(A) Any person who knowingly and willfully drives a motor vehicle off the premises of an establishment where gasoline offered for retail sale was dispensed into the fuel tank of the motor vehicle with the intent to avoid payment for the gasoline that was so dispensed shall be deemed to be guilty of the larceny thereof.
(B) If a person commits simple larceny of goods or chattels of the value of less than $1,000, such person is guilty of a misdemeanor, designated petit larceny, and upon conviction thereof, shall be confined in jail for not to exceed one year or fined not the exceed $2,500, or both in the discretion of the court. In addition to the penalties provided for by the provisions of W.Va. Code § 61-3-13, upon a second conviction for larceny of gasoline, the court shall order the suspension of the person’s license to drive a motor vehicle for six months, and upon a third or subsequent conviction, the court shall order the suspension of the person’s license to drive a motor vehicle for one year.
(C) Whenever a second or subsequent offense in had under the provisions of this section, the Clerk of the court shall transmit a certified abstract of the judgment to the Division of Motor Vehicles within 72 hours of the conviction. Upon receipt of the abstract of judgment the Division of Motor Vehicle shall enter an order suspending the person’s license to operate a motor vehicle for the appropriate time period.
(D) If a person commits simple larceny of goods or chattels of the value of less than $1,000, such a person is guilty of a misdemeanor, designated petit larceny.
(1986 Code, § 533.03) (Ord. passed 9-11-2000; Ord. passed 4-17-2007) Penalty, see § 137.99