(a) A person is guilty of theft of a rental vehicle when:
(1) Such person, under the terms of a written rental or lease agreement, obtains a motor vehicle and, in so doing, makes a false or fraudulent representation or utilizes a false pretense or personation, trick, artifice or device; and
(2) Such person thereafter possesses such motor vehicle with the intent to permanently deprive the owner of such motor vehicle of his property.
(b) Any person who violates the provisions of this section is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than two years, or, in the discretion of the court, be confined in the county jail not more than one year and shall be fined not more than $500.
(c) For purposes of this section, the making of a false or fraudulent representation or the utilization of a false pretense or personation, trick, artifice or device shall include, but not be limited to, a false representation as to name, residence, employment, or operator's license.
Structure West Virginia Code
Article 8. Special Antitheft Laws
§17A-8-1. Report by Police of Stolen and Recovered Vehicles or Special Mobile Equipment
§17A-8-2. Reports by Owners or Lienors of Stolen and Recovered Vehicles or Special Mobile Equipment
§17A-8-3. Action by Department on Report of Stolen or Embezzled Vehicle or Special Mobile Equipment
§17A-8-4. Unlawful Taking of Vehicle
§17A-8-5. Receiving or Transferring Stolen Vehicle
§17A-8-6. Injuring or Tampering With Vehicle or Special Mobile Equipment
§17A-8-9. Theft of a Rental Vehicle; Penalty
§17A-8-10. Unlawful Retention of Rented or Leased Vehicle After Notice