(a) A person who, while a video lottery game is being played, uses, or assists another person in the use of, an electronic, electrical or mechanical device which is designed, constructed or programmed specifically for use in obtaining an advantage at playing any video lottery game is guilty of a felony and, upon conviction thereof, shall for a first offense be confined in a state correctional facility for at least one year but not more than five years, or shall be fined not less than $1,000 nor more than $5,000, or both.
(b) A second and each subsequent offense under this section shall be a felony and, upon conviction thereof, the person shall be confined in a state correctional facility for a term of not less than one year nor more than three years, and fined not less than $5,000 nor more than $25,000, except that, in the case of a person other than an individual, the fine may be not less than $50,000 nor more than $100,000.
Structure West Virginia Code
Chapter 29. Miscellaneous Boards and Officers
Article 22B. Limited Video Lottery
§29-22B-102. Authorization for Limited Video Lottery; Regulation by Lottery Commission
§29-22B-201. Legislative Finding; Constitutional Authority; Limited Video Lottery Is a Lottery
§29-22B-203. Legislative Finding; License to Participate in Limited Video Lottery Is a Privilege
§29-22B-301. Applicability of Definitions
§29-22B-302. Applicant Defined
§29-22B-303. Associated Equipment Defined
§29-22B-304. Background Investigation Defined
§29-22B-305. Central Computer, Central Control Computer or Central Site System Defined
§29-22B-306. Commission or State Lottery Commission Defined
§29-22B-309. Disable or Terminal Disable Defined
§29-22B-311. Eprom and Erasable Programmable Read-Only Memory Chips Defined
§29-22B-312. Identification Document Defined
§29-22B-313. Indirect Ownership Defined
§29-22B-316. Limited Video Lottery Retailer Defined
§29-22B-318. Manufacturer Defined
§29-22B-319. National Criminal History Background Check System Defined
§29-22B-320. Net Terminal Income and Gross Terminal Income Defined
§29-22B-324. Permittee Defined
§29-22B-327. Resident of This State Defined
§29-22B-328. Restricted Access Adult-Only Facility Defined
§29-22B-329. Service Technician Defined
§29-22B-330. Video Lottery Defined
§29-22B-331. Video Gambling Machine Defined
§29-22B-332. Video Lottery Game Defined
§29-22B-333. Video Lottery Terminal Defined
§29-22B-401. General Authority of State Lottery Commission and Director; Conflicts
§29-22B-402. Powers and Duties of the State Lottery Commission
§29-22B-403. Powers and Duties of the Director
§29-22B-404. Advertising by Commission or Director
§29-22B-501. Types of Licenses Issued for Participation in Limited Video Lottery Activities
§29-22B-502. General Qualifications for All Types of Limited Video Lottery Licenses
§29-22B-503. Additional Qualifications for an Applicant for an Operator S License
§29-22B-505. Additional Qualification for an Applicant for a Service Technician's License
§29-22B-506. Additional Qualifications for an Applicant for a Manufacturer's License
§29-22B-507. Persons Having Control of an Applicant for a Limited Video Lottery License
§29-22B-508. Commission Action on Applications
§29-22B-509. Incomplete Application Not to Be Considered
§29-22B-510. Burden of Proving Qualification for License
§29-22B-511. Issuance of Order Refusing to Issue or Renew License, or Suspending or Revoking Same
§29-22B-512. Review of Continuing Eligibility for License
§29-22B-513. Application Forms and Other Documents
§29-22B-514. Failure to Reveal Material Fact; False or Misleading Material
§29-22B-516. Applicant Bears the Risk of Adverse Publicity
§29-22B-517. Renewal of Licenses
§29-22B-518. Annual License Fees
§29-22B-601. Establishment of Procedures for Background Investigations
§29-22B-602. Responsibility of State Police in Conducting Background Investigations
§29-22B-603. Guidelines for Background Investigations
§29-22B-604. Applicant's Rights Regarding Background Investigations
§29-22B-701. General Duties of All Licensees
§29-22B-702. Additional Duties of Limited Video Lottery Retailers
§29-22B-703. Additional Duties of Limited Video Lottery Retailers Who Are Permittees
