543 sections in this chapter.
W. Va. Code § 61-3-42 Intoxication of person in charge of locomotive engine or car; penalties
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If any person, while in charge of a locomotive engine, whether the same be driven by steam, electricity or other motive power, running upon the railroad or traction lines of any corporation, or while acting as conductor or brakeman of any car or train of cars on such railroad or …
W. Va. Code § 61-3-43 Jumping on or off car or train in motion; driving vehicle upon track or bridge except at crossings; penalty
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If any person, not a passenger or employee, shall be found trespassing upon any railroad or traction car or train of any railroad in this state, by jumping on or off any car or train in motion, on its arrival at or departure from any station or depot of such railroad, or on the p…
W. Va. Code § 61-3-44 Procuring gas, water or electricity, by device, with intent to defraud; penalty
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Every person who, with intent to injure or defraud, procures, makes, or causes to be made, any pipe, tube, wire, or other conductor of gas, water or electric energy, and connects the same, or causes it to be connected, with any main, service pipe or other pipe for conducting or s…
W. Va. Code § 61-3-45 Tampering with pipes, tubes, wires or electrical conductors; penalty
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Every person who, with intent to injure or defraud, connects, or causes to be connected, any pipe, tube, wire, electrical conductor or other instrument with any main, service pipe, or other pipe or conduit or flume for conducting water, or with any main, service pipe, or other pi…
W. Va. Code § 61-3-45A Unlawful opening of pipes, pipelines, tanks, etc.; penalties
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Every person who, with intent to injure, or for the purpose of destroying, injuring, impairing, breaking, damaging or unlawfully opening, or of taking, stealing, and carrying away, or of permitting or causing to escape on the ground or into the air, any of the contents thereof, s…
W. Va. Code § 61-3-46 Use of slugs, false coins, etc., in coin-box telephone; penalty
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Any person who shall operate, or cause to be operated, or attempt to operate any coin-box telephone designed to receive lawful coin of the United States of America, in connection with the use or enjoyment of any telephone service, by means of a slug or any false, counterfeited, m…
W. Va. Code § 61-3-47 Dams or obstructions in watercourses; penalty
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No person may fell any timber and permit the same to remain in any navigable or floatable stream of this state when to do so obstructs the passage of boats, rafts, staves, ties or timber of any kind. Except as may be provided in chapter twenty or twenty-two of this code, no perso…
W. Va. Code § 61-3-48 Offenses involving damage to shrubbery, flowers, trees and timber; limitation of section; penalties
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(a) It is unlawful to break, cut, take or carry away, or in any manner to damage any of the shrubbery or flowers, including everything under the title of flora, whether wild or cultivated, growing within one hundred yards on either side of any public road in this state, without t…
W. Va. Code § 61-3-48A Cutting, damaging or carrying away without written permission, timber, trees, growing plants or the products thereof; treble damages provided
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Any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage or carry away or cause to be cut, damaged or carried away, any timber, trees, logs, posts, fruit, nuts, growing plant or product of…
W. Va. Code § 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
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(a) For the purposes of this section, the following terms have the following meanings: (1) “Business registration certificate” has the same meaning ascribed to it in §11-12-2 of this code. (2) “Purchaser” means any person in the business of purchasing scrap metal or used auto par…
W. Va. Code § 61-3-49A Unlawful sale of used, secondhand, rebuilt, repossessed, etc., watches and clocks; penalty; revocation of license to sell
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It shall be unlawful for any person, firm, corporation, association or copartnership, either foreign or domestic, to display, barter, sell, offer or expose for sale, any clock or watch or other instrument or contrivance by which the progress of time is perceived or measured, or w…
W. Va. Code § 61-3-49B Disruption of communications and utilities services
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(a) Any person who causes a disruption of communications services or public utility services by the theft or by intentionally damaging communications or public utility equipment and by such conduct causes: (1) A disruption of communication services or public utility services to t…
W. Va. Code § 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
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(a) As used in this section, catalytic converter means a motor vehicle exhaust emission control that reduces toxic gases and pollutants from an internal combustion engine. (b) Any person in possession of a catalytic converter which had previously been installed on a motor vehicle…
W. Va. Code § 61-3A-4A Criminal offenses involving theft detection shielding devices; detention
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(a) As used in this section: (1) “Theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant. (2) “Theft detection device remover” means any tool or d…
W. Va. Code § 61-3-5 Burning, or attempting to burn, insured property; penalty
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Any person who willfully and with intent to injure or defraud an insurer sets fire to or burns, or attempts so to do, or causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any building, structure or personal property,…
W. Va. Code § 61-3C-5 Unauthorized access to computer services
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Any person who knowingly, willfully and without authorization, directly or indirectly, accesses or causes to be accessed a computer or computer network with the intent to obtain computer services shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not l…
