Virginia Code

Va. Code Ann. § 18.2-118 (2026)

Fraudulent conversion or removal of leased personal property

✓ current as of May 2026

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A. Whenever any person is in possession or control of any personal property, by virtue of or subject to a written lease of such property, except property described in § 18.2-117 or in the Virginia Lease-Purchase Agreement Act (§ 59.1-207.17 et seq.), and such person so in possession or control shall, with intent to defraud, sell, secrete, or destroy the property, or dispose of the property for his own use, or fraudulently remove the same from the Commonwealth without the written consent of the lessor thereof, or fail to return such property to the lessor thereof within 30 days after expiration of the lease or rental period for such property stated in such written lease, he shall be deemed guilty of the larceny thereof.

B. The fact that such person signs the lease or rental agreement with a name other than his own, or fails to return such property to the lessor thereof within 30 days after the giving of written notice to such person that the lease or rental period for such property has expired, shall be prima facie evidence of intent to defraud. For purposes of this section, notice mailed by certified mail and addressed to such person at the address of the lessee stated in the lease, shall be sufficient giving of written notice under this section.

C. The venue of prosecution under this section shall be the county or city in which such property was leased or in which such accused person last had a legal residence.

D. The court shall order a person found guilty of an offense under this section to make restitution as the court deems appropriate to the lessor. Such restitution may include (i) the cost of repairing such property; (ii) if the property is not returned or cannot reasonably be repaired, the actual value of such property; and (iii) any reasonable loss of revenue by the lessor resulting from the fraudulent conversion or removal of such property.

Code 1950, § 18.1-117.1; 1966, c. 474; 1975, cc. 14, 15; 1978, c. 675; 2013, c. 536; 2014, c. 56.

Notes of Decisions

Cited in 18 cases (3 in the last 5 years), 1988–2025 · leading case: Francis Anyokorit Masika v. Commonwealth of Virginia, 757 S.E.2d 571 (Va. Ct. App. 2014).

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Francis Anyokorit Masika v. Commonwealth of Virginia, 757 S.E.2d 571 (Va. Ct. App. 2014). · cites it 38× “Francis Anyokorit Maskia, appellant, was convicted, in a bench trial, of failure to return leased property in violation of Code § 18.2-118 and felony contempt 1 in violation of Code § 18.”

Com. v. McNeal, 710 S.E.2d 733 (Va. 2011). · cites it 10× “, was convicted in a bench trial in the Circuit Court of Augusta County for failing to return rented personal property valued at more than $200 within ten days after expiration of the rental period in violation of Code § 18.2-118. In this appeal, the Commonwealth challenges the…”

McDowell v. Commonwealth, 701 S.E.2d 820 (Va. Ct. App. 2010). · cites it 26× “McDowell, II, s/k/a Roderick McDowell, appellant, was convicted, in a bench trial, of fraudulent conversion of leased property, in violation of Code § 18.2-118. On ap *311 peal, he challenges the sufficiency of the evidence, specifically that the notice requirements of Code § 18.”

Delano Compton, etc. v. Commonwealth, 473 S.E.2d 95 (Va. Ct. App. 1996). · cites it 20× “The dissent reasons that, because Code § 18.2-118 excludes the requirement of an agreement by the accused in writing, appellant should have been prosecuted under that section and, by extension, a conviction under Code § 18.”

Miller v. Commonwealth, 373 S.E.2d 721 (Va. Ct. App. 1988). · cites it 2× “Michael Eugene Miller, appellant, was convicted by a Washington County Circuit Court jury of feloniously failing to return rental property in violation of Code § 18.2-118. On appeal, he raises the following issues: (1) whether the trial court erred in failing to declare a…”

Bruhn v. Commonwealth, 559 S.E.2d 880 (Va. Ct. App. 2002). · cites it 2× “2-116, Failure to pay for or return goods delivered for selection or approval; § 18.2-118, Conversion or removal of leased property; § 18.”

James Daniel Sarka v. Commonwealth of Virginia (Va. Ct. App. 2021). · cites it 18× “Following a bench trial, the court convicted James Daniel Sarka (“appellant”) of fraudulently failing to return leased property, in violation of Code § 18.2-118. Appellant contends that because the evidence was insufficient to prove fraudulent intent, the court erred in denying…”

Kimberly M. Sharp v. Commonwealth of Virginia (Va. Ct. App. 2015). · cites it 30× “Sharp (“Sharp”) of failing to return leased property, in violation of Code § 18.2-118. She now argues that (1) the agreement she signed was not subject to the statute because it was a lease-purchase agreement, and (2) the evidence was insufficient to establish that she possessed…”