§29-22B-704. Duties of Limited Video Lottery Retailer Regarding Payment of Credits
§29-22B-705. Additional Duties of Manufacturers
§29-22B-706. Additional Duties of Operators
§29-22B-707. Additional Duties of Service Technicians
§29-22B-802. Testing of Video Lottery Terminals and Associated Equipment
§29-22B-803. Reporting of Testing Results
§29-22B-901. Hardware Specifications
§29-22B-902. Control of Electrical Power
§29-22B-903. Coin or Bill Acceptors
§29-22B-904. Security; Access to the Interior of Video Lottery Terminals
§29-22B-905. Printing Mechanism
§29-22B-906. Identification Plate
§29-22B-907. Display of Information on Terminal Face or Screen
§29-22B-908. Communication With Central Computer System
§29-22B-909. Random Number Generator Required
§29-22B-911. Continuation of Current Game After Malfunction
§29-22B-912. Electronic Accounting Required
§29-22B-1001. Manufacturer Must Be Licensed
§29-22B-1002. Manufacturers May Sell or Lease Only to Permittees
§29-22B-1003. Terminals Must Be Approved
§29-22B-1004. Purchase or Lease by Permittees
§29-22B-1101. Limitation on Number and Location of Video Lottery Terminals
§29-22B-1104. Reservation of Authority to Have Video Lottery Terminals on or Before August 1, 2001
§29-22B-1106. Allocation of Permits to Own or Lease Video Lottery Terminals by Sealed Bid
§29-22B-1108. Preference for Current Permit Holders
§29-22B-1109. Bid Bond Required
§29-22B-1111. Reduction of Video Lottery Terminals Authorized in a Retailer's License
§29-22B-1112. Reduction of Gambling
§29-22B-1201. Placement of Video Lottery Terminals
§29-22B-1203. Registration Decals
§29-22B-1204. Installation of Approved Lottery Terminals
§29-22B-1205. Transportation From Manufacturer and Registration of Video Lottery Terminals
§29-22B-1206. Any Other Transportation of Video Lottery Terminals
§29-22B-1301. Maintenance of Video Lottery Terminals
§29-22B-1304. Repairs to Logic Board or Circuitry
§29-22B-1401. Accounting for the State's Share of Gross Terminal Income
§29-22B-1402. Resolution of Discrepancies
§29-22B-1403. Payover of State's Share of Gross Terminal Income
§29-22B-1404. Permittees to Furnish Bank Authorizations
§29-22B-1405. State's Share of Gross Terminal Income Held in Trust
§29-22B-1406. Examination of Permittee Books and Records
§29-22B-1407. Civil Penalty for Failure to Pay Over State's Share of Gross Terminal Income
§29-22B-1408. Distribution of State"s Share of Gross Terminal Income
§29-22B-1502. Contents of Petition for Hearing; Security
§29-22B-1503. Hearing Procedures
§29-22B-1601. Imposition of Civil Penalties by the Commission
§29-22B-1602. Civil Penalties Applicable to Limited Video Lottery Retailers
§29-22B-1603. Civil Penalties Applicable to Service Technicians
§29-22B-1604. Civil Penalties Applicable to Permittees
§29-22B-1605. Civil Penalties Applicable to Manufacturers
§29-22B-1606. Civil Penalties for Failure of Licensees to Perform Duties
§29-22B-1607. Civil Action to Collect Penalty
§29-22B-1702. Criminal Penalties for Unlawful Inducement
§29-22B-1703. Criminal Penalty for Unauthorized Game on Authorized Video Lottery Terminal
§29-22B-1704. Criminal Penalty for Unauthorized Video Lottery Terminal
§29-22B-1705. Criminal Penalty for Possession of Video Gambling Machine
§29-22B-1706. Criminal Penalty for Expired Operator or Limited Video Lottery Retailer's License
§29-22B-1708. Criminal Penalty for Tampered Game, Terminal, Device or Other Equipment
§29-22B-1709. Criminal Penalty for Deceptive Practices
§29-22B-1710. Employment of Unlicensed Person Who Is Required to Be Licensed
§29-22B-1712. Criminal Penalty for Use of Device That Gives Player an Unauthorized Advantage
§29-22B-1713. Criminal Penalty for Violation of Rules of Play
§29-22B-1714. Criminal Penalty for Corrupt Combinations, Collusions or Conspiracies Prohibited
§29-22B-1801. Video Gambling Machines Declared Contraband
§29-22B-1803. Items Subject to Forfeiture
§29-22B-1804. Procedure for Seizure of Forfeitable Property
§29-22B-1805. Procedures for Forfeiture
§29-22B-1806. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments
§29-22B-1807. Disposition of Other Forfeited Property; Distribution of Proceeds
§29-22B-1901. Effect of This Article on Certain Taxes