West Virginia Code
Chapter 61. Crimes and Their Punishment

§61-2-1. First and Second Degree Murder Defined; Allegations in Indictment for Homicide - Murder by poison, lying in wait, imprisonment, starving, or by...

§61-2-2. Penalty for Murder of First Degree - Murder of the first degree shall be punished by confinement...

§61-2-3. Penalty for Murder of Second Degree - Murder of the second degree shall be punished by a...

§61-2-4. Voluntary Manslaughter; Penalty - Voluntary manslaughter shall be punished by a definite term of...

§61-2-5. Involuntary Manslaughter; Penalty - Involuntary manslaughter is a misdemeanor and, any person convicted thereof...

§61-2-5a. Concealment of Deceased Human Body; Penalty - (a) Any person who, by any means, knowingly and willfully...

§61-2-6. Homicide Punishable Within State if Injury Occurs Within and Death Without, or Vice Versa - If any person be stricken, wounded or poisoned in, and...

§61-2-7. Attempt to Kill or Injure by Poison; Penalty - If any person administer, or attempt to administer, any poison...

§61-2-8. Abortion; Penalty - (a) Any person other than a licensed medical professional, as...

§61-2-9. Malicious or Unlawful Assault; Assault; Battery; Penalties - (a) If any person maliciously shoots, stabs, cuts or wounds...

§61-2-9a. Harassment; Penalties; Definitions - (a) Any person who engages in a course of conduct...

§61-2-9b. Penalties for Malicious or Unlawful Assault or Assault of a Child Near a School - Any person who, under the provisions of section nine of...

§61-2-9c. Wanton Endangerment Involving the Use of Fire; Penalty - Any person who, during the manufacture or production of an...

§61-2-9d. Strangulation; Suffocation and Asphyxiation; Definitions; Penalties - (a) As used in this section: "Bodily injury" means substantial...

§61-2-10. Assault During Commission of or Attempt to Commit a Felony; Penalty - If any person in the commission of, or attempt to...

§61-2-10a. Violent Crimes Against the Elderly; Sentence Not Subject to Suspension or Probation - (a) If any person be convicted and sentenced for an...

§61-2-10b. Malicious Assault; Unlawful Assault; Battery; and Assault on Governmental Representatives, Health Care Providers, Utility Workers, Law-Enforcement Officers, Correctional Employees and Emergency Medical Service Personnel; Definitions; Penal... - (a) For purposes of this section: (1) “Government representative” means...

§61-2-11. Unlawful Shooting at Another in Street, Alley or Public Resort; Penalty - If any person unlawfully shoot at another person in any...

§61-2-12. Robbery or Attempted Robbery; Penalties - (a) Any person who commits or attempts to commit robbery...

§61-2-13. Extortion or Attempted Extortion by Threats; Penalties - (a) A person who threatens injury to the character, person,...

§61-2-14. Abduction of Person; Kidnapping or Concealing Child; Penalties - (a) Any person who takes away another person, or detains...

§61-2-14a. Kidnapping; Penalty - (a) Any person who unlawfully takes custody of, conceals, confines,...

§61-2-14b. Venue of Offenses Under §§61-2-14 and 61-2-14a - In the case of every offense committed in violation of...

§61-2-14c. Penalty for Threats to Kidnap or Demand Ransom - If any person, with intent to extort from any other...

§61-2-14d. Concealment or Removal of Minor Child From Custodian or From Person Entitled to Visitation; Penalties; Defenses - (a) Any person who conceals, takes or removes a minor...

§61-2-14e. One Aiding or Abetting in Offense Under §61-2-14, §61-2-14a, §61-2-14c or §61-2-14d Guilty as Principal; Venue - If any person in any way knowingly aid or abet...

§61-2-14f. Penalties for Abduction of a Child Near a School - Any person who, under the provisions of section fourteen of...

§61-2-14g. Unlawful Restraint; Penalties - (a) Any person who, without legal authority intentionally restrains another...

§61-2-14h. Prohibition of Purchase or Sale of Child; Penalty; Definitions; Exceptions - (a) Any person or agency who knowingly offers, gives, or...

§61-2-15. Assault, Battery on School Employees; Penalties - (a) If any person commits an assault: (1) By unlawfully...

§61-2-15a. Assault, Battery on Athletic Officials; Penalties - (a) If any person commits an assault as defined in...

§61-2-16. Injury to Passenger by Person in Charge of Public Conveyance or Boat; Penalty - If any driver, conductor, motorman, captain or other person in...

§61-2-16a. Malicious Assault; Unlawful Assault; Battery and Recidivism of Battery; Assault on a Driver, Conductor, Motorman, Captain, Pilot or Other Person in Charge of Any Vehicle Used for Public Conveyance - (a) Malicious assault. -- Any person who maliciously shoots, stabs,...

§61-2-26. Doors to Be Removed From Abandoned Refrigerators, Freezers and Other Appliances; Penalties - No person shall abandon any refrigerator or food freezer appliance...

§61-2-27. Required Reporting of Gunshot and Other Wounds - (a) Any medical provider who provides medical treatment to a...

§61-2-27a. Required Reporting of Burns - (a) Any health care provider who examines or renders medical...

§61-2-28. Domestic Violence — Criminal Acts - (a) Domestic battery. — Any person who unlawfully and intentionally...

§61-2-29. Abuse or Neglect of Incapacitated Adult; Definitions; Penalties - (a) The following words, when used in this section and...

§61-2-29a. Death of an Incapacitated Adult by a Caregiver - (a) A caregiver who intentionally and maliciously neglects an incapacitated...

§61-2-29b. Financial Exploitation of an Elderly Person, Protected Person, or Incapacitated Adult; Penalties; Definitions - (a) Any person who financially exploits an elderly person, protected...

§61-2-30. Recognizing an Embryo or Fetus as a Distinct Unborn Victim of Certain Crimes of Violence Against the Person - (a) This section may be known and cited as the...

Article 3. Crimes Against Property

§61-3-1. Burning, etc., of a Dwelling or Outbuilding; First Degree Arson; Penalty; Definitions - (a) Any person who willfully and maliciously sets fire to...

§61-3-2. Burning, etc., of Other Buildings or Structures; Second Degree Arson; Penalty - Any person who willfully and maliciously sets fire to or...

§61-3-3. Burning Personal Property of Another of the Value of Five Hundred Dollars or More; Third Degree Arson; Penalty - Any person who willfully and maliciously sets fire to or...

§61-3-4. Attempt to Commit Arson; Fourth Degree Arson; Penalty - (a) Any person who willfully and maliciously attempts to set...

§61-3-5. Burning, or Attempting to Burn, Insured Property; Penalty - Any person who willfully and with intent to injure or...

§61-3-6. Willfully, Unlawfully and Maliciously Setting Fire on Lands; Penalty - If any person willfully, unlawfully and maliciously sets fire to...

§61-3-7. Causing Injuries During an Arson-Related Crime; Penalties - (a) Any person who violates the provisions of sections one,...

§61-3-8. Recovery of Costs Incurred in Fighting Fires Caused by Arson - Any person convicted of any felony enumerated in section one,...

§61-3-11. Burglary; Entry of Dwelling or Outhouse; Penalties - (a) Any person who breaks and enters, or enters without...

§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,...

§61-3-13. Grand and Petit Larceny Distinguished; Penalties - (a) If a person commits simple larceny of goods or...

§61-3-14. Larceny of Bank Notes, Checks, Writings of Value and Book Accounts; Penalty - If any person steal any bank note, check, or other...

§61-3-15. How Value of Notes, Book Accounts and Other Writings Determined - In a prosecution under the preceding section, the money due...

§61-3-16. Larceny of Things Savoring of Realty - Things which savor of the realty, and are at the...

§61-3-18. Receiving or Transferring Stolen Goods - If any person buys or receives from another person, or...

