CODE ANNOTATED TITLE 13A Criminal Code

CHAPTER 8 Offenses Involving Theft Article 7 Theft by Fraudulent Leasing or Rental of Property

§ 13A-8-140. Generally. The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called "lessee", signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, herein called "lessor", and obtains or exerts control over tangible personal property by reason of such rental contract, with the intent, knowledge or expectation that he will not perform the terms, covenants and agreements of the lessee provided in such rental contract. § 13A-8-141. Prima facie evidence of violation. For the purposes of Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if: (1) The name or address of the lessee appearing on the written agreement shall, at the time it is signed, be false or fictitious, and if the lessee fails to return the leased property to the lessor within seven days after lessor makes written demand for its return, notwithstanding that the term under the rental contract has not expired; or

(2) The rental contract provides for the return of the leased property to a particular place, at a particular time, and the lessee shall fail to return the leased property to the place and within the time specified in the said rental contract, and the lessor thereafter makes written demand for the return of the leased property to the place specified in the rental contract within 48 hours from the time the written demand is delivered to the lessee, and the lessee fails to return said property to the lessor within the said 48 hour period; or (3) A lessee obtains or exerts control over personal property by executing a rental contract which provides for the return of said property to a particular place, or at a particular time, and thereafter abandons said property, secretes, converts, sells or attempts to sell the same or any part thereof. § 13A-8-142. Demand for return of leased property. For the purposes of Section 13A-8-141 of this article: (1) A written demand for the return of leased property may be made by personally delivering a copy thereof to the lessee; such demand may also be delivered to a lessee by certified United States mail, directed to lessee at his address shown on the rental contract, and the return receipt shall be deemed sufficient evidence that the demand was received by the lessee, on the date shown on the receipt. (2) The form of notice to be given under subdivision (1) of Section 13A-8-141, shall be sufficient if substantially as follows: "This statutory notice is provided pursuant to section ____________________ of the Code of Alabama. You are hereby notified that the name or address given by you, as lessee, and appearing on the rental contract dated ____________________, wherein _________________ is the lessor, was fictitious or false. Pursuant to Alabama law you have seven (7) days from receipt of this demand to return the property rented or leased under the said rental contract to the lessor at the place designated in the rental contract, and to pay all accrued lease or rental charges. Unless the said property is so returned, and accrued rental charges paid, all as provided by the said rental contract, within the time specified above, the lessor may assume that you leased the said property with intent, knowledge or expectation that you, as the lessee would not perform the terms, covenants and agreements appearing in the said rental contract at the time you executed the same, and, therefore that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution." (3) The form of notice to be given under subdivision (2) of Section 13A-8-141 above, shall be sufficient if substantially as follows: "This statutory notice is provided pursuant to section ____________________ of the Code of Alabama. You are hereby notified that you have failed to return that certain personal property leased by you under a written rental contract dated _________________, wherein _________________ is the lessor, to the particular place or at the particular time provided by the said rental contract. Pursuant to Alabama law, you have forty-eight (48) hours from the receipt of this demand to return the leased property to the lessor at the address specified in the rental contract. Unless the said property is returned to the lessor at the address specified in the rental contract within the time specified above, the lessor may assume that at the time you entered into the said rental contract you intended, knew or expected that you would not perform the terms, covenants and agreements of the lessee thereunder, and that you intended to defraud the lessor. In such case the lessor may turn over the rental contract and all other available information relating to this incident to the proper authorities for criminal prosecution." § 13A-8-143. Immunity. Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and for proceeding under the forms of such notice.

§ 13A-8-144. Classification of offenses. The crime of theft by fraudulent leasing or rental of property shall be a Class A misdemeanor if the subject matter of the lease or rental agreement had a value of five hundred dollars ($500) or less; if the value of such property was in excess of five hundred dollars ($500), the crime shall be a Class C felony.

