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543 sections in this chapter.
W. Va. Code § 61-4A-3 Tampering involving gift cards
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(a) Any person who, with the intent to defraud any other person or entity, alters or tampers with a gift card or its packaging and the value of the gift card or gift cards is less than $1,000 is guilty of the misdemeanor crime of tampering with a gift card and upon conviction the…
W. Va. Code § 61-4-3 Counterfeiting; penalty
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If any person forge any coin, current by law or usage in this state, or any note or bill of a banking institution, or fraudulently make any base coin, or a note or bill purporting to be the note or bill of a banking institution, when such banking institution does not exist; or ut…
W. Va. Code § 61-4-4 Making plates, etc., for forgery; possession of same; penalty
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If any person engrave, stamp, or cast, or otherwise make or mend any plate, block, press or other thing adapted and designed for the forging and false-making of any writing or other thing, the forging or false-making whereof is punishable by this article; or if such person have i…
W. Va. Code § 61-4A-4 False pretenses involving gift cards
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(a) Any person who, with intent to defraud any other person or entity, devises a scheme to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises, and the …
W. Va. Code § 61-4-5 Forging or uttering other writing; penalty; creation of unauthorized demand draft
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(a) If any person forge any writing, other than such as is mentioned in the first and third sections of this article, to the prejudice of another's right, or utter or attempt to employ as true such forged writing, knowing it to be forged, he shall be guilty of a felony and, upon …
W. Va. Code § 61-4-6 Possession of counterfeit with intent to utter; penalty
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If any person have in his possession forged bank notes, or pieces of forged or base coin, such as are mentioned in the third section of this article, knowing the same to be forged or base, with intent to utter or employ the same as true, or to sell, exchange, or deliver them, so …
W. Va. Code § 61-4-7 Unauthorized currency; penalty
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If any person shall, without authority of law, issue any note or other security purporting that money or other thing of value is payable by or on behalf of such person, with intent thereby to create a circulating medium, he shall be guilty of a misdemeanor, and, upon conviction, …
W. Va. Code § 61-4-8 Passing or receiving unauthorized currency knowingly; penalty
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If any person not punishable under the provisions of the preceding section shall knowingly pass or receive in payment any such note or security, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $10 nor more than $100.
W. Va. Code § 61-4-9 Unauthorized use, transfer, acquisition, alteration or possession of certain benefits
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(a) For the purposes of this section: (1) "Benefits" means any payment, allotments, money, goods or other things of value granted pursuant to a benefit program; (2) "Benefit access device" means any card, plate, account number or other means of access that can be used, alone or i…
W. Va. Code § 61-5-1 Perjury and subornation of perjury defined
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(a) Any person who is under an oath or affirmation which has been lawfully administered and who willfully testifies falsely regarding a material matter in a trial of any person, corporation or other legal entity for a felony, or before any grand jury which is considering a felony…
W. Va. Code § 61-5A-1 Short title
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This article shall be known and may be cited as the “Bribery and Corrupt Practices Act.”
W. Va. Code § 61-5-10 Persons in custody of institutions or officers
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Whoever escapes or attempts to escape by any means from the custody of a county sheriff, the director of the Regional Jail Authority, an authorized representative of said persons, a law-enforcement officer, probation officer, employee of the Division of Corrections, court bailiff…
W. Va. Code § 61-5A-10 Construction; certain other code provisions not affected; article not to affect offenses committed under other statutory provisions
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Under no circumstances whatever shall this article be construed as superseding or in any way affecting the provisions of (1) chapter three of this code dealing with bribery and other corrupt practices and criminal offenses in connection with elections, election officials, voters …
W. Va. Code § 61-5-11 Escapes and aiding in escapes; terms of confinement in addition to previous sentence
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The terms of confinement specified in section eleven, article four, chapter twenty-five of this code or in sections eight, nine and ten of this article shall be in addition to the period or periods of confinement to which any person convicted under this section may be subject to …
W. Va. Code § 61-5A-11 Severability
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If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article, and to this end the provisions of this article are declared to be severable.