§61-3-19. Bringing Into This State, Receiving or Disposing of Property Stolen in Another State; Penalty - If any person shall bring into this state, or shall...

§61-3-20. Embezzlement - If any officer, agent, clerk or servant of this state,...

§61-3-20a. Embezzlement by Misuse of Power of Attorney or Other Fiduciary Relationship; Penalty - Any person who holds a fiduciary power of attorney or...

§61-3-21. Embezzlement by Carrier or Other Person - If any carrier or other person to whom money or...

§61-3-22. Falsifying Accounts; Penalty - If any officer, clerk or agent of this state, or...

§61-3-22a. Possession or Use of Automated Sales Suppression Devices; Penalty - (a) General. -- When used in this article, words defined...

§61-3-23. Destroying or Concealing Will; Embezzlement by Fiduciary; Penalty - If any person fraudulently destroy or conceal any will or...

§61-3-24. Obtaining Money, Property and Services by False Pretenses; Disposing of Property to Defraud Creditors; Penalties - (a)(1) If a person obtains from another by any false...

§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 - (a) As used in this section: (1) “Counterfeit credit card”...

§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 - It shall be unlawful for any person knowingly to make,...

§61-3-24c. Intercepting or Monitoring Customer Telephone Calls; Penalty - (a) It is unlawful for any person, firm or corporation...

§61-3-24d. Fraudulent Schemes; Cumulation of Amounts Where Common Scheme Exists; Penalties - (a) Any person who willfully deprives another of any money,...

§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 - (1) Failure to subscribe: (A) Responsible person. Any person who...

§61-3-24f. Wrongfully Seeking Workers' Compensation; False Testimony or Statements; Penalties; Venue - (1) Any person who shall knowingly and with fraudulent intent...

§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 - (1) Any person who knowingly and willfully executes, or attempts...

§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 - (1) Any person, firm, partnership, company, corporation association or medical...

§61-3-25. Casting Away, Destroying or Interfering With Floating Craft or Material; Penalty - If any person wilfully cast away or otherwise destroy any...

§61-3-26. Interference With or Destruction of Buoys, Signal Lights or Other AIDS to Navigation; Penalty - If any person or persons shall wilfully or maliciously interfere...

§61-3-27. Malicious Killing of Animals by Poison or Otherwise; Penalty - If a person maliciously administers poison to, or exposes poison...

§61-3-28. Offenses Against Railroad Property and Persons on Railroad Property; Definitions - (a) As used in this section: (1) "Bodily injury" means...

§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... - (a) Any person who knowingly and willfully damages or destroys...

§61-3-30. Removal, Injury to or Destruction of Property, Monuments Designating Land Boundaries and of Certain No Trespassing Signs; Penalties - (a) If any person unlawfully, but not feloniously, takes and...

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

§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 - (a) Any debtor under any security instrument conveying personal property,...

§61-3-33. Entry Upon Inclosed Lands; Penalty; Liability for Damages - If any person shall, without the consent of the owner...

§61-3-34. Taking or Injuring Garden or Field Crops; Penalties - If a person enters the orchard, field, garden or market...

§61-3-35. Digging Cultivated Ginseng; Penalty - (a) It shall be unlawful for any person to dig...

§61-3-36. Anchoring or Beaching Shanty Boats on Lands of Another; Penalties - If any person, being the owner or occupier of any...

§61-3-37. False Statement as to Financial Condition of Person, Firm or Corporation; Penalty - Any person who shall knowingly make or cause to be...

§61-3-38. Publication of False Advertisements; Penalty - Any person, firm, corporation or association, or their agents or...

§61-3-39. Obtaining Property in Return for Worthless Check; Penalty - It is unlawful for any person, firm or corporation to...

§61-3-39a. Making, Issuing, etc., Worthless Checks on a Preexisting Debt; Penalty - (a) It is unlawful for any person, firm or corporation...

§61-3-39b. Payment as Defense - Payment of a dishonored check, draft or order, made to...

§61-3-39c. Reason for Dishonor; Duty of Drawee - It shall be the duty of the drawee of any...

§61-3-39d. Prima Facie Evidence of Knowledge; Identity; Penalty for Providing False Information - (a) In any prosecution under section thirty-nine of this article,...

§61-3-39e. Notice of Dishonor by Payee; Service Charge - The payee or holder of a check, draft or order...

§61-3-39f. Manner of Filing Complaint for Warrant; Form - (A) Notwithstanding the provisions of section one, article one, chapter...

§61-3-39g. Complaint; Notice of Complaint; Issuance of Warrant; Payment Procedures; Costs - After receipt of a complaint for warrant for a violation...

§61-3-39h. Payment of Costs in Worthless Check Cases; Disposition of Certain Costs - (a) In any prosecution under section thirty-nine or thirty-nine-a of...

§61-3-39i. Preparation of List of Worthless Check Warrants - Beginning on July 1, 1983, the magistrate court clerk of...

§61-3-39j. Use of Worthless Check List Upon Receipt of Complaint for Warrant - On and after July 1, 1983, when a complaint for...

§61-3-39k. Duties of Prosecuting Attorney Upon Receipt of Notice of Multiple Worthless Check Warrants; Magistrate Court Clerk to Advise Complainant - (a) Within ten days after receiving a notice of multiple...

§61-3-39m. Creation and Operation of a Program for Worthless Check Offenders; Acceptance of Person in Program - (a) A prosecuting attorney may create within his or her...

§61-3-39n. Notice to Persons Accepted to the Worthless Check Restitution Program - (a) Upon approval of an individual case for referral to...

§61-3-39o. Agreement to Suspend Prosecution of a Person Accepted Into the Restitution Program - (a) The prosecuting attorney may enter into an agreement with...

§61-3-39p. Fees for Participation in the Worthless Check Restitution Program - (a) The prosecuting attorney, his or her designee, or a...

§61-3-39q. Statements by Individuals Referred to or Participating in the Worthless Check Restitution Program - Any statement made by a person referred to the worthless...

§61-3-40. Fraudulently Obtaining Food or Lodging; Penalty - Every person who shall, at any hotel, inn, eating, lodging...

§61-3-41. Employees Conservators of the Peace; Special Railroad Policemen; Penalties - The conductor of every passenger car and flag person and...

§61-3-42. Intoxication of Person in Charge of Locomotive Engine or Car; Penalties - If any person, while in charge of a locomotive engine,...

§61-3-43. Jumping on or Off Car or Train in Motion; Driving Vehicle Upon Track or Bridge Except at Crossings; Penalty - If any person, not a passenger or employee, shall be...

§61-3-44. Procuring Gas, Water or Electricity, by Device, With Intent to Defraud; Penalty - Every person who, with intent to injure or defraud, procures,...

§61-3-45. Tampering With Pipes, Tubes, Wires or Electrical Conductors; Penalty - Every person who, with intent to injure or defraud, connects,...

§61-3-45a. Unlawful Opening of Pipes, Pipelines, Tanks, etc.; Penalties - Every person who, with intent to injure, or for the...

§61-3-46. Use of Slugs, False Coins, etc., in Coin-Box Telephone; Penalty - Any person who shall operate, or cause to be operated,...

§61-3-47. Dams or Obstructions in Watercourses; Penalty - No person may fell any timber and permit the same...

§61-3-48. Offenses Involving Damage to Shrubbery, Flowers, Trees and Timber; Limitation of Section; Penalties - (a) It is unlawful to break, cut, take or carry...

§61-3-48a. Cutting, Damaging or Carrying Away Without Written Permission, Timber, Trees, Growing Plants or the Products Thereof; Treble Damages Provided - Any person who enters upon the land or premises of...

§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 - (a) For the purposes of this section, the following terms...

§61-3-49a. Unlawful Sale of Used, Secondhand, Rebuilt, Repossessed, etc., Watches and Clocks; Penalty; Revocation of License to Sell - It shall be unlawful for any person, firm, corporation, association...