Arkansas

ARKANSAS CODE OF 1987 ANNOTATED TITLE 5. CRIMINAL OFFENSES

SUBTITLE 4. OFFENSES AGAINST PROPERTY CHAPTER 36. THEFT

SUBCHAPTER 1. GENERAL PROVISIONS § 5-36-115. Theft of leased, rented, or entrusted personal property -- False report of wealth or credit (a) A person is guilty of theft and subject to a punishment prescribed by § 5-36-103 if the person: (1) Intentionally, fraudulently, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or (2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person. (b) The amount involved in the theft is deemed to be the highest value by any reasonable standard of the property or service that the person stole or attempted to steal. (c) It is prima facie evidence of intent to commit theft if a person who has leased or rented the personal property of another person: (1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to its owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or (2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item. (d) Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. (e) The following factors constitute an affirmative defense to prosecution for theft: (1) That the lessee accurately stated his or her name and address at the time of rental; (2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful; (3) That the lessee failed to receive the lessor's notice personally unless notice was waived; and (4) That the lessee returned the personal property to the owner or lessor within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

Arizona

ARIZONA REVISED STATUTES TITLE 13. CRIMINAL CODE

CHAPTER 18. THEFT § 13-1806. Unlawful failure to return rented or leased property; notice; classification A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for return in the rental agreement. B. If the property is not leased on a periodic tenancy basis, the person who rents out the property shall include the following information, clearly written as part of the terms of the rental agreement: 1. The date and time the property is required to be returned. 2. The maximum penalties if the property is not returned within seventy-two hours of the date and time listed in paragraph 1. C. If the property is leased on a periodic tenancy basis without a fixed expiration or return date the lessor shall include within the lease clear written notice that the lessee is required to return the property within seventy-two hours from the date and time of the failure to pay any periodic lease payment required by the lease. D. It is a defense to prosecution under this section that the defendant was physically incapacitated and unable to request or obtain permission of the lessor to retain the property or that the property itself was in such a condition, through no fault of the defendant, that it could not be returned to the lessor within such time. E. Unlawful failure to return rented or leased property is a class 1 misdemeanor.

California

DEERING'S CALIFORNIA CODES ANNOTATED PENAL CODE

Part 1. Crimes and Punishments Title 13. Crimes Against Property

Chapter 5. Larceny § 484. What constitutes theft; Determination of value of property; Presumptions … (b) (1) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented. (2) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no

greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented. (c) Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required. (d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence. (e) Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply.

Colorado

COLORADO REVISED STATUTES TITLE 18. CRIMINAL CODE

ARTICLE 4. OFFENSES AGAINST PROPERTY PART 4. THEFT

18-4-402. Theft of rental property (1) A person commits theft of rental property if he: (a) Obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or (b) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two hours after the time at which he agreed to return it. (2) Theft of rental property is a class 3 misdemeanor where the value of the property involved is less than one hundred dollars. (3) Theft of rental property is a class 2 misdemeanor where the value of the property involved is one hundred dollars or more and is less than five hundred dollars. (4) Theft of rental property is a class 5 felony where the value of the property involved is five hundred dollars or more but less than fifteen thousand dollars. (5) Theft of rental property is a class 3 felony where the value of the property involved is fifteen thousand dollars or more. (6) When a person commits theft of rental property twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the property involved is five hundred dollars or more but less than fifteen thousand dollars, it is a class 5 felony;

however, if the aggregate value of the property involved is fifteen thousand dollars or more, it is a class 3 felony.

