(a) Any person who knowingly and intentionally cuts down, injures, removes, or destroys, without the permission of the owner or his or her agent, timber of a value of $2,500 or less 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 30 days, or both fined and confined.
(b) Any person who knowingly and intentionally cuts down, injures, removes, or destroys, without the permission of the owner or his or her agent, timber of a value of $2,500 or more or who is convicted of a second or subsequent violation within 10 years of subsection (a) of this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than three times the value of the timber cut down, injured, removed, or destroyed, or imprisoned in a state correctional facility for not less than one nor more than three years, or both fined and imprisoned.
(c) The necessary trimming and removal of timber to permit the construction, repair, maintenance, cleanup, and operations of pipelines and utility lines and appurtenances of public utilities, public service corporations, and to aid registered land surveyors and professional engineers in the performance of their professional services, and municipalities, and pipeline companies, or lawful operators and product purchasers of natural resources other than timber, shall not be considered a willful and intentional cutting down, injuring, removing, or destroying of timber.
(d) The necessary trimming and removal of timber for boundary line maintenance, for the construction, maintenance, and repair of streets, roads, and highways, or for the control and regulation of traffic thereon by the state and its political subdivisions or registered land surveyors and professional engineers, shall not be considered a willful and intentional cutting down, injuring, removing, or destroying of timber.
(e) No fine or imprisonment imposed pursuant to this section shall be construed to limit any cause of action by a landowner for recovery of damages otherwise allowed by law. If a person charged or convicted under the provisions of this section enters into an agreement with a landowner to make financial restitution for the landowners timber damages, any applicable statute of limitations effecting the landowners cause of action shall be tolled from the date the agreement was entered into until a breach of the agreement occurs.
(f) If a criminal action is brought under the provisions of this section, the county prosecutor shall publish a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code in the county where the property involved is located which provides a description of the property and a general summary of the timber damages. If a landowner suffering timber damages is not aware of those damages prior to the publication of the Class II legal advertisement, any applicable statute of limitations effecting the landowners cause of action for the recovery of damages shall be tolled from the time the damages were incurred, and may not commence until the date the final Class II legal advertisement is published.
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