543 sections in this chapter.
W. Va. Code § 61-3-24D Fraudulent schemes; cumulation of amounts where common scheme exists; penalties
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(a) Any person who willfully deprives another of any money, goods, property or services by means of fraudulent pretenses, representations or promises shall be guilty of the larceny thereof. (b) In determining the value of the money, goods, property or services referred to in subs…
W. Va. Code § 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
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(1) Failure to subscribe: (A) Responsible person. Any person who individually or as owner, partner, president, other officer, or manager of a sole proprietorship, firm, partnership, company, corporation or association, who, as a person who is responsible for and who is required b…
W. Va. Code § 61-3-24F Wrongfully seeking workers' compensation; false testimony or statements; penalties; venue
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(1) Any person who shall knowingly and with fraudulent intent secure or attempt to secure compensation from the Workers' Compensation Fund, a private carrier or from a self-insured employer: (A) That is larger in amount than that to which he or she is entitled; or (B) That is lon…
W. Va. Code § 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
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(1) Any person who knowingly and willfully executes, or attempts to execute, a scheme or artifice: (A) To defraud the Workers' Compensation Fund, private carrier or a self-insured employer in connection with the delivery of or payment for workers' compensation health care benefit…
W. Va. Code § 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
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(1) Any person, firm, partnership, company, corporation association or medical provider who submits false documentation to workers' compensation, the Insurance Commissioner or a private carrier of workers' compensation insurance with the intent to defraud the Workers' Compensatio…
W. Va. Code § 61-3-25 Casting away, destroying or interfering with floating craft or material; penalty
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If any person wilfully cast away or otherwise destroy any vessel within any county with intent to injure or defraud any owner thereof, or any owner of any property on board the same, or insurer of such a vessel or property, or any part thereof, he shall be deemed guilty of a felo…
W. Va. Code § 61-3-26 Interference with or destruction of buoys, signal lights or other aids to navigation; penalty
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If any person or persons shall wilfully or maliciously interfere with, injure or destroy any buoy, lamp, lantern, signal light or other aid to navigation erected or maintained by the government of this state, or of the United States, in this state, every person so offending shall…
W. Va. Code § 61-3-27 Malicious killing of animals by poison or otherwise; penalty
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If a person maliciously administers poison to, or exposes poison with the intent that it should be taken by, any horse, cow or other animal of another person, or if any person maliciously maims, kills, or causes the death of any horse, cow or other animal of another person, of th…
W. Va. Code § 61-3-28 Offenses against railroad property and persons on railroad property; definitions
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(a) As used in this section: (1) "Bodily injury" means substantial physical pain, illness or any impairment of physical injury. (2) "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including: (i) Commuter or other shor…
W. Va. Code § 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, stormwater, telecommunications or cable service; penalties; restitution
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(a) Any person who knowingly and willfully damages or destroys any commercial or industrial real or personal property owned by a railroad company, or public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating stor…
W. Va. Code § 61-3B-3 Trespass on property other than structure or conveyance
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(a) It is an unlawful trespass for any person to knowingly, and without being authorized, licensed, or invited, to enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to su…
W. Va. Code § 61-3-3 Burning personal property of another of the value of five hundred dollars or more; third degree arson; penalty
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Any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any personal property of any class or character, of the value of not less than $500, and the pr…
W. Va. Code § 61-3C-3 Definitions
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As used in this article, unless the context clearly indicates otherwise: (1) “Access” means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, compute…
W. Va. Code § 61-3E-3 Illegal possession of destructive devices, explosive materials or incendiary devices; penalty
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Any person who possesses or manufactures any explosive material without first obtaining a permit to use explosives from the office of the state Fire Marshal or who possesses or manufacturers any destructive device or incendiary device shall be guilty of a felony and, upon convict…
W. Va. Code § 61-3A-3 Penalties
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A person convicted of shoplifting shall be punished as follows: (a) First offense conviction. — Upon a first shoplifting conviction: (1) When the value of the merchandise is less than or equal to $500, the person is guilty of a misdemeanor and, shall be fined not more than $250. …
W. Va. Code § 61-3D-3 Sale or transfer of the device or plan intended for acquisition or diversion
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(a) A person who sells, gives or otherwise transfers to another or offers, advertises or exposes for sale to another any device, mechanism, tool or printed circuit, or any kit, plan or instructional procedure for the making of such device, mechanism, tool or printed circuit, with…
W. Va. Code § 61-3-30 Removal, injury to or destruction of property, monuments designating land boundaries and of certain no trespassing signs; penalties
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(a) If any person unlawfully, but not feloniously, takes and carries away, or destroys, injures or defaces any property, real or personal, of another, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in the county o…