§61-3-49b. Disruption of Communications and Utilities Services - (a) Any person who causes a disruption of communications 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 - (a) As used in this section, catalytic converter means a...

§61-3-50. Unauthorized Transferral of Recorded Sounds; Sale and Possession; Penalties; Civil Action; Definition - (a) No person shall knowingly and willfully for commercial advantage...

§61-3-51. Precious Metals and Gem Dealers; Records; Prohibited Acts - (a) Each person, firm or corporation in the business of...

§61-3-52. Wrongful Injuries to Timber; Criminal Penalties - (a) Any person who knowingly and intentionally cuts down, injures,...

§61-3-53. Unauthorized Use of Dumpsters - (a) Any person who without authorization dumps garbage or trash,...

§61-3-54. Taking Identity of Another Person; Penalty - Any person who knowingly takes the name, birth date, social...

§61-3-55. Failure to Pay for Gasoline - Any person who knowingly and willfully drives a motor vehicle...

§61-3-56. Scanning Device or Reencoder Fraud; Felony; Definitions; and Penalties - (a) As used in this section, the term: (1) "Authorized...

§61-3-57. Possession of Bogus Receipts or Universal Product Codes With Intent to Defraud; Penalties - Any person who, with intent to defraud, possesses fifteen or...

§61-3-58. Unlawful Operation of a Recording Device - (a)(1) Any person who knowingly operates the audiovisual recording function...

§61-3-59. Misrepresentation of Past or Present Military Status or Military Awards to Obtain Anything of Value; Penalties - (a) Any person who misrepresents himself or herself to: (1)...

Article 3A. Shoplifting

§61-3A-1. Shoplifting Defined - (a) A person commits the offense of shoplifting if, with...

§61-3A-2. Evidence - (a) Evidence of stated price or ownership of merchandise may...

§61-3A-3. Penalties - A person convicted of shoplifting shall be punished as follows:...

§61-3A-4. Shoplifting Constitutes Breach of Peace; Detention - An act of shoplifting as defined herein, is hereby declared...

§61-3A-4a. Criminal Offenses Involving Theft Detection Shielding Devices; Detention - (a) As used in this section: (1) “Theft detection device”...

§61-3A-5. Civil Liability - (a) General rule. -- Any person who commits any of...

§61-3A-6. Definitions - (a) "Card-not-present credit or debit transaction" means a credit or...

§61-3A-7. Organized Retail Theft; Offenses; Penalties; Cumulation; Venue; Forfeiture - (a) Any person who enters into a common scheme or...

Article 3B. Trespass

§61-3B-1. Definitions - As used in this article: (1) “Structure” means any building...

§61-3B-2. Trespass in Structure or Conveyance - (a) Any person who knowingly enters in, upon, or under...

§61-3B-3. Trespass on Property Other Than Structure or Conveyance - (a) It is an unlawful trespass for any person to...

§61-3B-4. Trespass on Student Residence Premises or Student Facility Premises of an Institution of Higher Education - (a) For the purposes of this section: (1) “Residence hall”...

§61-3B-5. Trespass on State Government Property; Aiding and Abetting; Penalties - (a) Notwithstanding any provision of this code to the contrary,...

§61-3B-6. Mine Trespass; Penalties - (a) A person who willfully enters an underground coal mine,...

§61-3B-7. Animal or Crop Facilities Trespass; Penalties; Injunctive Relief - (a) As used in this section: (1) "Animal" means poultry,...

Article 3C. West Virginia Computer Crime and Abuse Act

§61-3C-1. Short Title - This act shall be known and may be cited as...

§61-3C-2. Legislative Findings - The Legislature finds that: (a) The computer and related industries...

§61-3C-3. Definitions - As used in this article, unless the context clearly indicates...

§61-3C-4. Computer Fraud; Access to Legislature Computer; Criminal Penalties - (a) Any person who, knowingly and willfully, directly or indirectly,...

§61-3C-5. Unauthorized Access to Computer Services - Any person who knowingly, willfully and without authorization, directly or...

§61-3C-6. Unauthorized Possession of Computer Data or Programs - (a) Any person who knowingly, willfully and without authorization possesses...

§61-3C-7. Alteration, Destruction, etc., of Computer Equipment - (a) Misdemeanor offenses. -- Any person who knowingly, willfully and...

§61-3C-8. Disruption of Computer Services - (a) Any person who knowingly, willfully, and without authorization, directly...

§61-3C-9. Unauthorized Possession of Computer Information, etc. - Any person who knowingly, willfully and without authorization, possesses any...

§61-3C-10. Disclosure of Computer Security Information - Any person who knowingly, willfully and without authorization discloses a...

§61-3C-11. Obtaining Confidential Public Information - Any person who knowingly, willfully and without authorization accesses or...

§61-3C-12. Computer Invasion of Privacy - Any person who knowingly, willfully and without authorization accesses a...

§61-3C-13. Fraud and Related Activity in Connection With Access Devices - (a) As used in this section, the following terms shall...

§61-3C-14. Endangering Public Safety - Any person who accesses a computer or computer network and...

§61-3C-14a. Obscene, Anonymous, Harassing and Threatening Communications by Computer, Cell Phones and Electronic Communication Devices; Penalty - (a) It is unlawful for any person, with the intent...

§61-3C-14b. Soliciting, etc. a Minor via Computer; Soliciting a Minor and Traveling to Engage the Minor in Prohibited Sexual Activity; Penalties - (a) Any person over the age of eighteen, who knowingly...

§61-3C-14c. Cyberbullying or Specific Acts of Electronic Harassment of Minors; Definitions; Penalties; Exceptions - (a) It is unlawful for a person to knowingly and...

§61-3C-15. Computer as Instrument of Forgery - The creation, alteration or deletion of any computer data contained...

§61-3C-16. Civil Relief; Damages - (a) Any person whose property or person is injured by...

§61-3C-17. Defenses to Criminal Prosecution - (a) In any criminal prosecution under this article, it shall...

§61-3C-18. Venue - For the purpose of criminal and civil venue under this...

§61-3C-19. Prosecution Under Other Criminal Statutes Not Prohibited - Criminal prosecution pursuant to this article shall not prevent prosecution...

§61-3C-20. Personal Jurisdiction - Any person who violates any provision of this article and,...

§61-3C-21. Severability - If any provision of this article or the application thereof...

Article 3D. Theft of Cable Television Services

§61-3D-1. Definitions - As used in this article: (1) “Cable system” means any...

§61-3D-2. Acquisition of Cable Television Services - (a) A person who acquires cable television services for himself...

§61-3D-3. Sale or Transfer of the Device or Plan Intended for Acquisition or Diversion - (a) A person who sells, gives or otherwise transfers to...

§61-3D-4. Evidence - Evidence that (1) the defendant had possession of or access...

Article 3E. Offenses Involving Explosives

§61-3E-1. Definitions - As used in this article, unless the context otherwise requires:...

§61-3E-2. Penalties Cumulative - It is the intention of the Legislature in enacting this...

§61-3E-3. Illegal Possession of Destructive Devices, Explosive Materials or Incendiary Devices; Penalty - Any person who possesses or manufactures any explosive material without...

§61-3E-4. Criminal Use of Destructive Device, Explosive Material or Incendiary Device; Penalty - Any person who unlawfully and intentionally damages the property of...

§61-3E-5. Causing Death or Injury; Penalties - (a) Any person who violates the provisions of this article...

§61-3E-6. Causing Death or Injury to an Explosives Detection Animal; Penalty - Any person who violates the provisions of this article which...

§61-3E-7. Manufacture, Purchase, Sale, Advertising for Sale, Transporting or Possession or Use of a Hoax Bomb; Possession or Use in Commission of a Felony; Penalty - (a) Any person who knowingly manufactures, purchases, sells, advertises for...

§61-3E-8. Theft of Explosive Material From Storage Magazines or Buildings; Penalty - Any person who breaks and enters or shall enter without...

