If two or more persons under the name of “Red Men,” “Regulators,” “Vigilance Committee,” or any other name or without a name, combine or conspire together for the purpose of inflicting any punishment or bodily injury upon any other person or persons, or for the purpose of destroying, injuring, defacing, or taking and carrying away any property, real or personal, not their own, every such person, whether he has done any act in pursuance of such combination or conspiracy or not, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50 nor more than $500, and may, in the discretion of the court, be confined in jail not less than one nor more than twelve months.
If any person, in pursuance of such combination or conspiracy, shall inflict any punishment or bodily injury upon another person, or shall destroy, injure, deface, or take and carry away, any property, real or personal, not his own, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years; and if the death of any person shall result from the commission of such offense, every person engaged in the commission thereof shall be guilty of murder of the first degree, and, upon conviction thereof, punished as in other cases of murder of the first degree. If, upon the trial of an indictment hereunder, it be proved that two or more persons, the defendant being one, were present, aiding and abetting in the commission of the offense charged therein, it shall be presumed that such offense was committed in pursuance of such combination or conspiracy, in the absence of satisfactory proof to the contrary. And all persons who were present, aiding and abetting, at the commission of any offense mentioned herein, shall be deemed conspirators within the meaning hereof.
Persons offending against any of the provisions of this section may be indicted therefor, either jointly or separately.
Structure 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
§61-6-4. 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
§61-6-8. 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
§61-6-20. 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