(a) It is unlawful for any person, while engaged in the act of hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot, wound or kill another person.
(b) Anyone who negligently shoots, wounds or injures another person while hunting, not resulting in serious bodily injury or death, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than six months, or both fined and confined.
(c) Anyone who negligently shoots and injures another person while hunting, resulting in serious bodily injury or death, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 or confined in jail for not more than one year, or both fined and confined.
(d) For purposes of this section, serious bodily injury means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(e) (1) Any person who, while hunting, discharges a firearm or arrow and knows or has reason to know that the discharge has caused bodily harm to another person shall:
(A) Immediately investigate the extent of the person's injuries; and
(B) Render immediate reasonable assistance to the injured person.
(2) As used in this subsection, "reasonable assistance" means aid appropriate to the circumstances, including by not limited to obtaining or attempting to obtain assistance from a natural resources police officer, law-enforcement officer, 911 dispatchers, emergency medical providers and medical personnel.
(f) Any person who fails to render aid and assistance to an injured person as required by subsection (e), to an injured party who has not sustained a serious bodily injury is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 and confined in jail for not more than one year, or both fined and confined.
(g) Any person who fails to render aid as required by subsection (e) to an injured party who has sustained a serious bodily injury or dies as a result of their injuries is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(h) Any person found guilty of committing a misdemeanor under this section shall have their hunting and fishing licenses suspended for a period of five years from the date of conviction or the date of release from confinement, whichever is later.
(i) Any person found guilty of committing a felony offense under this section shall have their hunting and fishing licenses suspended for a period of ten years from the date of conviction or the date of release from incarceration, whichever is later.
Structure West Virginia Code
§20-2-1. Declaration of Policy
§20-2-1a. Wildlife Resources Division; Organization and Administration
§20-2-2. Violations of Article
§20-2-2a. Interference With Hunters, Trappers and Fishermen
§20-2-3. State Ownership of Wildlife
§20-2-4. Possession of Wildlife
§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts; Sunday Hunting
§20-2-5e. Assessment Fee for Decoy Animals
§20-2-5f. Nonresident Dog Training for Coon Hunting; Training Season
§20-2-5g. Use of a Crossbow to Hunt
§20-2-5h. Elk Management Area; Elk Damage Fund; Criminal Penalties; Rule-Making
§20-2-5i. Waste of Game Animals, Game Birds, or Game Fish; Penalties
§20-2-5j. Leashed Dogs for Tracking Mortally Wounded Deer or Bear
§20-2-5k. Use of Air Rifles to Hunt
§20-2-6. Carrying Gun on Landowner's Land
§20-2-7. Hunting, Trapping or Fishing on Lands of Another; Damages and Restitution
§20-2-8. Posting Unenclosed Lands; Hunting, etc., on Posted Land
§20-2-9. Unlawful Posting of Lands
§20-2-10. Destruction, etc., of Signs Posted Under Chapter
§20-2-11. Sale of Wildlife; Transportation of Same
§20-2-12. Transportation of Wildlife Out of State; Penalties
§20-2-13. Importation of Wildlife; Certification and Inspection of Imported Wildlife
§20-2-14. Propagation of Wildlife for Commercial Purposes
§20-2-17. Hunting Fur-Bearing Animals; Possession of Fur; Disturbing Traps of Another
§20-2-18. Number and Types of Traps
§20-2-21. Reporting Beaver and Otter Pelts Taken and Tagged
§20-2-22. Tagging, Removing, Transporting and Reporting Bear, Deer, Wild Boar and Wild Turkey