§61-3E-9. Receipt, Possession, Storage, Sale or Transportation of Stolen Explosive Material; Penalty - Any person who receives, conceals, transports, ships, stores, barters, sells...

§61-3E-10. Wanton Endangerment Involving Destructive Devices, Explosive Materials or Incendiary Devices; Penalty - Any person who wantonly performs any act with a destructive...

§61-3E-11. Exemptions - (a) Unless specifically prohibited by any provision of this code...

§61-3E-12. Contraband, Seizure, Forfeiture - Any destructive device, explosive material, incendiary device or hoax bomb...

§61-3E-13. Legislative Findings - The Legislature hereby finds and declares that the seizure and...

Article 4. Forgery and Crimes Against the Currency

§61-4-1. Forgery of Public Record, Certificate, Return or Attestation of Court or Officer; Penalty - If any person forge a public record, or a certificate,...

§61-4-2. Forgery of Official Seals; Keeping or Concealing Instrument for Forging Same; Penalty - If any person forge, or keep or conceal any instrument...

§61-4-3. Counterfeiting; Penalty - If any person forge any coin, current by law or...

§61-4-4. Making Plates, etc., for Forgery; Possession of Same; Penalty - If any person engrave, stamp, or cast, or otherwise make...

§61-4-5. Forging or Uttering Other Writing; Penalty; Creation of Unauthorized Demand Draft - (a) If any person forge any writing, other than such...

§61-4-6. Possession of Counterfeit With Intent to Utter; Penalty - If any person have in his possession forged bank notes,...

§61-4-7. Unauthorized Currency; Penalty - If any person shall, without authority of law, issue any...

§61-4-8. Passing or Receiving Unauthorized Currency Knowingly; Penalty - If any person not punishable under the provisions of the...

§61-4-9. Unauthorized Use, Transfer, Acquisition, Alteration or Possession of Certain Benefits - (a) For the purposes of this section: (1) "Benefits" means...

Article 5. Crimes Against Public Justice

§61-5-1. Perjury and Subornation of Perjury Defined - (a) Any person who is under an oath or affirmation...

§61-5-2. False Swearing Defined - To wilfully swear falsely, under oath or affirmation lawfully administered,...

§61-5-3. Penalties for Perjury, Subordination of Perjury, and False Swearing - A person convicted of perjury or subordination of perjury shall...

§61-5-4. Bribery or Attempted Bribery; Penalty - If any person shall bribe, by directly or indirectly giving...

§61-5-5. Demanding or Receiving Bribes; Penalty - Any executive, legislative, judicial or ministerial officer, or member of...

§61-5-6. Receiving Bribe by Officer in Delay of Service of Process; Penalty - If any officer authorized to serve legal process receive any...

§61-5-7. Bribery of Commissioner of Court, Auditor, Justice of the Peace, Arbitrator, Umpire, Juror, or Other County Official, Either Elected or Appointed; Penalty - Any person who gives or offers, directly or through any...

§61-5-8. Aiding Escape and Other Offenses Relating to Adults and Juveniles in Custody or Confinement; Penalties - (a) Where any adult or juvenile is lawfully detained in...

§61-5-9. Permitting Escape; Refusal of Custody of Prisoner; Penalties - If a jailer or other officer, or private correctional officer...

§61-5-10. Persons in Custody of Institutions or Officers - Whoever escapes or attempts to escape by any means from...

§61-5-11. Escapes and Aiding in Escapes; Terms of Confinement in Addition to Previous Sentence - The terms of confinement specified in section eleven, article four,...

§61-5-12. Escapes From, and Other Offenses Relating To, State Benevolent and Correctional Institution, or Private Prison or Mental Health Facilities; Penalties - Except where otherwise provided, whoever abducts any person who is...

§61-5-12a. Escape From Custody of the Commissioner of Corrections - Any person who escapes from the custody of the commissioner...

§61-5-12b. Escape From Custody of the Director of Juvenile Services - (a) Any person, under the age of 18 years of...

§61-5-13. Refusal of Officer to Make, or Delay in Making, Arrest; Penalty - If any officer wilfully and corruptly refuse to execute any...

§61-5-14. Refusal of Person to Aid Officer; Penalty - If any person shall, on being required by any sheriff...

§61-5-15. Refusal of Person to Execute Order of Arrest by Justice; Penalty - If any person, being required by a justice, on view...

§61-5-16. Refusal of Officer to Execute Act or Process of Legislature or Order of Governor; Penalty - Any officer of this state whose duty it is to...

§61-5-17. Obstructing Officer; Fleeing From Officer; Making False Statements to Officer; Interfering With Emergency Communications; Penalties; Definitions - (a) A person who by threats, menaces, acts, or otherwise...

§61-5-18. Officer Not Liable for Act Done Under Statute or Executive Order Afterward Declared Unconstitutional - No officer in the lawful exercise or discharge of his...

§61-5-19. Compounding Offenses and Misprision; Penalties - If any person, knowing of the commission of an offense,...

§61-5-20. Exacting Excessive Fees; Penalty - If any officer, for performing an official duty for which...

§61-5-21. Issuing Fraudulent Fee Bills; Penalty - If any person authorized by law to charge fees for...

§61-5-22. Alteration, Concealment or Destruction of Public Record by Officer; Penalty - If any clerk of a court, or other public officer,...

§61-5-23. Larceny, Concealment or Destruction of Public Record by Person Not Officer; Penalty - If any person, other than an officer in lawful charge...

§61-5-24. Corrupt Summoning of Jurors to Find Biased Verdict; Penalty - A sheriff or other officer who, corruptly, or through favor...

§61-5-25. Procuring the Summoning of Biased Juror by Party Other Than Officer; Penalty - If any person shall procure or attempt to procure a...

§61-5-25a. Discrimination Against Employee Summoned for Jury Duty; Penalty - It is unlawful for any person to terminate or threaten...

§61-5-26. Contempt of Court; What Constitutes Contempt; Jury Trial; Presence of Defendant - The courts and the judges thereof may issue attachment for...

§61-5-27. Intimidation of and Retaliation Against Public Officers and Employees, Jurors, and Witnesses; Fraudulent Official Proceedings and Legal Processes Against Public Officials and Employees; Penalties - (a) Definitions. — As used in this section: (1) "Fraudulent"...

§61-5-27a. Fraudulent Official Proceedings; Causing a Public Employee or Official to File a Fraudulent Legal Process; Impersonation of a Public Official, Employee or Tribunal; Penalties - (a) Definitions. -- For the purpose of this section, the...

§61-5-28. Failure to Perform Official Duties; Penalty - Any person holding any office or appointment in this state,...

§61-5-29. Failure to Meet an Obligation to Pay Support to a Minor; Penalties - (1) A person who: (a) Repeatedly and willfully fails to...

Article 5A. Bribery and Corrupt Practices

§61-5A-1. Short Title - This article shall be known and may be cited as...

§61-5A-2. Definitions - The following words and phrases when used in this article...

§61-5A-3. Bribery in Official and Political Matters - A person is guilty of bribery under the provisions of...

§61-5A-4. Unlawful Rewarding for Past Behavior - (a) It shall be unlawful for any person to solicit,...

§61-5A-5. Threats in Official and Political Matters - It shall be unlawful for any person to threaten harm...

§61-5A-6. Gifts or Gratuities to Public Servants Prohibited; Exceptions - (a) It shall be unlawful: (1) For any public servant...

§61-5A-7. Trading in Public Office - It shall be unlawful for any person to solicit, accept...

§61-5A-8. Certain Matters Not to Constitute Defense - It shall be no defense to any prosecution under the...

§61-5A-9. Penalties; Disqualification to Hold Office; Statute of Limitations for Misdemeanor Offenses - (a) Any person who violates any of the provisions of...

§61-5A-10. Construction; Certain Other Code Provisions Not Affected; Article Not to Affect Offenses Committed Under Other Statutory Provisions - Under no circumstances whatever shall this article be construed as...

