Any person who willfully retains a book, newspaper, plate, picture, photograph, engraving, painting, drawing, map, magazine, document, letter, public record, microfilm, sound recording, audio visual materials in any format, magnetic or other tapes, artifacts or other documentary (written or printed) materials, or all materials of any kind whatsoever belonging to any public library for thirty days after the mailing date of a written notice demanding the return of said material and giving notice of said violation, forwarded to that person's last known address, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $200: Provided, That a date or dates designating a grace period for the return of library materials to public libraries shall be established, said dates to be established by the state Library Commission pursuant to rules and regulations promulgated thereto.
A conviction or payment of any fine shall not be construed to constitute payment for library material, nor shall a person convicted under this section be thereby relieved of any obligation to return to the library such material. Further, a conviction or payment of any fine shall not be construed as a waiver of any nominal daily fine which may be imposed by library rules, regulations or policies.
The parent or guardian of a minor who willfully commits any act prohibited by this section shall be liable for all damages so caused by the minor up to the amount of $2,500, after the parent or guardian is served with proper written notice as aforementioned.
Structure West Virginia Code
§10-1-1. &Quot;public Library" and &Quot;governing Authority" Defined
§10-1-2. Power of Governing Authority to Establish and Maintain Libraries; Financing
§10-1-3. Regional Library Defined; Apportionment of Regional Library Expenses
§10-1-3a. Authority of Regional Library Board to Disburse Funds
§10-1-4. Contract With Existing Public Library
§10-1-6. Board of Library Directors -- Powers and Duties
§10-1-7. Free Use of Libraries
§10-1-9. Library Board to Be a Corporation; Vesting of Title to Bequests or Donations
§10-1-10. Injury to Library Property; Penalty
§10-1-11. Willful Retention of Library Property
§10-1-11a. Effect of Article on Existing Laws
§10-1-12. State Library Commission
§10-1-13. State Library Commission Officers
§10-1-14. Same. Powers and Duties
§10-1-14a. West Virginia Program for Open Education Resources; Material Description
§10-1-15. State Library Commission Disposition of Monetary Gifts
§10-1-16. Regional Libraries and Library Areas Establishment and Location
§10-1-18. Regional Libraries and Library Areas Powers of West Virginia Library Commission
§10-1-19. Regional Libraries and Library Areas Transfer of Certain Libraries to Library Commission
§10-1-20. Aid to Libraries by Library Commission
§10-1-22. Confidential Nature of Certain Library Records