W. Va. Code § 61-3E-5 Causing death or injury; penalties
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(a) Any person who violates the provisions of this article which violation causes bodily injury to any person shall be guilty of a felony and, upon conviction thereof, shall be committed to the custody of the Division of Corrections for not less than two nor more than ten years, …
W. Va. Code § 61-3B-5 Trespass on state government property; aiding and abetting; penalties
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(a) Notwithstanding any provision of this code to the contrary, any person who knowingly and willfully violates an administrative order of a court, a rule or emergency rule promulgated by the secretary of administration, a joint rule of the Senate and House of Delegates or a rule…
W. Va. Code § 61-3A-5 Civil liability
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(a) General rule. -- Any person who commits any of the acts described in section one of this article shall be civilly liable: (1) To restore the merchandise to the mercantile establishment; and (2) If such merchandise is not recoverable or is damaged, for actual damages, includin…
W. Va. Code § 61-3-50 Unauthorized transferral of recorded sounds; sale and possession; penalties; civil action; definition
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(a) No person shall knowingly and willfully for commercial advantage or private financial gain transfer by electronic or mechanical means or cause to be transferred by electronic or mechanical means with intent to sell for profit the recorded sounds contained on any phonograph re…
W. Va. Code § 61-3-51 Precious metals and gem dealers; records; prohibited acts
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(a) Each person, firm or corporation in the business of purchasing precious metals or precious gems, or both, for any purpose other than personal, family or household use, shall be subject to the provisions of this section. Each such purchaser shall secure from the seller of the …
W. Va. Code § 61-3-52 Wrongful injuries to timber; criminal penalties
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(a) Any person who knowingly and intentionally cuts down, injures, removes, or destroys, without the permission of the owner or his or her agent, timber of a value of $2,500 or less is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 or co…
W. Va. Code § 61-3-53 Unauthorized use of dumpsters
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(a) Any person who without authorization dumps garbage or trash, or assists in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another pers…
W. Va. Code § 61-3-54 Taking identity of another person; penalty
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Any person who knowingly takes the name, birth date, social security number, or other identifying information of another person, without the consent of that other person, with the intent to fraudulently represent that he or she is the other person for the purpose of making financ…
W. Va. Code § 61-3-55 Failure to pay for gasoline
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Any person who knowingly and willfully drives a motor vehicle off the premises of an establishment where gasoline offered for retail sale was dispensed into the fuel tank of the motor vehicle with the intent to avoid payment for the gasoline that was so dispensed shall be deemed …
W. Va. Code § 61-3-56 Scanning device or reencoder fraud; felony; definitions; and penalties
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(a) As used in this section, the term: (1) "Authorized user" means the person to whom a payment card is issued or any other person acting with the permission of the person to whom the card is issued; (2) "Merchant" means an owner or operator of any retail mercantile establishment…
W. Va. Code § 61-3-57 Possession of bogus receipts or universal product codes with intent to defraud; penalties
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Any person who, with intent to defraud, possesses fifteen or more fraudulently obtained or counterfeit sales receipts or fraudulently obtained or counterfeit universal product codes, or possesses a device the purpose of which is to manufacture counterfeit retail sales receipts or…
W. Va. Code § 61-3-58 Unlawful operation of a recording device
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(a)(1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater in order to record the motion picture that is being exhibited, without the written consent of the motion picture theater owner, and with intent to distribute, or …
W. Va. Code § 61-3-59 Misrepresentation of past or present military status or military awards to obtain anything of value; penalties
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(a) Any person who misrepresents himself or herself to: (1) Be a member or veteran of the armed forces of the United States; or (2) Be a recipient of any military commendation, decoration, or medal awarded to members of the armed forces of the United States or the several states …
W. Va. Code § 61-3-6 Willfully, unlawfully and maliciously setting fire on lands; penalty
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If any person willfully, unlawfully and maliciously sets fire to any woods, fence, grass, straw or other thing capable of spreading fire on lands, he or she shall be guilty of a felony and, upon conviction, shall be sentenced to the penitentiary for a definite term of imprisonmen…
W. Va. Code § 61-3C-6 Unauthorized possession of computer data or programs
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(a) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of $5,000 or more shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000 or imprisone…
W. Va. Code § 61-3B-6 Mine trespass; penalties
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(a) A person who willfully enters an underground coal mine, whether active workings, inactive workings, or abandoned workings, without permission, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than one year and nor mor…
W. Va. Code § 61-3A-6 Definitions
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(a) "Card-not-present credit or debit transaction" means a credit or debit sale of merchandise by telephone, mail order, Internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant. (b) “Conceal” me…
W. Va. Code § 61-3E-6 Causing death or injury to an explosives detection animal; penalty