§61-5A-11. Severability - If any provision of this article or the application thereof...

Article 6. Crimes Against the Peace

§61-6-1. Suppression of Riots and Unlawful Assemblages - All members of the West Virginia State Police, the Division...

§61-6-1a. Control of Riots and Unlawful Assemblages - Members of the West Virginia State Police, the Division of...

§61-6-1b. Disorderly Conduct; Penalty - (a) Any person who, in a public place, any office...

§61-6-2. Commitment and Recognizance of Rioters - If any person be arrested for a riot, rout or...

§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 - If any member of the West Virginia State Police, the...

§61-6-4. Summoning of Persons to Aid in Suppressing Riots and Unlawful Assemblages - If any person engaged in such assemblage, being commanded, as...

§61-6-5. Death of Person in Suppression of Riots and Unlawful Assemblages - If, by any means taken under the authority of this...

§61-6-6. Destruction of Building by Rioters; Penalty Therefor and for Rioting Without Such Injury - If any person engaged in a riot, rout or unlawful...

§61-6-7. Conspiracy to Inflict Injury to Persons or Property; Infliction of Injury or Death in Pursuance Thereof; Penalties - If two or more persons under the name of “Red...

§61-6-8. Release or Rescue of Person in Custody Charged or Convicted Under §61-6-7; Penalty - If any person, by force, or other unlawful means, shall...

§61-6-9. Intimidation of Witness for State in Conspiracy Prosecutions; Penalties - If any person shall, by threats, menaces, or otherwise, intimidate,...

§61-6-10. Reward for Arrest in Conspiracy Cases; Employment of Special Policemen and Detectives - The Governor is hereby authorized, whenever in his opinion it...

§61-6-12. Mobs and Lynchings; Penalties; Liability of County or City - Any collection of individuals, five or more in number, assembled...

§61-6-13. Disturbance of Religious Worship; Penalty - If any person wilfully interrupt, molest or disturb any assembly...

§61-6-14. Disturbance of Schools, Societies, and Other Assemblies; Penalty - If any person wilfully interrupt, molest or disturb any free...

§61-6-14a. Loitering on School Property; Penalty; Exceptions - No person, not a student in regular attendance, shall loiter...

§61-6-17. False Reports Concerning Bombs or Other Explosive Devices; Penalties - (a) Any person who imparts or conveys or causes to...

§61-6-18. Camping Upon Governmental Grounds or Lawns; Penalties; Public Nuisance - If any person shall go upon the ground or lawn...

§61-6-19. Willful Disruption of Governmental Processes; Offenses Occurring at State Capitol Complex; Penalties - (a) If any person willfully interrupts or molests the orderly...

§61-6-20. Falsely Reporting an Emergency Incident - A person is guilty of reporting a false emergency incident...

§61-6-21. Prohibiting Violations of an Individual's Civil Rights; Penalties - (a) All persons within the boundaries of the State of...

§61-6-22. Wearing Masks, Hoods or Face Coverings - (a) Except as otherwise provided in this section, no person,...

§61-6-23. Shooting Range; Limitations on Nuisance Actions; Noise Ordinances - (a) As used in this section: (1) “Person” means an...

§61-6-24. Threats of Terrorist Acts, Conveying False Information Concerning Terrorist Acts and Committing Terrorist Hoaxes Prohibited; Penalties - (a) As used in this section: (1) "Economic harm" means...

§61-6-25. Falsely Reporting Child Abuse - (a) Any person who knowingly and intentionally reports or causes...

Article 7. Dangerous Weapons

§61-7-1. Legislative Findings - The Legislature finds that the overwhelming support of the citizens...

§61-7-2. Definitions - As used in this article, unless the context otherwise requires:...

§61-7-3. Carrying a Deadly Weapon Without Provisional License or Other Authorization by Persons Under Twenty-One Years of Age; Penalties - (a) Any person under twenty-one years of age and not...

§61-7-4. License to Carry Deadly Weapons; How Obtained - (a) (1) Except as provided in 61-7-4(q) of this code,...

§61-7-4a. Provisional License to Carry Deadly Weapons; How Obtained - (a) Any person who is at least eighteen years of...

§61-7-5. Revocation of License - A license to carry a deadly weapon shall be deemed...

§61-7-6. Exceptions as to Prohibitions Against Carrying Concealed Handguns for Persons at Least Eighteen Years of Age and Fewer Than Twenty-One Years of Age; Exemptions From Licensing Fees - (a) The provisions in section three of this article do...

§61-7-6a. Reciprocity and Recognition; Out-of-State Concealed Handgun Permits - (a) A valid out-of-state permit or license to possess or...

§61-7-7. Persons Prohibited From Possessing Firearms; Classifications; Right of Nonprohibited Persons Over Twenty-One Years of Age to Carry Concealed Deadly Weapons; Offenses and Penalties; Reinstatement of Rights to Possess; Offenses; Penalties - (a) Except as provided in this section, no person shall...

§61-7-8. Possession of Deadly Weapons by Minors; Prohibitions - Notwithstanding any other provision of this article to the contrary,...

§61-7-9. Possession of Machine Guns, Penalties - It shall be unlawful for any person to carry, transport,...

§61-7-10. Deadly Weapons for Sale or Hire; Sale to Prohibited Persons; Penalties - (a) Any person who violates the provisions of subsection (b)...

§61-7-11. Brandishing Deadly Weapons; Threatening or Causing Breach of the Peace; Criminal Penalties - It shall be unlawful for any person armed with a...

§61-7-11a. Possessing Deadly Weapons on Premises of Educational Facilities; Reports by School Principals; Suspension of Driver S License; Possessing Deadly Weapons on Premises Housing Courts of Law and Family Law Courts - (a) The Legislature finds that the safety and welfare of...

§61-7-12. Wanton Endangerment Involving a Firearm - Any person who wantonly performs any act with a firearm...

§61-7-14. Right of Certain Persons to Limit Possession of Firearms on Premises - This section may be referred to as “The Business Liability...

§61-7-15. Persons Prohibited From Committing Violent Crime While Wearing Body Armor; Penalties - (a) A person who wears or is otherwise equipped with...

§61-7-15a. Use or Presentation of a Firearm During Commission of a Felony; Penalties - As a separate and distinct offense, and in addition to...

§61-7-16. Chief Officer Certification to Transfer or Make Certain Firearms; Definitions; Appeal - (a) When certification of a chief law-enforcement officer is required...

§61-7-17. Construction of Article - Nothing in this article should be construed to abrogate or...

Article 7A. State Mental Health Registry; Reporting of Persons Proscribed From Firearm Possession Due to Mental Condition to the National Instant Criminal Background Check System; Legislative Findings; Definitions; Reporting Requirements; Reinstateme...

§61-7A-1. Legislative Intent - It is the intention of the Legislature in the enactment...

§61-7A-2. Definitions - As used in this article and as the terms are...

§61-7A-3. Persons Whose Names Are to Be Supplied to the Central State Mental Health Registry - (a) The Superintendent of the West Virginia State Police and...

§61-7A-4. Confidentiality; Limits on Use of Registry Information - (a) Notwithstanding any provision of this code to the contrary,...

§61-7A-5. Petition to Regain Right to Possess Firearms - (a) Any person who is prohibited from possessing a firearm...

Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act

§61-7B-1. Short Title - This article shall be known and may be cited as...

§61-7B-2. Legislative Findings and Intent - The Legislature of the State of West Virginia finds: (1)...

§61-7B-3. Definitions - For purposes of this article, the following words and phrases...

§61-7B-4. Federal Commandeering Prohibited - No agency of this state, political subdivision of this state,...

§61-7B-5. Prohibitions on Police Activity - (a) No police agency, department, or officer of this state...

§61-7B-6. Prohibition on Court Action - No court of this state has authority or jurisdiction to...

