(a) Any person who causes a disruption of communications services or public utility services by the theft or by intentionally damaging communications or public utility equipment and by such conduct causes:
(1) A disruption of communication services or public utility services to ten or more households or subscribers; or
(2) A loss in the value of the property in an amount of one thousand dollars or more, shall be guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be sentenced to not more than two thousand hours of court-approved community service or fined not more than $10,000, or both. For a second offense, the person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years or fined not more than $10,000, or both. For third and subsequent offenses, the person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility for not less than one nor more than ten years, or fined not more than $10,000, or both.
(b) As used in this section, communications and public utility equipment includes but is not limited to public safety communications towers and equipment, telephone lines, communications towers and tower equipment, radio towers and tower equipment, railroad and other industrial safety communication devices or systems, electric towers and equipment and electric transmission and distribution lines.
Structure 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
§61-3-4. 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
§61-3-13. 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
§61-3-20a. 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
§61-3-24c. Intercepting or Monitoring Customer Telephone Calls; Penalty
§61-3-24d. Fraudulent Schemes; Cumulation of Amounts Where Common Scheme Exists; Penalties
§61-3-24f. Wrongfully Seeking Workers' Compensation; False Testimony or Statements; Penalties; Venue
§61-3-25. Casting Away, Destroying or Interfering With Floating Craft or Material; 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
§61-3-33. 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
§61-3-39c. 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
§61-3-39n. 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
§61-3-40. 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
§61-3-44. 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
§61-3-49b. Disruption of Communications and Utilities Services
§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