West Virginia Code
Article 6. Crimes Against the Peace
§61-6-5. Death of Person in Suppression of Riots and Unlawful Assemblages


If, by any means taken under the authority of this article to disperse any such assemblage or arrest those engaged in it, any person present, as spectator or otherwise, be killed or wounded, and neither malice, nor premeditation be present, any member of the West Virginia State Police, the Division of Protective Services, sheriff, or mayor exercising such authority, and everyone acting under his or her order, shall be held guiltless.

Structure West Virginia Code

West Virginia Code

Chapter 61. Crimes and Their Punishment

Article 6. Crimes Against the Peace

§61-6-1. Suppression of Riots and Unlawful Assemblages

§61-6-1a. Control of Riots and Unlawful Assemblages

§61-6-1b. Disorderly Conduct; Penalty

§61-6-2. Commitment and Recognizance of Rioters

§61-6-3. Failure of Member of West Virginia State Police Officer, Officer of the Division of Protective Services, Mayor, or Sheriff to Exercise Powers at Riots and Unlawful Assemblages; Penalty

§61-6-4. Summoning of Persons to Aid in Suppressing Riots and Unlawful Assemblages

§61-6-5. Death of Person in Suppression of Riots and Unlawful Assemblages

§61-6-6. Destruction of Building by Rioters; Penalty Therefor and for Rioting Without Such Injury

§61-6-7. Conspiracy to Inflict Injury to Persons or Property; Infliction of Injury or Death in Pursuance Thereof; Penalties

§61-6-8. Release or Rescue of Person in Custody Charged or Convicted Under §61-6-7; Penalty

§61-6-9. Intimidation of Witness for State in Conspiracy Prosecutions; Penalties

§61-6-10. Reward for Arrest in Conspiracy Cases; Employment of Special Policemen and Detectives

§61-6-12. Mobs and Lynchings; Penalties; Liability of County or City

§61-6-13. Disturbance of Religious Worship; Penalty

§61-6-14. Disturbance of Schools, Societies, and Other Assemblies; Penalty

§61-6-14a. Loitering on School Property; Penalty; Exceptions

§61-6-17. False Reports Concerning Bombs or Other Explosive Devices; Penalties

§61-6-18. Camping Upon Governmental Grounds or Lawns; Penalties; Public Nuisance

§61-6-19. Willful Disruption of Governmental Processes; Offenses Occurring at State Capitol Complex; Penalties

§61-6-20. Falsely Reporting an Emergency Incident

§61-6-21. Prohibiting Violations of an Individual's Civil Rights; Penalties

§61-6-22. Wearing Masks, Hoods or Face Coverings

§61-6-23. Shooting Range; Limitations on Nuisance Actions; Noise Ordinances

§61-6-24. Threats of Terrorist Acts, Conveying False Information Concerning Terrorist Acts and Committing Terrorist Hoaxes Prohibited; Penalties

§61-6-25. Falsely Reporting Child Abuse