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Any person who violates the provisions of this article which violation causes death, serious or debilitating bodily injury to an explosives detection animal owned or used by a law-enforcement agency, shall be guilty of a felony and, upon conviction thereof, be committed to the cu…
W. Va. Code § 61-3-60 Damage, destruction, or theft of equipment used by emergency responders; criminal penalties
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(a) Any person who knowingly and willfully damages, destroys, or commits the larceny of any equipment, or personal property, owned or operated by the state, a county or a municipality of this state, a volunteer fire department of this state, or a private entity that has contracte…
W. Va. Code § 61-3B-7 Animal or crop facilities trespass; penalties; injunctive relief
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(a) As used in this section: (1) "Animal" means poultry, livestock, domestic animals, and captive cervids owned and possessed by persons licensed pursuant to §19-2H-1 et seq. of this code. The term does not include an animal used for illegal gaming. (2) "Animal or crop facility" …
W. Va. Code § 61-3C-7 Alteration, destruction, etc., of computer equipment
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(a) Misdemeanor offenses. -- Any person who knowingly, willfully and without authorization, directly or indirectly, tampers with, deletes, alters, damages or destroys or attempts to tamper with, delete, alter, damage or destroy any computer, computer network, computer software, c…
W. Va. Code § 61-3-7 Causing injuries during an arson-related crime; penalties
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(a) Any person who violates the provisions of sections one, two, three, four, five or six of this article, which violation causes bodily injury, but does not result in death, to any person shall be guilty of a felony and, upon conviction thereof, shall be sentenced to the peniten…
W. Va. Code § 61-3A-7 Organized retail theft; offenses; penalties; cumulation; venue; forfeiture
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(a) Any person who enters into a common scheme or plan with two or more other persons to violate the provisions of section one of this article involving merchandise of a cumulative value of $2,000 or more with the intent to sell, trade or otherwise distribute the merchandise shal…
W. Va. Code § 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
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(a) Any person who knowingly manufactures, purchases, sells, advertises for sale, transports or possesses a hoax bomb with intent to violate any provision of this code shall be guilty of a misdemeanor. Any person convicted of a violation of this section shall be incarcerated in a…
W. Va. Code § 61-3-8 Recovery of costs incurred in fighting fires caused by arson
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Any person convicted of any felony enumerated in section one, two, three, four, five or six of this article may be ordered to reimburse any fire department or company for the costs expended to control, extinguish and suppress the arson fire, and all reasonable costs associated th…
W. Va. Code § 61-3C-8 Disruption of computer services
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(a) Any person who knowingly, willfully, and without authorization, directly or indirectly, disrupts or degrades, or causes the disruption or degradation of computer services, or denies or causes the denial of computer services to an authorized recipient or user of such computer …
W. Va. Code § 61-3B-8 Liability for damages; deferred judgment; dismissal
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(a) As applicable to this article, notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be liable to the property owner in the amount of twice the amount of such dama…
W. Va. Code § 61-3E-8 Theft of explosive material from storage magazines or buildings; penalty
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Any person who breaks and enters or shall enter without breaking any storage magazine, shop, office, storehouse, warehouse or any other building or out-house adjoining thereto, any railcar, boat, vessel or motor vehicle within the jurisdiction of any county within this state wher…
W. Va. Code § 61-3C-9 Unauthorized possession of computer information, etc
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Any person who knowingly, willfully and without authorization, possesses any computer data, computer software, computer supplies or a computer program which he knows or reasonably should know was obtained in violation of any section of this article shall be guilty of a misdemeano…
W. Va. Code § 61-3E-9 Receipt, possession, storage, sale or transportation of stolen explosive material; penalty
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Any person who receives, conceals, transports, ships, stores, barters, sells or disposes of any explosive material knowing or have reason to know that such materials is stolen is guilty of a felony and, upon conviction thereof, shall be committed to the custody of the Division of…
W. Va. Code § 61-4A-1 Definitions
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As used in this article: "Cardholder" means any person or party to whom a physical or virtual gift card is issued through a purchase or receives a gift card from a willing party. "Card issuer" means any person that issues a gift card or the agent of that person with respect to th…
W. Va. Code § 61-4-1 Forgery of public record, certificate, return or attestation of court or officer; penalty
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If any person forge a public record, or a certificate, return or attestation of a clerk of a court, notary public, judge, justice, or any public officer, in relation to any matter wherein such certificate, return, or attestation may be received as legal proof, or utter or attempt…
W. Va. Code § 61-4A-2 Larceny involving gift cards
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(a) Any person who, with the intent to defraud any other person or entity, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller and the value of the gift card or gift cards is les…
W. Va. Code § 61-4-2 Forgery of official seals; keeping or concealing instrument for forging same; penalty
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If any person forge, or keep or conceal any instrument for the purpose of forging, the seal of a court, or of any public office or body politic or corporate in this state, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less …