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B. The finder of fact may presume intent to deprive if the finder of fact finds either of the
<br /> following:
<br /> 1. That the person who rented, leased, or borrowed the property failed to return or make
<br /> arrangements acceptable to the owner of the property or the owner's agent to return the
<br /> 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 demand by the
<br /> owner or the owner's agent made after the due date of the rental, lease, lease-purchase, or loan
<br /> period, mailed by certified or registered mail to the renter, lessee, 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 writing
<br /> 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 the amount
<br /> involved in the theft of rental, leased, lease-purchased, or loaned property. Theft of rental, leased,
<br /> lease-purchased, or loaned property is a class B felony if the rental, leased, lease-purchased, or
<br /> loaned property is valued at one thousand five hundred dollars or more; class C felony if the
<br /> rental, leased, lease-purchased, or loaned property is valued at two hundred fifty dollars or more
<br /> but less than one thousand five hundred dollars; and gross misdemeanor if the rental, leased,
<br /> lease-purchased, or loaned property is valued at less than two hundred fifty dollars.
<br /> E. This section applies to rental agreements that provide that the renter may return the property
<br /> any time within the rental period and pay only for the time the renter actually retained the
<br /> property, in addition to any minimum rental fee, to lease agreements, to lease-purchase
<br /> agreements as defined under RCW 63.19.010, and to vehicles loaned to prospective purchasers
<br /> borrowing a vehicle by written agreement from a motor vehicle dealer licensed under Chapter
<br /> 46.70 RCW. This section does not apply to rental or leasing of real property under the residential
<br /> landlord-tenant act, Chapter 59.18 RCW.
<br /> •
<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 obtains, or
<br /> exerts unauthorized control over, or by color or aid of deception gains control of personal
<br /> property that is rented, leased, or loaned by written agreement to the person is guilty of theft of
<br /> rental, leased, lease-purchased, or loaned property.
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