West Virginia Code
Article 3. Crimes Against Property
§61-3-12. Entry of Building Other Than Dwelling; Entry of Railroad, Traction or Motorcar, Steamboat, or Other Vessel; Penalties; Counts in Indictment


If any person shall, at any time, break and enter, or shall enter without breaking, any office, shop, storehouse, warehouse, banking house, or any house or building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, any railroad or traction car, propelled by steam, electricity or otherwise, any steamboat or other boat or vessel, or any commercial, industrial or public utility property enclosed by a fence, wall, or other structure erected with the intent of the property owner of protecting or securing the area within and its contents from unauthorized persons, within the jurisdiction of any county in this state, with intent to commit a felony or any larceny, he or she shall be deemed guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one nor more than 10 years. And if any person shall, at any time, break and enter, or shall enter without breaking, any automobile, motorcar, or bus, with like intent, within the jurisdiction of any county in this state, he or she shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than 12 months and be fined not exceeding $100.
An indictment for burglary may contain one or more counts for breaking and entering, or for entering without breaking, the house or building mentioned in the count for burglary under the provisions of this section and §61-3-11 of this code.

Structure West Virginia Code

West Virginia Code

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property

§61-3-1. Burning, etc., of a Dwelling or Outbuilding; First Degree Arson; Penalty; Definitions

§61-3-2. Burning, etc., of Other Buildings or Structures; Second Degree Arson; Penalty

§61-3-3. Burning Personal Property of Another of the Value of Five Hundred Dollars or More; Third Degree Arson; Penalty

§61-3-4. Attempt to Commit Arson; Fourth Degree Arson; Penalty

§61-3-5. Burning, or Attempting to Burn, Insured Property; Penalty

§61-3-6. Willfully, Unlawfully and Maliciously Setting Fire on Lands; Penalty

§61-3-7. Causing Injuries During an Arson-Related Crime; Penalties

§61-3-8. Recovery of Costs Incurred in Fighting Fires Caused by Arson

§61-3-11. Burglary; Entry of Dwelling or Outhouse; Penalties

§61-3-12. Entry of Building Other Than Dwelling; Entry of Railroad, Traction or Motorcar, Steamboat, or Other Vessel; Penalties; Counts in Indictment

§61-3-13. Grand and Petit Larceny Distinguished; Penalties

§61-3-14. Larceny of Bank Notes, Checks, Writings of Value and Book Accounts; Penalty

§61-3-15. How Value of Notes, Book Accounts and Other Writings Determined

§61-3-16. Larceny of Things Savoring of Realty

§61-3-18. Receiving or Transferring Stolen Goods

§61-3-19. Bringing Into This State, Receiving or Disposing of Property Stolen in Another State; Penalty

§61-3-20. Embezzlement

§61-3-20a. Embezzlement by Misuse of Power of Attorney or Other Fiduciary Relationship; Penalty

§61-3-21. Embezzlement by Carrier or Other Person

§61-3-22. Falsifying Accounts; Penalty

§61-3-22a. Possession or Use of Automated Sales Suppression Devices; Penalty

§61-3-23. Destroying or Concealing Will; Embezzlement by Fiduciary; Penalty

§61-3-24. Obtaining Money, Property and Services by False Pretenses; Disposing of Property to Defraud Creditors; Penalties

§61-3-24a. Attempted or Fraudulent Use, Forgery, Traffic of Credit Cards; Possession and Transfer of Credit Cards and Credit Card Making Equipment; False or Fraudulent Use of Telephonic Services; Penalties

§61-3-24b. Making, Selling, Possessing, Transferring or Advertising for Sale a Device or Plans for a Device Designed to Obtain or Use Telephone or Telegraph Service or Facilities by False or Fraudulent Means; Penalty

§61-3-24c. Intercepting or Monitoring Customer Telephone Calls; Penalty

§61-3-24d. Fraudulent Schemes; Cumulation of Amounts Where Common Scheme Exists; Penalties

§61-3-24e. Omission to Subscribe for Workers' Compensation Insurance; Failure to File a Premium Tax Report or Pay Premium Taxes; False Testimony or Statements; Failure to File Reports; Penalties; Asset Forfeiture; Venue

§61-3-24f. Wrongfully Seeking Workers' Compensation; False Testimony or Statements; Penalties; Venue

§61-3-24g. Workers' Compensation Health Care Offenses; Fraud; Theft or Embezzlement; False Statements; Penalties; Notice; Prohibition Against Providing Future Services; Penalties; Asset Forfeiture; Venue

§61-3-24h. Providing False Documentation to Workers' Compensation, to the Insurance Commissioner or a Private Carrier of Workers' Compensation Insurance; Altering Documents or Certificates From Workers' Compensation; Penalties; Venue

§61-3-25. Casting Away, Destroying or Interfering With Floating Craft or Material; Penalty

§61-3-26. Interference With or Destruction of Buoys, Signal Lights or Other AIDS to Navigation; Penalty

§61-3-27. Malicious Killing of Animals by Poison or Otherwise; Penalty

§61-3-28. Offenses Against Railroad Property and Persons on Railroad Property; Definitions

§61-3-29. Damage or Destruction of Railroad or Public Utility Company Property, or Real or Personal Property Used for Producing, Generating, Transmitting, Distributing, Treating or Collecting Electricity, Natural Gas, Coal, Water, Wastewater, Stormwa...