Jasmine Lanees Haley v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 23× “Jasmine Lanees Haley (appellant) was convicted of fraudulently converting rental property, in violation of Code § 18.2-118. On appeal, appellant argues that the trial court erred in finding sufficient evidence to convict her of this offense because she contends that the evidence…”

Tinesha L. Bert v. Commonwealth of Virginia (Va. Ct. App. 2011). · cites it 16× “Bert (“appellant”) was convicted by the Circuit Court for the City of Portsmouth (“trial court”) for fraudulent conversion or removal of leased personal property, in violation of Code § 18.2-118. After review of the record on appeal, we conclude that the trial court erred in…”

Johnathan Bernard Outsey v. Commonwealth of Virginia (Va. Ct. App. 2015). · cites it 16× “Outsey (“appellant”) appeals his conviction for failing to return rental property, in violation of Code § 18.2-118. Following a bench trial in the Circuit Court of the City of Norfolk (“trial court”), appellant received a two-year suspended sentence.”

Isaiah A. Green v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 6× “In Masika, this Court held that the defendant could not be convicted for failure to return leased property in violation of Code § 18.2-118 when he did not return a rental vehicle by the designated date.”

Show all 18 citing cases →

— Va. Code Ann. § 18.2-118(A) — 3 cases

James Daniel Sarka v. Commonwealth of Virginia (Va. Ct. App. 2021). “Following a bench trial, the court convicted James Daniel Sarka (“appellant”) of fraudulently failing to return leased property, in violation of Code § 18.2-118. Appellant contends that because the evidence was insufficient to prove fraudulent intent, the court erred in denying…”

Kimberly M. Sharp v. Commonwealth of Virginia (Va. Ct. App. 2015). “Sharp (“Sharp”) of failing to return leased property, in violation of Code § 18.2-118. She now argues that (1) the agreement she signed was not subject to the statute because it was a lease-purchase agreement, and (2) the evidence was insufficient to establish that she possessed…”

Johnathan Bernard Outsey v. Commonwealth of Virginia (Va. Ct. App. 2015). “Outsey (“appellant”) appeals his conviction for failing to return rental property, in violation of Code § 18.2-118. Following a bench trial in the Circuit Court of the City of Norfolk (“trial court”), appellant received a two-year suspended sentence.”

— Va. Code Ann. § 18.2-118(B) — 4 cases

Francis Anyokorit Masika v. Commonwealth of Virginia, 757 S.E.2d 571 (Va. Ct. App. 2014). “Francis Anyokorit Maskia, appellant, was convicted, in a bench trial, of failure to return leased property in violation of Code § 18.2-118 and felony contempt 1 in violation of Code § 18.”

— Va. Code Ann. § 18.2-118(a) — 5 cases

Com. v. McNeal, 710 S.E.2d 733 (Va. 2011). “, was convicted in a bench trial in the Circuit Court of Augusta County for failing to return rented personal property valued at more than $200 within ten days after expiration of the rental period in violation of Code § 18.2-118. In this appeal, the Commonwealth challenges the…”

Delano Compton, etc. v. Commonwealth, 473 S.E.2d 95 (Va. Ct. App. 1996). “The dissent reasons that, because Code § 18.2-118 excludes the requirement of an agreement by the accused in writing, appellant should have been prosecuted under that section and, by extension, a conviction under Code § 18.”

Jasmine Lanees Haley v. Commonwealth of Virginia (Va. Ct. App. 2013). “Jasmine Lanees Haley (appellant) was convicted of fraudulently converting rental property, in violation of Code § 18.2-118. On appeal, appellant argues that the trial court erred in finding sufficient evidence to convict her of this offense because she contends that the evidence…”

Jason Daniel Byrum v. Commonwealth of Virginia (Va. Ct. App. 2010).

David Elwood McNeal, Sr. v. Commonwealth of Virginia (Va. Ct. App. 2010).

— Va. Code Ann. § 18.2-118(b) — 3 cases

McDowell v. Commonwealth, 701 S.E.2d 820 (Va. Ct. App. 2010). “McDowell, II, s/k/a Roderick McDowell, appellant, was convicted, in a bench trial, of fraudulent conversion of leased property, in violation of Code § 18.2-118. On ap *311 peal, he challenges the sufficiency of the evidence, specifically that the notice requirements of Code § 18.”

Tinesha L. Bert v. Commonwealth of Virginia (Va. Ct. App. 2011). “Bert (“appellant”) was convicted by the Circuit Court for the City of Portsmouth (“trial court”) for fraudulent conversion or removal of leased personal property, in violation of Code § 18.2-118. After review of the record on appeal, we conclude that the trial court erred in…”

McDowell v. Commonwealth (ORDER) (Va. 2011).

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