Any person who violates any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than $1,000 for each occurrence, or incarcerated in the county or regional jail for a term not to exceed one year, or both fined and incarcerated. Any person who violates any of the provisions of this article shall for a second offense be guilty of a felony and, upon conviction thereof, shall be fined not less than five hundred nor more than $3,000, or incarcerated in the penitentiary not less than one nor more than three years, or, in the discretion of the court, be incarcerated in the county jail for a term not to exceed one year.
Structure West Virginia Code
Chapter 35. Property of Religious, Educational and Charitable Organizations
Article 5B. Preneed Cemetery Company Property, Goods and Services; Related Contracts
§35-5B-2. Information Filing; Fees, Compliance Agent
§35-5B-4. Deposit in Preneed Trust Required; Who May Serve as Trustee
§35-5B-5. Requirements for Preneed Cemetery Company Contracts
§35-5B-6. Identification of Funds
§35-5B-7. Corpus of Trust Account and Income to Remain in Preneed Trust Account; Exception
§35-5B-8. Disbursement of Trust Funds Upon Performance of Contract; Mausoleum Construction Required
§35-5B-9. Seller Required to Keep Records
§35-5B-10. Financial Report and Written Assurance Required
§35-5B-11. Inclusion of Property, Goods and Services to Be Delivered Within One Hundred Twenty Days
§35-5B-12. Breach of Contract by Seller; Trust to Be Single Purpose Trust
§35-5B-13. Trustee May Rely on Certifications and Affidavits
§35-5B-14. Transfer of Trust Funds to Another Trustee
§35-5B-15. Use of Trustee's Name in Advertisements
§35-5B-16. Cemetery Property Maintained by Cemetery Company
§35-5B-17. Waiver of Article Void