W. Va. Code § 61-3-31 Damage to or destruction of property by bailee for hire or loan; penalty; damages recoverable in civil action
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If any bailee for hire or loan of any property shall wilfully, or with gross negligence, damage or destroy the property of any person, while the same is in the custody or possession of such bailee, he shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined no…
W. Va. Code § 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
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(a) Any debtor under any security instrument conveying personal property, who retains possession of such personal property, and who, without the consent of the owner of the claim secured by such security instrument, and with intent to defraud, removes or causes to be removed any …
W. Va. Code § 61-3-33 Entry upon inclosed lands; penalty; liability for damages
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If any person shall, without the consent of the owner or occupier thereof, enter upon the inclosed lands of another and do any damage, or shall, without such consent, pull down in whole or in part, or injure, any fence of another, or without permission open and leave open the gat…
W. Va. Code § 61-3-34 Taking or injuring garden or field crops; penalties
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If a person enters the orchard, field, garden or market garden of another person, without the consent of the owner or occupier thereof, and does any damage to the fruit, vegetables, grain or grass growing or being thereon, or takes, carries away, injures or destroys any of the gr…
W. Va. Code § 61-3-35 Digging cultivated ginseng; penalty
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(a) It shall be unlawful for any person to dig cultivated ginseng or prospect for the same, on the lands of another without written consent of the owner or owners thereof first obtained. The property must be properly posted with “No Trespassing” signs, “Private Property” signs, o…
W. Va. Code § 61-3-36 Anchoring or beaching shanty boats on lands of another; penalties
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If any person, being the owner or occupier of any shanty boat, or boat of like kind, who anchors, ties or beaches such boat upon the real estate of another for a longer period than twelve hours, except in case of distress, without the permission of the owner or agent of the owner…
W. Va. Code § 61-3-37 False statement as to financial condition of person, firm or corporation; penalty
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Any person who shall knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself or any ot…
W. Va. Code § 61-3-38 Publication of false advertisements; penalty
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Any person, firm, corporation or association, or their agents or employees, who, with intent to sell, or in anywise dispose of, merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale o…
W. Va. Code § 61-3-39 Obtaining property in return for worthless check; penalty
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It is unlawful for any person, firm or corporation to obtain any money, services, goods or other property or thing of value by means of a check, draft or order for the payment of money or its equivalent upon any bank or other depository, knowing at the time of the making, drawing…
W. Va. Code § 61-3-39A Making, issuing, etc., worthless checks on a preexisting debt; penalty
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(a) It is unlawful for any person, firm or corporation to make, draw, issue, utter or deliver any check, draft or order for the payment of money or its equivalent on a preexisting debt upon any bank or other depository, knowing or having reason to know there is not sufficient fun…
W. Va. Code § 61-3-39B Payment as defense
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Payment of a dishonored check, draft or order, made to the magistrate clerk within ten days after the notice mailed to the defendant pursuant to section thirty-nine-g of this article, constitutes a complete defense or ground for dismissal of charges brought under section thirty-n…
W. Va. Code § 61-3-39C Reason for dishonor; duty of drawee
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It shall be the duty of the drawee of any check, draft or order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed or stamped in plain language thereon or attached thereto, the reason for drawee's dishonor or refusal to pay s…
W. Va. Code § 61-3-39D Prima facie evidence of knowledge; identity; penalty for providing false information
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(a) In any prosecution under section thirty-nine of this article, the making, drawing, uttering or delivery of a check, draft or order, the payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence that the drawer has knowledge at…
W. Va. Code § 61-3-39E Notice of dishonor by payee; service charge
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The payee or holder of a check, draft or order which has been dishonored because of insufficient funds or credit may send notice thereof to the drawer of the check, draft or order. The payee or holder of any dishonored check may impose a fee of up to $25 a worthless check. This f…
W. Va. Code § 61-3-39F Manner of filing complaint for warrant; form
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(A) Notwithstanding the provisions of section one, article one, chapter sixty-two of this code, a complaint for warrant for violations of section thirty-nine or section thirty-nine-a of this article need not be made upon oath before a magistrate but may be made upon oath before a…
W. Va. Code § 61-3-39G Complaint; notice of complaint; issuance of warrant; payment procedures; costs
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After receipt of a complaint for warrant for a violation of section thirty-nine or thirty-nine-a of this article the magistrate court shall proceed with the issuance of the warrant as is provided by law: Provided, That no warrant may issue for an offense under section thirty-nine…
W. Va. Code § 61-3-39H Payment of costs in worthless check cases; disposition of certain costs
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(a) In any prosecution under section thirty-nine or thirty-nine-a of this article, the costs that may otherwise be imposed against the drawer of any check, draft or order shall be imposed on the person initiating the prosecution if: (1) Payment of the check, draft or order is acc…