§61-7B-7. Permitted Activities - Notwithstanding the limitations in sections four and five of this...

§61-7B-8. Attorney General Authorized and Directed to Challenge Unconstitutional Federal Actions Related to Firearms - Whenever any federal statute, presidential executive order, agency order, federal...

§61-7B-9. Attorney General to Publish Model Policies - On or before January 1, 2022, and as often thereafter...

§61-7B-10. Law-Enforcement Immunity - (a) No head of a law-enforcement agency or law-enforcement officer...

Article 8. Crimes Against Chastity, Morality and Decency

§61-8-1. Bigamy -- Penalty - Any person, being married, who, during the life of the...

§61-8-2. Same -- Effect of Absence, Divorce or Void Marriage - The preceding section shall not extend to a person whose...

§61-8-5. Houses of Ill Fame and Assignation; Immunity for Minor Victims of Sex Trafficking; Penalties; Jurisdiction of Courts - (a) Any person who shall keep, set up, maintain, or...

§61-8-6. Detention of Person in Place of Prostitution; Penalty - Whoever shall by any means keep, hold, detain or restrain...

§61-8-7. Procuring for House of Prostitution; Penalty; Venue; Competency as Witness; Marriage No Defense - Any person who shall procure an inmate for a house...

§61-8-8. Receiving Support From Prostitution; Pimping; Penalty; Prostitute May Testify - Any person who, knowing another person to be a prostitute,...

§61-8-9. Indecent Exposure - (a) A person is guilty of indecent exposure when such...

§61-8-9a. Child Abuse; Education; Curriculum - The Legislature finds the best way to avoid child abuse...

§61-8-10. Administering Anesthetics to Female Save in Presence of Third Person; Penalty - It shall be unlawful for any physician, dentist or other...

§61-8-11. Breathing, Inhaling, or Drinking Certain Intoxicating Compounds; Penalty - (a) No person shall intentionally breathe, inhale, or drink any...

§61-8-12. Incest; Penalty - (a) For the purposes of this section: (1) “Aunt” means...

§61-8-13. Incest; Limits on Interviews of Children Eleven Years Old or Less; Evidence - (a) In any prosecution under the provisions of section twelve...

§61-8-14. Disinterment or Displacement of Dead Body or Part Thereof; Damage to Cemetery or Graveyard; Penalties; Damages in Civil Action - (a) Any person who unlawfully and intentionally disinters or displaces...

§61-8-15. Prohibition on Certain Demonstrations at Funerals - (a) No person may carry out, with respect to any...

§61-8-16. Obscene, Anonymous, Harassing, Repeated and Threatening Telephone Calls; Penalty - (a) It is unlawful for any person with intent to...

§61-8-19. Cruelty to Animals; Penalties; Exclusions - (a)(1) It is unlawful for any person to intentionally, knowingly...

§61-8-19a. Animal Fighting Ventures Prohibited - (a) For the purpose of this article, "animal fighting venture"...

§61-8-19b. Attendance at Animal Fighting Ventures Prohibited; Penalty - (a) It is unlawful for any person to knowingly attend...

§61-8-19c. Wagering at Animal Fighting Venture Prohibited; Penalty - (a) It is unlawful for any person to bet or...

§61-8-20. Keeping or Using Live Birds to Be Shot At; Penalty - Whoever keeps or uses a live bird to be shot...

§61-8-21. Search Warrants Relating to Cruelty to Animals - If complaint is made to a court or magistrate which...

§61-8-22. Search Warrants Relating to Birds and Animals Kept for Fighting - If complaint is made to a court or magistrate authorized...

§61-8-23. Search Without Warrant Where There Is an Exhibition of the Fighting of Birds or Animals - Any officer authorized to serve criminal process may, without warrant,...

§61-8-25. Requiring Children to Beg, Sing or Play Musical Instruments in Streets; Penalty - Any person, having the care, custody, or control, lawful or...

§61-8-26. Permitting Children to Sing, Dance or Act in Dance House, etc.; Penalty - Any person, having the care, custody, or control of any...

§61-8-27. Unlawful Admission of Children to Dance House, etc.; Penalty - Any proprietor or any person in charge of a dance...

§61-8-27a. Use of False Identification, etc., by Person Under Age; Penalty - Any person who exhibits or displays a false or erroneous...

§61-8-28. Criminal Invasion of Privacy; Penalties - (a) For the purposes of this section, the words or...

§61-8-28a. Nonconsensual Disclosure of Private Intimate Images; Definitions; and Penalties - (a) As used in this section: (1) “Disclose” means to...

§61-8-29. Criminal Loitering by Persons on Supervised Release - (a) Any person serving a period of supervised release of...

§61-8-30. Photography of a Corpse or Person Being Provided Medical Care or Assistance; Prohibitions; Exceptions; Jonathan’s Law - (a) As used in this section: (1) “Disclose” means to...

§61-8-31. Therapeutic Deception; Penalties - (a) In this section, unless a different meaning plainly is...

Article 8A. Preparation, Distribution or Exhibition of Obscene Matter to Minors

§61-8A-1. Definitions - When used in this article, the following words, and any...

§61-8A-2. Distribution and Display to Minor of Obscene Matter; Penalties; Defenses - (a) Any adult, with knowledge of the character of the...

§61-8A-3. Exemptions From Criminal Liability - The criminal provisions of section two of this article do...

§61-8A-4. Use of Obscene Matter With Intent to Seduce Minor - Any adult, having knowledge of the character of the matter,...

§61-8A-5. Employment or Use of Minor to Produce Obscene Matter or Assist in Doing Sexually Explicit Conduct; Penalties - Any adult who, with knowledge that a person is a...

Article 8B. Sexual Offenses

§61-8B-1. Definition of Terms - In this article, unless a different meaning plainly is required:...

§61-8B-2. Lack of Consent - (a) Whether or not specifically stated, it is an element...

§61-8B-3. Sexual Assault in the First Degree - (a) A person is guilty of sexual assault in the...

§61-8B-4. Sexual Assault in the Second Degree - (a) A person is guilty of sexual assault in the...

§61-8B-5. Sexual Assault in the Third Degree - (a) A person is guilty of sexual assault in the...

§61-8B-7. Sexual Abuse in the First Degree - (a) A person is guilty of sexual abuse in the...

§61-8B-8. Sexual Abuse in the Second Degree - (a) A person is guilty of sexual abuse in the...

§61-8B-9. Sexual Abuse in the Third Degree - (a) A person is guilty of sexual abuse in the...

§61-8B-9a. Mandatory Sentence for Person Committing Certain Sex Offenses Against Children - (a) Notwithstanding the provisions of section one-a, article eleven-a, section...

§61-8B-9b. Enhanced Penalties for Subsequent Offenses Committed by Those Previously Convicted of Sexually Violent Offenses Against Children - (a) Notwithstanding any provision of this article to the contrary,...

§61-8B-10. Imposition of Sexual Acts on Persons Incarcerated, Detained, or Under Supervision; Penalties - (a) Any person employed by the Division of Corrections and...

§61-8B-11. Sexual Offenses; Evidence - (a) In any prosecution under this article in which the...

§61-8B-11a. Convictions for Offenses Against Children - In any case where a person is convicted of an...

§61-8B-12. Same -- Defense - (a) In any prosecution under this article in which the...

§61-8B-13. Payment of Treatment Cost for Victim - In addition to any penalty provided under this article and...

§61-8B-14. Limits on Interviews of Children Eleven Years Old or Less - In any prosecution under this article, the court may provide...

§61-8B-15. Forensic Medical Examination Fund; Training of Sexual Assault Nurse Examiners - There is continued the "Forensic Medical Examination Fund”, created as...

§61-8B-16. Payment for Costs of Forensic Medical Examination - (a) When any person alleges that he or she has...

§61-8B-17. Study of Reimbursement; Recordkeeping; Disclosure; Confidentiality - (a) The West Virginia prosecuting attorneys institute is hereby directed...

