A person who rents or leases a vehicle or other personal property and obtains or retains possession of it by means of any false or fraudulent representation, fraudulent concealment, false pretense, trick, artifice or device, including a false representation as to the person's name, residence, employment or operator's license, is guilty of a:

1. A. petty misdemeanor if the vehicle or property has a value of two hundred fifty dollars ($250) or less;
2. B. misdemeanor if the vehicle or property has a value of over two hundred fifty dollars ($250) but not more than five hundred dollars ($500);
3. C. fourth degree felony if the property or vehicle has a value of over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500);
4. D. third degree felony if the property or vehicle has a value of over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000); and
5. E. second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000).

History: 1953 Comp., § 40A-16-39, enacted by Laws 1972, ch. 23, § 1; 1979, ch. 251, § 1; 2006, ch. 29, § 14.

ANNOTATIONS

The 2006 amendment, effective July 1, 2006, provided in Subsection A that if the value of the vehicle is $250 or less, the crime is a petty misdemeanor; provided in Subsection B that if the value of the vehicles is more than $250 but less than $500, the crime is a misdemeanor; provided in Subsection C that if the value of the vehicle is more than $500 but less than $2,500, the crime is a fourth degree felony; provided in Subsection D that if the value of the vehicle is more than $2,500 but less than $20,000, the crime is a third degree felony; and provided in Subsection E that if the value of the vehicle is more than $20,000, the crime is a second degree felony.

Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.