W. Va. Code § 61-3-39I Preparation of list of worthless check warrants
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Beginning on July 1, 1983, the magistrate court clerk of every county shall, between the first and fifth day of each month thereafter, prepare a cumulative list of all check warrants issued by the magistrates of the county during the preceding twelve calendar months and after the…
W. Va. Code § 61-3-39J Use of worthless check list upon receipt of complaint for warrant
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On and after July 1, 1983, when a complaint for worthless check warrant is received by a magistrate court, the person receiving the complaint shall consult the current list of worthless check warrants for the county and any current lists of other counties in his possession to det…
W. Va. Code § 61-3-39K Duties of prosecuting attorney upon receipt of notice of multiple worthless check warrants; magistrate court clerk to advise complainant
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(a) Within ten days after receiving a notice of multiple worthless check warrants forwarded in accordance with the provisions of the preceding section, a prosecuting attorney shall review the information contained therein, may consult additional current lists of worthless check w…
W. Va. Code § 61-3-39M Creation and operation of a program for worthless check offenders; acceptance of person in program
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(a) A prosecuting attorney may create within his or her office a worthless check restitution program for persons who have violated sections thirty-nine or thirty-nine-a of this article. This program may be conducted by the prosecuting attorney in conjunction with a law-enforcemen…
W. Va. Code § 61-3-39N Notice to persons accepted to the worthless check restitution program
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(a) Upon approval of an individual case for referral to the worthless check restitution program, a representative of the program shall send a notice by registered or certified mail to the person named in the complaint or warrant. (b) This notice must contain: (1) The date and amo…
W. Va. Code § 61-3-39O Agreement to suspend prosecution of a person accepted into the restitution program
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(a) The prosecuting attorney may enter into an agreement with a participant of the worthless check restitution program to suspend prosecution for a period to be determined by the prosecuting attorney. (b) To remain eligible for the worthless check restitution program, the partici…
W. Va. Code § 61-3-39P Fees for participation in the worthless check restitution program
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(a) The prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney may collect a fee not to exceed $100 from any person participating in the worthless check restitution program: Provided, That the prosecuting attorney shall waive t…
W. Va. Code § 61-3-39Q Statements by individuals referred to or participating in the worthless check restitution program
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Any statement made by a person referred to the worthless check restitution program in connection with the determination of his or her eligibility for participation in the program and any statement made or information given by that person while participating in the program is inad…
W. Va. Code § 61-3A-4 Shoplifting constitutes breach of peace; detention
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An act of shoplifting as defined herein, is hereby declared to constitute a breach of peace and any owner of merchandise, his agent or employee, or any law-enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in …
W. Va. Code § 61-3-4 Attempt to commit arson; fourth degree arson; penalty
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(a) Any person who willfully and maliciously attempts to set fire to or burn, or attempts to cause to be burned, or attempts to aid, counsel, procure, persuade, incite, entice or solicit any person to burn, any of the buildings, structures, or personal property mentioned in the f…
W. Va. Code § 61-3D-4 Evidence
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Evidence that (1) the defendant had possession of or access to the location of distribution or transmission lines or other facilities of a cable system which have been tapped, altered or tampered with or to which any unauthorized connection has been made or to which any unauthori…
W. Va. Code § 61-3E-4 Criminal use of destructive device, explosive material or incendiary device; penalty
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Any person who unlawfully and intentionally damages the property of another or attempts to damage the property of another by the use of a destructive device, explosive material or incendiary device shall be guilty of a felony and, upon conviction thereof, shall be committed to th…
W. Va. Code § 61-3C-4 Computer fraud; access to Legislature computer; criminal penalties
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(a) Any person who, knowingly and willfully, directly or indirectly, accesses or causes to be accessed any computer, computer services, or computer network for the purpose of: (1) Executing any scheme or artifice to defraud; or (2) obtaining money, property, or services by means …
W. Va. Code § 61-3B-4 Trespass on student residence premises or student facility premises of an institution of higher education
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(a) For the purposes of this section: (1) “Residence hall” means housing or a unit of housing provided primarily for students as a temporary or permanent dwelling place or abode and owned, operated or controlled by an institution of higher education. (2) “Student facility” means …
W. Va. Code § 61-3-40 Fraudulently obtaining food or lodging; penalty
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Every person who shall, at any hotel, inn, eating, lodging or boardinghouse, or restaurant, receive or cause to be furnished any food or accommodation, with intent to defraud the owner or keeper of such hotel, inn, eating, lodging or boardinghouse, or restaurant, and any person w…
W. Va. Code § 61-3-41 Employees conservators of the peace; special railroad policemen; penalties
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The conductor of every passenger car and flag person and brake person employed on such car, as well as the conductor of every train of railroad or traction cars, shall have all the powers of a conservator of the peace while in charge of such car or train. Any railroad company own…