§61-8B-18. Rule-Making Authority - The executive council of the West Virginia prosecuting attorneys institute,...

§61-8B-19. Court Files and Law-Enforcement Records; Confidentiality - (a) Records confidential. All records and information maintained by the...

Article 8C. Filming of Sexually Explicit Conduct of Minors

§61-8C-1. Definitions - For the purposes of this article: (a) “Minor” means any...

§61-8C-2. Use of Minors in Filming Sexually Explicit Conduct Prohibited; Penalty - (a) Any person who causes or knowingly permits, uses, persuades,...

§61-8C-3. Distribution and Exhibiting of Material Depicting Minors Engaged in Sexually Explicit Conduct Prohibited; Penalty - (a) Any person who, knowingly and willfully, sends or causes...

§61-8C-3a. Prohibiting Child Erotica; Penalties - (a) Any person age eighteen or over who knowingly and...

§61-8C-3b. Prohibiting Juveniles From Manufacturing, Possessing and Distributing Nude or Partially Nude Images of Minors; Creating Exemptions; Declaring a Violation to Be an Act of Juvenile Delinquency; and Providing for the Punishment Thereof - (a) Any minor who intentionally possesses, creates, produces, distributes, presents,...

§61-8C-4. Payments of Treatment Costs for Minor - In addition to any penalty provided under this article and...

§61-8C-5. Limits on Interviews of Children Eleven Years Old or Less; Evidence - (a) In any prosecution under this article, the court may...

§61-8C-6. Legislative Findings - The Legislature hereby finds and declares that the seizure and...

§61-8C-7. Items Subject to Forfeiture; Persons Authorized to Seize Property Subject to Forfeiture - (a) The following are subject to forfeiture: (1) All visual...

§61-8C-8. Procedures for Seizure of Forfeitable Property - (a) Seizure of property made subject to forfeiture by the...

§61-8C-9. Procedures for Forfeiture - (a)(1) Any proceeding wherein the state seeks forfeiture of property...

§61-8C-10. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments; Distribution of Proceeds - (a) Whenever moneys, securities or other negotiable instruments are forfeited...

§61-8C-11. Disposition of Other Forfeited Property; Distribution of Proceeds - (a) When property other than that referred to in section...

Article 8D. Child Abuse

§61-8D-1. Definitions - In this article, unless a different meaning is plainly required:...

§61-8D-1a. Emmaleigh’s Law - The amendments made to this article during the 2017 legislative...

§61-8D-2. Murder of a Child by a Parent, Guardian or Custodian or Other Person by Refusal or Failure to Supply Necessities, or by Delivery, Administration or Ingestion of a Controlled Substance; Penalties - (a) If any parent, guardian or custodian shall maliciously and...

§61-8D-2a. Death of a Child by a Parent, Guardian or Custodian or Other Person by Child Abuse; Criminal Penalties - (a) If any parent, guardian or custodian maliciously and intentionally...

§61-8D-3. Child Abuse Resulting in Injury; Child Abuse Creating Risk of Injury; Criminal Penalties - (a) If any parent, guardian or custodian shall abuse a...

§61-8D-3a. Female Genital Mutilation; Penalties; Definitions - (a) Except as otherwise provided in subsection (b) of this...

§61-8D-4. Child Neglect Resulting in Injury; Child Neglect Creating Risk of Injury; Criminal Penalties - (a) If a parent, guardian or custodian neglects a child...

§61-8D-4a. Child Neglect Resulting in Death; Criminal Penalties - (a) If any parent, guardian or custodian shall neglect a...

§61-8D-5. Sexual Abuse by a Parent, Guardian, Custodian or Person in a Position of Trust to a Child; Parent, Guardian, Custodian or Person in a Position of Trust Allowing Sexual Abuse to Be Inflicted Upon a Child; Displaying of Sex Organs by a Parent... - (a) In addition to any other offenses set forth in...

§61-8D-5a. Verbal Abuse of Noncommunicative Child; Penalties - [Repealed.]

§61-8D-6. Sending, Distributing, Exhibiting, Possessing, Displaying or Transporting Material by a Parent, Guardian or Custodian, Depicting a Child Engaged in Sexually Explicit Conduct; Penalty - Any parent, guardian or custodian who, with knowledge, sends or...

§61-8D-7. Presentation of False Information Regarding Child's Injuries; Penalty - Any person who presents false information concerning acts or conduct...

§61-8D-8. Testimony of Husband and Wife - Husband and wife are competent witnesses in any proceeding under...

§61-8D-9. Convictions for Offenses Against Children - In any case where a person is convicted of a...

§61-8D-10. Contributing to Delinquency of a Child; Penalties; Payment of Medical Costs; Proof; Court Discretion; Other Payments; Suspended Sentence; Maintenance and Care; Temporary Custody - (a) Any person eighteen years of age or older who...

Article 8E. Display of Video Ratings or Lack Thereof

§61-8E-1. Legislative Purpose - [Repealed.]

§61-8E-2. Definitions - [Repealed.]

§61-8E-3. Labeling of Video Movies Designated for Sale or Rental; Penalties - [Repealed.]

Article 8F. Special Protections for Disabled Children Act of 2022

§61-8F-1. Findings - The Legislature finds that disabled persons and particularly disabled children...

§61-8F-2. Definitions - As used in this article: (1) "Disabled child" means a...

§61-8F-3. Maltreatment of a Disabled Child; Penalties - (a) Any person in a position of trust in relation...

§61-8F-4. Battery and Assault of a Disabled Child - (a) Any person in a position of trust to a...

§61-8F-5. Failure to Report; Obstruction; Retaliation; Penalties - (a) Any person in a position of trust in relation...

§61-8F-6. Specific Directives to Enhance the Safety of Disabled Children - (a) The West Virginia Department of Education in collaboration with...

§61-8F-7. Effective Dates - (a) This section and the provisions of 61-8F-1, 61-8F-2, and...

Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency

§61-9-1. Definition of Terms - For the purposes of this article the terms “place,” “person,”...

§61-9-2. Maintenance of Nuisance; Injunction - Any person who shall use, occupy, establish or conduct a...

§61-9-3. Suit to Enjoin; by Whom Instituted - Whenever a nuisance exists, the Attorney General of the state,...

§61-9-4. Venue; Procedure; Temporary Injunction; Order Closing Place; Vacation of Orders; Bond - Such suit shall be brought in the circuit court of...

§61-9-5. Prima Facie Evidence of Nuisance; Prosecution of Complaint; Dismissal; Costs; Permanent Injunction - In such suit evidence of the general reputation of the...

§61-9-6. Order of Abatement; Sale of Personal Property; Renewal of Bond or Continuance of Closing Order; Release of Property; Breaking in or Entering Closed Property; Sheriff's Fees - If the existence of such nuisance be admitted or established...

§61-9-7. Nuisance Disclosed in Criminal Proceedings; Proceeds From Sale of Personal Property - In case the existence of such nuisance is established in...

§61-9-8. Violation of Injunction or Closing Order; Trial; Penalty - In case of the violation of any injunction or closing...

§61-9-9. Permanent Injunction; Tax Imposed on Property - Whenever a permanent injunction is granted against any person or...

§61-9-10. Notice to Collect Tax - When such nuisance has been found to exist under any...

§61-9-11. Effect of Holding Any Part of Article Unconstitutional - Should any provision or section of this article be held...

Article 10. Crimes Against Public Policy

§61-10-1. Keeping or Exhibiting Gaming Table, Machine, or Device; Penalty; Seizure of Table, Machine or Device; Forfeiture of Money Used in Such Gaming - Any person who shall keep or exhibit a gaming table,...

§61-10-2. Permitting Gaming Table or Device on Premises; Penalty - If any person knowingly permit a gaming table, bank or...