Connecticut

CONNECTICUT GENERAL ASSEMBLY - JANUARY SESSION, 2006

PUBLIC ACT NO. 06-118 SUBSTITUTE HOUSE BILL NO. 5611

SYNOPSIS: AN ACT CONCERNING THE FAILURE TO RETURN RENTAL PROPERTY. NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A] [D> Text within these symbols is deleted <D] Be it enacted by the Senate and House of Representatives in General Assembly convened: [*1] Section 1. Section 53a-126b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006): (a) A person is guilty of criminal trover in the second degree when, knowing that [D> he <D] [A> SUCH PERSON <A] is not licensed or privileged to do so, [D> he <D] [A> SUCH PERSON <A] uses the personal property of another without the consent of such owner, and such use results in damage to or diminishes the value of such property or subjects such owner to economic loss, fine or other penalty. [A> (B) FOR THE PURPOSES OF THIS SECTION, "ECONOMIC LOSS" INCLUDES UNCOMPENSATED ECONOMIC LOSS THAT EXCEEDS FIVE HUNDRED DOLLARS SUFFERED BY AN OWNER OF PERSONAL PROPERTY WHO IS ENGAGED IN THE BUSINESS OF RENTING OR LEASING PERSONAL PROPERTY WHEN A PERSON TO WHOM SUCH OWNER HAS RENTED OR LEASED SUCH PROPERTY PURSUANT TO A WRITTEN AGREEMENT PROVIDING FOR THE RETURN OF SUCH PROPERTY AT A SPECIFIED TIME FAILS TO RETURN SUCH PROPERTY WITHIN ONE HUNDRED TWENTY HOURS AFTER THE OWNER SENDS A WRITTEN DEMAND TO SUCH PERSON FOR THE RETURN OF SUCH PROPERTY BY REGISTERED MAIL ADDRESSED TO SUCH PERSON AT SUCH PERSON'S ADDRESS AS SHOWN IN THE WRITTEN AGREEMENT, UNLESS A MORE RECENT ADDRESS IS KNOWN TO THE OWNER. ACKNOWLEDGMENT OF THE RECEIPT OF SUCH WRITTEN DEMAND BY SUCH PERSON SHALL NOT BE NECESSARY TO ESTABLISH THAT ONE HUNDRED TWENTY HOURS HAVE PASSED SINCE SUCH WRITTEN DEMAND WAS SENT. THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO PERSONAL PROPERTY THAT IS RENTED OR LEASED (1) FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, OR (2) PURSUANT TO CHAPTER 743I. <A] [D> (b) <D] [A> (C) <A] Criminal trover in the second degree is a class A misdemeanor. [*2] Sec. 2. Subdivision (13) of section 53a-119 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006): (13) Conversion of leased property. (A) A person is guilty of conversion of leased personal property who, with the intent of converting the same to his own use or that of a third person, after renting or leasing such property under an agreement in writing which provides for the return of such property to a particular place at a particular time, sells, conveys, conceals or aids in concealing such property or any part thereof, and who thereafter fails to return such property to the agreed place or to any other place of business of the lessor within one hundred ninety-two hours after the lessor shall have sent a written demand to him for the return of the property by

registered or certified mail addressed to him at his address as shown in the written agreement, unless a more recent address is known to the lessor. [A> ACKNOWLEDGMENT OF THE RECEIPT OF SUCH WRITTEN DEMAND BY THE LESSEE SHALL NOT BE NECESSARY TO ESTABLISH THAT ONE HUNDRED NINETY-TWO HOURS HAVE PASSED SINCE SUCH WRITTEN DEMAND WAS SENT. <A] (B) Any person, being in possession of personal property other than wearing apparel, received upon a written lease, who, with intent to defraud, sells, conveys, conceals or aids in concealing such property, or any part thereof, shall be prima facie presumed to have done so with the intention of converting such property to his own use. (C) A person who uses a false or fictitious name or address in obtaining such leased personal property shall be prima facie presumed to have obtained such leased personal property with the intent of converting the same to his own use or that of a third person. (D) "Leased personal property", as used in this subdivision, means any personal property received pursuant to a written contract, by which one owning such property, the lessor, grants to another, the lessee, the right to possess, use and enjoy such personal property for a specified period of time for a specified sum [A> , BUT DOES NOT INCLUDE PERSONAL PROPERTY THAT IS RENTED OR LEASED PURSUANT TO CHAPTER 743I <A] .

Delaware

DELAWARE CODE ANNOTATED

TITLE 11. CRIMES AND CRIMINAL PROCEDURE PART I. DELAWARE CRIMINAL CODE

CHAPTER 5. SPECIFIC OFFENSES SUBCHAPTER III. OFFENSES INVOLVING PROPERTY

SUBPART D. THEFT AND RELATED OFFENSES § 849. Theft of rented property; class A misdemeanor or class G felony (a) A person is guilty of theft of rental property if the person, with the intent specified in § 841 of this title, takes, destroys, converts, wrongfully withholds or appropriates by fraud, deception, threat, false token, false representation or statement, or by any trick, contrivance or other device to avoid payment for or to otherwise appropriate rental property entrusted to said person. For purposes of this section, "property" shall include the use of vehicles or other movable property. (b) If the finder of fact shall find: (1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentor's agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or (2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or (3) That the rentee (lessee) presented identification to the rentor which was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items, then the finder of fact shall be permitted, but not required, to presume intent to commit theft. (c) As used in subsection (b) of this section, "proper notice" shall consist of a written demand by the rentor made after the expiration of the rental period mailed by certified or registered mail to the rentee at: (1) The address the rentee gave when the rental contract was made; or

