Chapter 9.76
THEFT OF RENTAL, LEASED OR LEASE-PURCHASED PROPERTY

Sections:

9.76.010    Theft defined – Classification of crime – Applicability.

9.76.010 Theft defined – Classification of crime – Applicability.

(1) A person who, with intent to deprive the owner or owner’s agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented or leased to the person, is guilty of theft of rental, leased, or lease-purchased property.

(2) The finder of fact may presume intent to deprive if the finder of facts finds either of the following:

(A) That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner’s agent to return the property to the owner or the owner’s agent within 72 hours after receipt of proper notice following the due date of the rental, lease or lease-purchase agreement; or

(B) That the renter or lessee presented identification to the owner or the owner’s agent that was materially false, fictitious or not current with respect to name, address, place of employment or other appropriate items.

(3) As used in subsection (2) of this section, “proper notice” consists of a written demand by the owner or the owner’s agent made after the due date of the rental, lease or lease-purchase period, mailed by certified or registered mail to the renter or lessee at: (A) the address the renter or lessee gave when the contract was made; or (B) the renter’s or lessee’s last known address if later furnished in writing by the renter, lessee or the agent of the renter or lessee.

(4) The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased or lease-purchased property. Theft of rental, leased or lease-purchased property is a Class B felony if the rental, leased or lease-purchased property is valued at $1,500 or more; Class C felony if the rental, leased or lease-purchased property is valued at $250.00 or more, but less than $1,500; and gross misdemeanor if the rental, leased or lease-purchased property is valued at less than $250.00.

(5) This chapter applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements and to lease-purchase agreements as defined under RCW 63.19.010. This chapter does not apply to rental or leasing of real property under the Residential Landlord-Tenant Act, Chapter 59.18 RCW. (Ord. 1221, 2000)