§61-3-30. Removal, Injury to or Destruction of Property, Monuments Designating Land Boundaries and of Certain No Trespassing Signs; Penalties

§61-3-31. Damage to or Destruction of Property by Bailee for Hire or Loan; Penalty; Damages Recoverable in Civil Action

§61-3-32. Removal Out of County of Property Securing Claim; Penalties; Fraudulent Disposition of Personal Property in Possession by Virtue of Lease; Notice to Return; Failure to Return; Penalty; Right to Immediate Possession

§61-3-33. Entry Upon Inclosed Lands; Penalty; Liability for Damages

§61-3-34. Taking or Injuring Garden or Field Crops; Penalties

§61-3-35. Digging Cultivated Ginseng; Penalty

§61-3-36. Anchoring or Beaching Shanty Boats on Lands of Another; Penalties

§61-3-37. False Statement as to Financial Condition of Person, Firm or Corporation; Penalty

§61-3-38. Publication of False Advertisements; Penalty

§61-3-39. Obtaining Property in Return for Worthless Check; Penalty

§61-3-39a. Making, Issuing, etc., Worthless Checks on a Preexisting Debt; Penalty

§61-3-39b. Payment as Defense

§61-3-39c. Reason for Dishonor; Duty of Drawee

§61-3-39d. Prima Facie Evidence of Knowledge; Identity; Penalty for Providing False Information

§61-3-39e. Notice of Dishonor by Payee; Service Charge

§61-3-39f. Manner of Filing Complaint for Warrant; Form

§61-3-39g. Complaint; Notice of Complaint; Issuance of Warrant; Payment Procedures; Costs

§61-3-39h. Payment of Costs in Worthless Check Cases; Disposition of Certain Costs

§61-3-39i. Preparation of List of Worthless Check Warrants

§61-3-39j. Use of Worthless Check List Upon Receipt of Complaint for Warrant

§61-3-39k. Duties of Prosecuting Attorney Upon Receipt of Notice of Multiple Worthless Check Warrants; Magistrate Court Clerk to Advise Complainant

§61-3-39m. Creation and Operation of a Program for Worthless Check Offenders; Acceptance of Person in Program

§61-3-39n. Notice to Persons Accepted to the Worthless Check Restitution Program

§61-3-39o. Agreement to Suspend Prosecution of a Person Accepted Into the Restitution Program

§61-3-39p. Fees for Participation in the Worthless Check Restitution Program

§61-3-39q. Statements by Individuals Referred to or Participating in the Worthless Check Restitution Program

§61-3-40. Fraudulently Obtaining Food or Lodging; Penalty

§61-3-41. Employees Conservators of the Peace; Special Railroad Policemen; Penalties

§61-3-42. Intoxication of Person in Charge of Locomotive Engine or Car; Penalties

§61-3-43. Jumping on or Off Car or Train in Motion; Driving Vehicle Upon Track or Bridge Except at Crossings; Penalty

§61-3-44. Procuring Gas, Water or Electricity, by Device, With Intent to Defraud; Penalty

§61-3-45. Tampering With Pipes, Tubes, Wires or Electrical Conductors; Penalty

§61-3-45a. Unlawful Opening of Pipes, Pipelines, Tanks, etc.; Penalties

§61-3-46. Use of Slugs, False Coins, etc., in Coin-Box Telephone; Penalty

§61-3-47. Dams or Obstructions in Watercourses; Penalty

§61-3-48. Offenses Involving Damage to Shrubbery, Flowers, Trees and Timber; Limitation of Section; Penalties

§61-3-48a. Cutting, Damaging or Carrying Away Without Written Permission, Timber, Trees, Growing Plants or the Products Thereof; Treble Damages Provided

§61-3-49. Purchase of Scrap Metal by Scrap Metal Purchasing Businesses, Salvage Yards, or Recycling Facilities; Certificates, Records, and Reports of Such Purchases; Criminal Penalties

§61-3-49a. Unlawful Sale of Used, Secondhand, Rebuilt, Repossessed, etc., Watches and Clocks; Penalty; Revocation of License to Sell

§61-3-49b. Disruption of Communications and Utilities Services

§61-3-49c. Possession of a Catalytic Converter Without Documentation of Ownership or Authority to Possess; Advertising the Sale or Purchase of a Catalytic Converter

§61-3-50. Unauthorized Transferral of Recorded Sounds; Sale and Possession; Penalties; Civil Action; Definition

§61-3-51. Precious Metals and Gem Dealers; Records; Prohibited Acts

§61-3-52. Wrongful Injuries to Timber; Criminal Penalties

§61-3-53. Unauthorized Use of Dumpsters

§61-3-54. Taking Identity of Another Person; Penalty

§61-3-55. Failure to Pay for Gasoline

§61-3-56. Scanning Device or Reencoder Fraud; Felony; Definitions; and Penalties

§61-3-57. Possession of Bogus Receipts or Universal Product Codes With Intent to Defraud; Penalties

§61-3-58. Unlawful Operation of a Recording Device

§61-3-59. Misrepresentation of Past or Present Military Status or Military Awards to Obtain Anything of Value; Penalties