(2) The rentee's last known address if later furnished in writing by the rentee or the rentee's agent. (d) The reasonable and fair market value of the property obtained shall be utilized in determining the amount involved in the theft. (e) The following 3 factors, if established by the rentee by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft, that the rentee: (1) Accurately stated the rentee's name, address and other material items of identification at the time of the rental; (2) Failed to receive the rentor's notice personally due in no significant part to the fault of the rentee; and (3) Returned the personal property to the rentor or the rentor's agent within 48 hours of the commencement of the prosecution, together with any charges for the overdue period and the value of damages (if any) to the property. Theft of rented property is a class A misdemeanor, unless the value of the property is $ 1,000 or more, in which case it is a class G felony.

Georgia

OFFICIAL CODE OF GEORGIA ANNOTATED TITLE 16. CRIMES AND OFFENSES

CHAPTER 8. OFFENSES INVOLVING THEFT ARTICLE 1. THEFT

§ 16-8-5. Theft of services A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation. § 16-8-5.1. Circumstances permitting inference of intent to avoid payment; exceptions The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly: (1) Used false identification; (2) Provided false information on a written contract; (3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee; (4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner; (5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or

(6) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

Hawaii

HAWAII REVISED STATUTES ANNOTATED DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS

TITLE 37 Hawaii Penal Code CHAPTER 708 Offenses Against Property Rights

PART IV. Theft and Related Offenses

[§ 708-837.5.] Failure to return leased or rented personal property; penalty. A person commits the offense of failure to return leased or rented personal property other than a rental motor vehicle, when he knowingly or intentionally does not return the leased or rented personal property to the person, or his agent, from whom the personal property was leased or rented within fourteen days after the return date stated in the lease or rental contract, unless the person leasing or renting the personal property gives notice that he will not be able to return the leased or rented personal property by the date stated and with the permission of the owner of the property or his agent extends the date by which the personal property will be returned. Failure to return leased or rented personal property is a petty misdemeanor.

Idaho

IDAHO CODE STATUTES ANNOTATED PENAL CODE

TITLE 18. CRIMES AND PUNISHMENTS CHAPTER 24. THEFT

§ 18-2404. Prima facie evidence -- Theft by lessee It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument: (1) Fails or refuses to return such personal property to its owner after the lease or rental agreement has expired: (a) Within ten (10) days; and (b) Within forty-eight (48) hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement; or (2) When the lease or rent of such personal property is obtained by presentation of identification to the lessor or renter thereof which is false, fictitious, or knowingly not current to name, address, place of employment, or other identification.

Illinois

ILLINOIS COMPILED STATUTES ANNOTATED CHAPTER 720. CRIMINAL OFFENSES

CRIMINAL CODE CRIMINAL CODE OF 1961

TITLE III. SPECIFIC OFFENSES PART C. OFFENSES DIRECTED AGAINST PROPERTY

ARTICLE 16. THEFT AND RELATED OFFENSES § 720 ILCS 5/16-1.1. Theft by lessee; prima facie evidence Sec. 16-1.1. Theft by lessee; prima facie evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand. § 720 ILCS 5/16-3. [Theft of use of property, labor or services available only for hire; theft of rented or leased motor vehicle] Sec. 16-3. (a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services. (b) A person commits theft when after renting or leasing a motor vehicle, obtaining a motor vehicle through a "driveaway" service mode of transportation or renting or leasing any other type of personal property exceeding $ 500 in value, under an agreement in writing which provides for the return of the vehicle or other personal property to a particular place at a particular time, he without good cause wilfully fails to return the vehicle or other personal property to that place within the time specified, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return such vehicle or other personal property within 3 days from the mailing of the written demand, and who without good cause wilfully fails to return the vehicle or any other personal property to any place of business of the lessor within such period. (c) Sentence. A person convicted of theft under subsection (a) of this Section is guilty of a Class A misdemeanor. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony.

Kansas

KANSAS ANNOTATED STATUTES

CHAPTER 21. CRIMES AND PUNISHMENTS ARTICLE 37. CRIMES AGAINST PROPERTY

21-3702. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property. (a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof: (1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property;