§20-2-23. Outfitters and Guides -- Generally; Definitions
§20-2-23b. Whitewater Study and Improvement Fund
§20-2-23c. Voluntary Contributions to Whitewater Advertising and Promotion Fund
§20-2-23d. Bond; Revocation of License; Licensing Carrying Requirement; Criminal Penalties
§20-2-23e. Implementation of Allocation Methodology
§20-2-24. Outfitters and Guides -- Qualifications
§20-2-25. Same -- License Applications; National Forest Requirements
§20-2-26. Same -- License Fee; Bond; Revocation of License; Penalties
§20-2-27. Necessity for License
§20-2-28. When Licenses or Permits Not Required
§20-2-29. Conservation of Species and Request for Public Records
§20-2-31. Size and Form of License and Tag; Contents; Unlawful to Alter Licenses or Permits; Penalty
§20-2-32. Issuance of Licenses; Duplicate Licenses
§20-2-33. Authority of Director to Designate Agents to Issue Licenses; Bonds; Fees
§20-2-33b. Electronic Application Donation to Fund the Coyote Management Program
§20-2-34. Disposition of License Fees and Donations; Reports of Agents; Special Funds and Uses
§20-2-35. Period During Which License Valid
§20-2-36a. Hunting or Fishing When License Revoked; Penalty
§20-2-38. Refusal or Revocation of License or Permit
§20-2-42. Effective Date and Indexing of License and Stamp Fees
§20-2-42a. Class a Resident Hunting and Trapping License
§20-2-42b. Class B Resident Fishing License
§20-2-42c. Class C Courtesy Statewide Hunting and Fishing License
§20-2-42d. Class E Nonresident Hunting and Trapping License
§20-2-42e. Class Ee Nonresident Bear Hunting License
§20-2-42f. Class F Nonresident Fishing License
§20-2-42g. Class H Nonresident Small Game Hunting License
§20-2-42h. Class J Nonresident Small Game Shooting Preserve License
§20-2-42i. Class Ll Nonresident One-Day Fishing License
§20-2-42j. Class X Resident Hunting, Fishing and Trapping License
§20-2-42l. Class A-L Small Arms Hunting Stamp
§20-2-42m. Class I Nonresident National Forest Hunting, Trapping and Fishing Stamp
§20-2-42n. Class N Resident and Class Nn Nonresident Antlerless Deer Hunting Stamp
§20-2-42o. Class O Resident and Class Oo Nonresident Trout Fishing Stamp
§20-2-42p. Class Rg Resident and Class Rrg Nonresident Gun Deer Hunting Stamp for an Additional Deer
§20-2-42s. Class Uu Nonresident Archery Deer Hunting Stamp
§20-2-42t. Class Vv Nonresident Muzzle-Loading Deer Hunting Stamp
§20-2-42u. Class Ww Nonresident Turkey Hunting Stamp
§20-2-42v. Class Bg Resident Big Game Stamp
§20-2-42w. Class Y Special Crossbow Hunting Permit for Certain Disabled Persons
§20-2-42x. Class Xs Resident Senior Hunting, Fishing and Trapping License
§20-2-42y. Class Ah, Ahj, Aah, Aahj Apprentice Hunting and Trapping Licenses; Penalties
§20-2-42z. Class L Resident Five-Day Fishing License
§20-2-44b. Bear Damage Stamp; Proceeds to Be Paid Into Bear Damage Fund; Purposes, etc.
§20-2-46e. Class Q Special Hunting Permit for Disabled Persons
§20-2-47. License for Private Game Farm for Propagating Animals and Birds for Commercial Purposes
§20-2-49. Licenses for Dealers in Furs, Pelts, etc.
§20-2-50. Permit to Hunt, Kill, etc., Wildlife for Scientific or Propagation Purposes
§20-2-50a. Wildlife Damage Control Agents; Licensing
§20-2-51. Permit for Keeping Pets
§20-2-52. Permits for Roadside Menageries
§20-2-53. License for Privately Owned Commercial Fishing Preserve
§20-2-54. License for Privately-Owned Commercial Shooting Preserves
§20-2-55. License to Catch and Sell Minnows or Other Bait Fish
§20-2-56a. Bird Dog Training Permit
§20-2-58. Shooting Across Road or Near Building or Crowd; Penalty
§20-2-59. License to Take Fish and Mussels for Commercial Purposes in Certain Waters
§20-2-60. Required Attire for Deer Hunters; Exemption; Penalty
§20-2-62. Persons Exempt From Obtaining Hunting and Fishing Licenses; Qualification
§20-2-64. Regulating Release of Fish, Water Animal and Other Aquatic Organisms; Stocking Permit