Whenever any shot is fired or missile thrown at, against or upon any body of the National Guard, or upon any officer or member thereof, assembling or assembled for the performance of any duty under the provisions of this article, it shall forthwith be the duty of every person in the assembly from which such shot is fired, or missile thrown, to immediately disperse and retire therefrom, without awaiting any order to do so; and any person knowing or having reason to believe that a shot has been so fired, or missile thrown from any assembly of which such person forms a part or with which he is present, and failing without lawful excuse to retire immediately from such assembly, shall be guilty of a misdemeanor; and any person so remaining in such assembly, after being duly commanded to disperse, shall be guilty of a felony and, on conviction shall be imprisoned in the penitentiary not less than one nor more than two years.
Structure West Virginia Code
Article 1D. Active State Service
§15-1D-1. Calling Out National Guard by Governor
§15-1D-3. Use of Military Force to Disperse Riots, etc.
§15-1D-5. Power of Officers to Arrest, Disperse or Quell Persons Rioting, etc.
§15-1D-6. Assaults on National Guard or Persons Aiding It
§15-1D-8. Duty to Retire From Unlawful Assembly
§15-1D-9. National Guard to Have Right-of-Way; Exceptions
§15-1D-10. Regulation of Occupancy of Streets for Passage of National Guard
§15-1D-11. Transportation of Officers and Men