§61-10-3. Unlawful to Act as Doorkeeper, Guard or Watch for Keeper of Gaming Table or Device; Penalty - If any person shall act as doorkeeper, guard or watch,...

§61-10-4. Playing or Betting at Gaming Tables and Devices; Playing or Betting on Games at Hotels and Public Places; Penalty - If any person bet or play at any such gaming...

§61-10-5. Betting on Games of Chance; Furnishing Money or Thing of Value Therefor; Penalty - If any person at any place, public or private, bet...

§61-10-6. Permitting Gaming at Hotels; Penalty - If the keeper of a hotel or tavern permit unlawful...

§61-10-7. Presumption Against Hotelkeeper - In a prosecution under the preceding section, if the gaming...

§61-10-8. Gaming at Outhouse of Hotel; Penalty - If the keeper of a hotel or tavern let or...

§61-10-9. Cheating at Gaming; Penalty - If any person playing at any game, or making a...

§61-10-10. Poolroom Defined; Selling Tickets and Chances in Lottery; Penalty - The word “poolroom,” wherever the same is used in this...

§61-10-11. Lotteries or Raffles; Penalty - If any person shall set up or promote or be...

§61-10-11a. “Policy” or “numbers”; Penalty - Any person who keeps, occupies or uses, or permits to...

§61-10-11b. Possession of “policy” or “numbers” Slips Unlawful - The possession, by any person other than a public officer...

§61-10-12. Proceeds of Lottery Forfeited to the State - All money and things of value drawn or proposed to...

§61-10-13. Associations and Companies Trading as Bank Without Authority of Law; Penalty - All members of any association or company that shall trade...

§61-10-14. Laws on Gaming, Lotteries and Unchartered Banks Remedial - All laws for suppressing gaming, lotteries and unchartered banks shall...

§61-10-15. Pecuniary Interest of County and District Officers, Teachers and School Officials in Contracts; Exceptions; Offering or Giving Compensation; Penalties - (a) It is unlawful for any member of a county...

§61-10-16. Picture or Theatrical Act Reflecting Upon Any Race or Class of Citizens; Penalty - It shall be unlawful for any person, corporation or company...

§61-10-17. Lobbying on Floor of Legislature; Ejection of Lobbyist; Penalty; Jurisdiction - It shall be unlawful for any person to lobby for...

§61-10-19. Cornering Market in Foods or Other Necessities of Life; Penalty - It shall be unlawful for any person or body of...

§61-10-20. Failure of Employers to Provide Certain Benefits for Employees - (a) In addition to any other penalty or punishment otherwise...

§61-10-21. Unlawful Use of Prefix Doctor or Dr. Penalty - [Repealed].

§61-10-22. Bribery of Participants in Professional or Amateur Games and Horse Racing; Penalty - Whoever gives, promises or offers to any professional or amateur...

§61-10-23. Debt Pooling; Definition; Offenses; Penalty; Jurisdiction; Pleading and Proof - Debt pooling” shall mean the rendering in any manner of...

§61-10-30. Open Water Wells Prohibited - It shall be unlawful for any person to keep, maintain...

§61-10-31. Conspiracy; Construction of Section; Penalties - It shall be unlawful for two or more persons to...

§61-10-32. Unlawful Contact With a Division of Corrections Employee or Member of the Parole Board; Penalty - (a) It shall be unlawful for a former inmate of...

§61-10-33. Prohibition Against Selling a Pure Caffeine Product - (a) "Pure caffeine product" means a product that is comprised...

§61-10-34. Critical Infrastructure Protection Act; Prohibiting Certain Acts, Including Trespass and Conspiracy to Trespass Against Property Designated a Critical Infrastructure Facility; Criminal Penalties; and Civil Action - (a) This section may be referred to as the "West...

Article 11. General Provisions Concerning Crimes

§61-11-1. Classification of Offenses - Offenses are either felonies or misdemeanors. Such offenses as are...

§61-11-1a. Sentence of Female Felons - Upon conviction of a female for a felony and, subsequent...

§61-11-2. Capital Punishment Abolished - Capital punishment is hereby abolished for all offenses against the...

§61-11-3. Punishment for Common-Law Offenses - A common-law offense for which punishment is prescribed by statute...

§61-11-4. Corruption of Blood and Forfeiture of Estate Abolished - No suicide or attainder of felony shall work corruption of...

§61-11-5. No Merger of Civil Remedy by Commission of Felony - The commission of a felony shall not stay or merge...

§61-11-6. Punishment of Principals in the Second Degree and Accessories Before and After the Fact - (a) In the case of every felony, every principal in...

§61-11-7. Prosecution of Accessories - An accessory, either before or after the fact, may, whether...

§61-11-8. Attempts; Classification and Penalties Therefor - Every person who attempts to commit an offense, but fails...

§61-11-8a. Solicitation to Commit Certain Felonies; Classification; Defenses - (a) Any person who solicits another to commit a violation...

§61-11-9. Limitation of Prosecution; Lost Indictment - A prosecution for committing or procuring another person to commit...

§61-11-10. Venue of Offenses - Prosecutions for offenses committed, wholly or in part, without, and...

§61-11-11. Offense Committed on County Boundary - An offense committed on the boundary of any two counties...

§61-11-12. Venue of Offense Committed in More Than One County - When an offense is committed partly in one county and...

§61-11-13. Former Acquittal on Merits - A person acquitted by the jury upon the facts and...

§61-11-14. Acquittal for Variance or Insufficient Indictment - A person acquitted of an offense, on the ground of...

§61-11-15. Modes of Conviction of Felony - No person shall be convicted of felony, unless by his...

§61-11-16. Term of Imprisonment for Felony; Indeterminate Sentence - Every sentence to the penitentiary of a person convicted of...

§61-11-17. Court to Fix Imprisonment and Fine for Misdemeanor - The term of confinement in jail of a person found...

§61-11-18. Punishment for Second or Third Offense of Felony - (a) For purposes of this section, "qualifying offense" means any...

§61-11-19. Procedure in Trial of Persons for Second or Third Offense - A prosecuting attorney, when he or she has knowledge of...

§61-11-21. Cumulative Sentences - When any person is convicted of two or more offenses,...

§61-11-22. Pretrial Diversion Agreements; Conditions; Drug Court Programs - (a) A prosecuting attorney of any county of this state...

§61-11-22a. Deferred Adjudication - (a) Upon the entry of a guilty plea to a...

§61-11-23. Punishment for Juvenile Convicted as an Adult; Eligibility for Parole; Factors to Be Considered Prior to Sentencing - (a) Notwithstanding any other provision of law to the contrary,...

§61-11-24. Offender May Have Credit for Term of Confinement Before Conviction - Whenever any person is convicted of an offense in a...

§61-11-25. Expungement of Criminal Records for Those Found Not Guilty of Crimes or Against Whom Charges Have Been Dismissed - (a) Any person who has been charged with a criminal...

§61-11-26. Expungement of Certain Criminal Convictions; Procedures; Effect - (a) Eligibility for expungement. (1) Misdemeanors. Subject to the limitations...

§61-11-26a. Expungement of Certain Criminal Convictions With Approved Treatment or Recovery and Job Program - (a) Notwithstanding any provisions of 61-11-26 of this code to...

§61-11-26b. Limitation on Expungement for Certain Motor Vehicle Traffic Control Offenses - (a) Notwithstanding the provisions of §61-11-26, §61-11-26a, and §62-16-1 et...

Article 11A. Victim Protection Act of 1984

§61-11A-1. Legislative Findings and Purpose - (a) The Legislature finds and declares that without the cooperation...

§61-11A-2. Testimony of Crime Victim at Sentencing Hearing - (a) For the purposes of this section, “victim” means a...

§61-11A-2a. Notification of Crime Victims Compensation Fund - Whenever the prosecuting attorney's office presents a case to a...

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West Virginia Code Chapter 61. Crimes and Their Punishment

West Virginia Code
Chapter 61. Crimes and Their Punishment