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D. The replacement value of the property obtained must be utilized in determining
<br /> the amount involved in the theft of rental, leased, or lease-purchased property. Theft of
<br /> rental, leased, or lease-purchased property is a class B felony if the rental, leased, or
<br /> lease-purchased property is valued at one thousand five hundred dollars or more; class C
<br /> felony if the rental, leased, or lease-purchased property is valued at two hundred fifty
<br /> dollars or more but less than one thousand five hundred dollars; and gross misdemeanor
<br /> if the rental, leased, or lease-purchased property is valued at less than two hundred fifty
<br /> dollars.
<br /> E. This section applies to rental agreements that provide that the renter may return
<br /> the property any time within the rental period and pay only for the time the renter actually
<br /> retained the property, in addition to any minimum rental fee, to lease agreements, and to
<br /> lease-purchase agreements as defined under RCW 63.19.010. This section does not apply
<br /> to rental or leasing of real property under the residential landlord-tenant act, RCW
<br /> Chapter 59.18.
<br /> Is hereby amended to read as follows:
<br /> Theft of rental,leased,lease-purchased or loaned property.
<br /> A. A person who, with intent to deprive the owner or owner's agent, wrongfully
<br /> obtains, or exerts unauthorized control over, or by color or aid of deception gains control
<br /> of personal property that is rented, leased, or loaned by written agreement to the person,
<br /> is guilty of theft of rental, leased, lease-purchased, or loaned property.
<br /> B. The finder of fact may presume intent to deprive if the finder of fact finds either
<br /> of the following:
<br /> 1. That the person who rented, leased, or borrowed the property failed to return or
<br /> make arrangements acceptable to the owner of the property or the owner's agent to return
<br /> the property to the owner or the owner's agent within seventy-two hours after receipt of
<br /> proper notice following the due date of the rental, lease, lease-purchase, or loan
<br /> agreement; or
<br /> 2. That the renter, lessee, or borrower presented identification to the owner or the
<br /> owner's agent that was materially false, fictitious, or not current with respect to name,
<br /> address,place of employment, or other appropriate items.
<br /> C. As used in subsection B of this section, "proper notice" consists of a written
<br /> demand by the owner or the owner's agent made after the due date of the rental, lease,
<br /> lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee,
<br /> or borrower at:
<br /> 1. The address the renter, lessee, or borrower gave when the contract was made; or
<br /> 2. The renter's, lessee's, or borrower's last known address if later furnished in
<br /> writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.
<br /> D. The replacement value of the property obtained must be utilized in determining
<br /> the amount involved in the theft of rental, leased, lease-purchased, or loaned property.
<br /> Theft of rental, leased, lease-purchased, or loaned property is a class B felony if the
<br /> rental, leased, lease-purchased, or loaned property is valued at one thousand five hundred
<br /> dollars or more; class C felony if the rental, leased, lease-purchased, or loaned property is
<br /> valued at two hundred fifty dollars or more but less than one thousand five hundred
<br /> 2
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