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SB 705

Creating offense of theft by conversion

2026 Regular Session Introduced by Vince Deeds and 2 co-sponsors

West Virginia criminalizes "theft by conversion," making it illegal to exercise unauthorized control over another's property with intent to deprive them of it, expanding theft offense definitions.

Vetoed by Governor 4/1/2026
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Bill Summary · SB 705

Legislative bill overview

SB 705 establishes a new criminal offense in West Virginia law called "theft by conversion," which criminalizes the unauthorized exercise of control over someone else's property with intent to deprive them of it. The bill creates statutory language defining this offense and establishes penalties for violations. This expands West Virginia's theft statutes beyond traditional theft definitions.

Why is this important

The bill clarifies and codifies conversion—a civil concept from property law—into criminal statute, potentially increasing prosecutorial tools for property crimes. This affects both defendants facing charges and property owners seeking legal recourse, as conversion offenses typically involve situations where someone lawfully obtains property but then unlawfully keeps or uses it beyond agreed terms (like borrowing and not returning).

Potential points of contention

  • Vagueness concerns: "Intent to deprive" language may be subject to interpretation disputes, potentially affecting whether certain business disputes or contractual disagreements become criminal matters
  • Overlap with existing law: Critics may argue this duplicates existing theft, larceny, or embezzlement statutes, creating redundant charges and prosecutorial discretion issues
  • Scope creep: Conversion crimes can apply to situations involving borrowed property, rental disputes, or business disagreements, raising concerns about criminalizing conduct that might be better handled civilly

Compiled from official sources — confirm details with the bill’s official record.

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