§ 14-168.4. Failing to return rented property on which there is purchase option. - North Carolina Statutes

§ 14‑168.4.  Failing toreturn rented property on which there is purchase option.

(a)        It shall be a Class2 misdemeanor for any person to fail to return rented property with intent todefeat the rights of the owner, which is rented pursuant to a written rentalagreement in which there is an option to purchase the property, after the dateof termination provided in the agreement has occurred or, if the terminationdate is the occurrence of a specified event, then that such event has in factoccurred.

(b)        Intent to committhe crime set forth in subsection (a) may be presumed from the followingevidence:

(1)        Evidence that thedefendant has disposed of the property, or has encumbered the property byallowing a security interest to be placed on the property or by delivering theproperty to a pawnbroker; or

(2)        Evidence that thedefendant has refused to deliver the property to the sheriff or other officercharged with the execution of process directed to him for its seizure, after ajudgment for possession of the property or a claim and delivery order for theproperty has been issued; or

(3)        Evidence that thedefendant has moved the rented property out of state and has failed to notifythe owner of the new location of the property.

However, this presumption may berebutted by evidence from the defendant that he has no intent to defeat therights of the owner of the property.

(c)        Violations of thisArticle for failure to return rented property which is rented pursuant to awritten rental agreement in which there is an option to purchase shall beprosecuted only under this section. (1987 (Reg. Sess., 1988), c. 1065, s. 3; 1993, c. 539,s. 114; 1994, Ex. Sess., c. 24, s. 14(c).)