ARTICLE 353
Vehicle Crimes
353.01   Entry of motor vehicle with intent to commit petit larceny.
353.02   Unlawful taking of vehicle.
353.03   Unlawfully obtaining possession of rented or leased vehicle.
353.04   Unlawful retention of rented or leased vehicle after notice.
353.05    Injuring or tampering with vehicle.
353.99   Penalty.
 
CROSS REFERENCES
Special antitheft laws - see W. Va. Code Art.17A-8
Offenses relating to property - see GEN. OFF. Art. 533
 
 
353.01 ENTRY OF MOTOR VEHICLE WITH INTENT TO COMMIT PETIT LARCENY.
   No person at any time shall break and enter or enter without breaking, with the intent to commit petit larceny, any motor vehicle or bus within the City.
(1976 Code Sec. 18-13)
353.02 UNLAWFUL TAKING OF VEHICLE.
   No person shall drive a vehicle, not his own, without consent of the owner thereof, and with intent temporarily to deprive the owner of his possession of such vehicle, without intent to steal the vehicle. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or driving, shall be guilty of a violation of this section.
(1976 Code Sec. 18-14)
353.03 UNLAWFULLY OBTAINING POSSESSION OF RENTED OR LEASED VEHICLE.
   No person, in renting or leasing a motor vehicle, shall obtain or retain possession thereof by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operator's license.
(1976 Code Sec. 18-15)
353.04 UNLAWFUL RETENTION OF RENTED OR LEASED VEHICLE AFTER NOTICE.
   No person who, having rented or leased a motor vehicle under an agreement in writing which provides for the return of such vehicle to a particular place at a particular time, and having failed to return the vehicle to such place within the time specified, and thereafter having been served with a written notice, or upon whom oral demand has thereafter personally been made, to return such vehicle to the place specified in the written agreement within seventy-two hours from the time of the service of notice or personal communication of such demand, shall fail to return such vehicle to the lessor within such period. The notice hereinabove provided for may be served in the same manner that any other notice may be served under existing statutes. (1976 Code Sec. 18-16)
353.05 INJURING OR TAMPERING WITH VEHICLE.
   (a)   No person, either individually or in association with one or more other persons, shall wilfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner thereof.
   (b)   No person, with intent to commit any malicious mischief, injury or other crime, shall climb into or upon a vehicle whether it is in motion or at rest, or with like intent to attempt to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of a vehicle while it is at rest and unattended, or with like intent to set in motion any vehicle while it is at rest and unattended. (1976 Code Sec. 18-17)
   (c)   No person, either individually or in association with one or more persons, shall wilfully injure or damage any item of special mobile equipment or break or remove any parts from an item of special mobile equipment, without the consent of the owner, which injury, damage or breakage or removal of parts shall be of an amount of less than two hundred dollars ($200.00).
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