CHAPTER 361

AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO A NEW CRIMINAL OFFENSE FOR THE INTENTIONAL OR FRADULENT TAKING AND CARRYING AWAY, SECRETION OR CONVERSION BY A PERSON OF THE LEASED OR RENTED PERSONAL PROPERTY OF ANOTHER, PROVIDING FOR EVIDENCE OF INTENTION TO COMMIT SUCH AN OFFENSE AND PROVIDING PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Delaware Code, is amended by adding thereto a new section to read:

§ 648. Unlawful conversion of rented property; presumption; penalties

(a) Any person who shall intentionally or fraudulently, or by any false pretense, take, carry, lead, drive away, destroy, sell, secrete, convert, or appropriate in any wrongful manner, personal property which was leased, rented or entrusted to him by another person or who causes or procures others to report falsely of his wealth or mercantile credit and thereby fraudulently obtains possession of personal property or the labor or service of another, is guilty of unlawful conversion.

(b) It shall be prima facie evidence of intent to commit an unlawful conversion when one who has leased or rented the personal property of another fails to return or make arrangements acceptable with the lessor to return the personal property to its owner within ten (10) days after proper notice following the expiration of the lease or rental agreement, or presents identification to the lessor or rentor thereof which is false, fictitious or not current with respect to name, address, place of employment or other appropriate items.

(c) Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to

the lessee at the address given at the time of making the lease or rental agreement.

(d) Whoever violates the provisions of this section shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned not more than six months, or both.

Approved June 28, 1968.