2026 Regular Session
SB 705
Creating offense of theft by conversion
Vetoed
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Vetoed
Bill overview
This bill creates a new crime in West Virginia called ‘theft by conversion.’ It defines this offense as knowingly using funds or property that someone else entrusted to you for a specific purpose, without permission, violating an agreement or legal obligation. Penalties range from a misdemeanor for smaller amounts to a felony for larger amounts, with potential jail time and fines.
Key provisions
- Defines ‘property’ to include leased personal property and heavy equipment.
- Establishes criminal penalties for theft by conversion, varying based on the value of the stolen funds or property.
- Requires restitution to victims who have been harmed by the offense.
- Specifies venue for prosecution of the crime as the defendant’s county of residence, the victim’s county, or the location of the property.
- The offense applies even if the defendant uses their own funds to fulfill the original agreement.
- ‘Funds’ is defined to include cash, payment instruments, and electronic fund transfers.
Who is affected
- Individuals who misuse entrusted funds or property.
- Businesses that lease or rent property.
- Individuals who are victims of theft by conversion.
- Law enforcement agencies.
- The judicial system
Notable changes
- Creates a specific criminal offense for ‘theft by conversion’ not previously defined in West Virginia law.
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