W. Va. Code § 61-5-12 Escapes from, and other offenses relating to, state benevolent and correctional institution, or private prison or mental health facilities; penalties
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Except where otherwise provided, whoever abducts any person who is an inmate or patient of any state benevolent or correctional institution, private prison or mental health facility is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for n…
W. Va. Code § 61-5-12A Escape from custody of the commissioner of corrections
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Any person who escapes from the custody of the commissioner of corrections, regardless of where such person is confined or where such escape occurs, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than five years. A term of im…
W. Va. Code § 61-5-12B Escape from custody of the Director of Juvenile Services
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(a) Any person, under the age of 18 years of age, who escapes or attempts to escape from the custody of the Director of Juvenile Services, regardless of where that person is confined or where the escape occurs, is guilty of a delinquent act and subject to the jurisdiction of the …
W. Va. Code § 61-5-13 Refusal of officer to make, or delay in making, arrest; penalty
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If any officer wilfully and corruptly refuse to execute any lawful process, requiring him to apprehend or confine a person convicted of or charged with an offense, or shall wilfully and corruptly omit or delay to execute such process, whereby such person shall escape and go at la…
W. Va. Code § 61-5-14 Refusal of person to aid officer; penalty
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If any person shall, on being required by any sheriff or other officer, refuse or neglect to assist him in the execution of his office in a criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in any case …
W. Va. Code § 61-5-15 Refusal of person to execute order of arrest by justice; penalty
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If any person, being required by a justice, on view of a breach of the peace or other offense, to bring before him the offender, shall refuse or neglect to obey the justice, he shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided in the preceding …
W. Va. Code § 61-5-16 Refusal of officer to execute act or process of Legislature or order of Governor; penalty
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Any officer of this state whose duty it is to execute or enforce any act of the Legislature, or any legal process or proceeding arising thereunder, or any lawful order or proclamation of the Governor of the state, and who shall wilfully neglect or refuse to execute or enforce the…
W. Va. Code § 61-5-17 Obstructing officer; fleeing from officer; making false statements to officer; interfering with emergency communications; penalties; definitions
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(a) A person who by threats, menaces, acts, or otherwise forcibly or illegally hinders, or obstructs or attempts to hinder or obstruct a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, or a ful…
W. Va. Code § 61-5-17A Obstructing a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel causing death; penalty
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(a) Notwithstanding any provision of this code to the contrary, any person who knowingly, willfully, and forcibly obstructs or hinders a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy…
W. Va. Code § 61-5-18 Officer not liable for act done under statute or executive order afterward declared unconstitutional
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No officer in the lawful exercise or discharge of his official duty under any act of the Legislature, or any order or proclamation of the Governor of this state, shall be held personally responsible therefor in any action, suit, prosecution or proceeding, civil or criminal, by re…
W. Va. Code § 61-5-19 Compounding offenses and misprision; penalties
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If any person, knowing of the commission of an offense, take any money, or reward, or an engagement therefor, upon an agreement or undertaking, expressed or implied, to compound or conceal such offense, or not to prosecute therefor, or not to give evidence thereof, he shall, if s…
W. Va. Code § 61-5-2 False swearing defined
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To wilfully swear falsely, under oath or affirmation lawfully administered, in a trial of the witness or any other person for a felony, concerning a matter or thing not material, and on any occasion other than a trial for a felony, concerning any matter or thing material or not m…
W. Va. Code § 61-5A-2 Definitions
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The following words and phrases when used in this article shall have the meanings respectively ascribed to them in this section unless the context clearly requires a different meaning: (1) “Government” includes the state, the state or any county board of education, or any county …
W. Va. Code § 61-5-20 Exacting excessive fees; penalty
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If any officer, for performing an official duty for which a fee or compensation is allowed or provided by law, knowingly demand and receive a greater fee or compensation than is so allowed or provided, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not …
W. Va. Code § 61-5-21 Issuing fraudulent fee bills; penalty
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If any person authorized by law to charge fees for services performed by him and to issue fee bills therefor, fraudulently issue a fee bill for a service not performed by him or for more than he is entitled to, he shall be guilty of a misdemeanor, and, upon conviction, shall be f…
W. Va. Code § 61-5-22 Alteration, concealment or destruction of public record by officer; penalty
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If any clerk of a court, or other public officer, fraudulently make a false entry, or erase, alter or destroy any record in his keeping and belonging to his office, or shall wilfully secrete any such record from any person having the right to inspect the same, he shall be guilty …
W. Va. Code § 61-5-23 Larceny, concealment or destruction of public record by person not officer; penalty
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If any person, other than an officer in lawful charge thereof, steal, fraudulently secrete or destroy, a public record or any part thereof, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and be fined not exceeding $1,00…
W. Va. Code § 61-5-24 Corrupt summoning of jurors to find biased verdict; penalty
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A sheriff or other officer who, corruptly, or through favor or ill will, shall summon a juror, with intent that such juror shall find a verdict for or against any party to an action, or shall be biased in his conduct as such juror, shall be guilty of a misdemeanor, and, upon conv…
W. Va. Code § 61-5-25 Procuring the summoning of biased juror by party other than officer; penalty
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If any person shall procure or attempt to procure a juror to be summoned, with intent that such juror shall find a verdict for or against either party to an action, or shall be biased in his conduct as such juror, he shall be guilty of a misdemeanor, and, upon conviction, shall b…
W. Va. Code § 61-5-25A Discrimination against employee summoned for jury duty; penalty
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It is unlawful for any person to terminate or threaten to terminate from employment, or decrease the regular compensation of employment of an employee for time the employee was not actually away from his employment because an employee received, or was served with a summons for ju…
W. Va. Code § 61-5-26 Contempt of court; what constitutes contempt; jury trial; presence of defendant
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The courts and the judges thereof may issue attachment for contempt and punish them summarily only in the following cases: (a) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice; (b) violence or threats of violen…
W. Va. Code § 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; making public threats directed at inciting lawless action penalties
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(a) Definitions. — As used in this section: "Fraudulent" means not legally issued or sanctioned under the laws of this state or of the United States, including forged, false, and materially misstated; "Legal process" means an action, appeal, document instrument, or other writing …
W. Va. Code § 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
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(a) Definitions. -- For the purpose of this section, the following terms have the meaning ascribed to them in section twenty-seven of this article: “Fraudulent”, “legal process”, “official proceeding”, “person”, “public official or employee”, “recorder”, and “tribunal”. (b) Fraud…
W. Va. Code § 61-5-28 Failure to perform official duties; penalty
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Any person holding any office or appointment in this state, who shall wilfully fail or refuse to perform any duty required of him by law, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, if no other punishment be prescribed by law therefor, be fined not exce…
W. Va. Code § 61-5-29 Failure to meet an obligation to pay support to a minor; penalties
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(1) A person who: (a) Repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor; and (b) is subject to court order to pay any amount for the support of a minor…
W. Va. Code § 61-5-3 Penalties for perjury, subordination of perjury, and false swearing
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A person convicted of perjury or subordination of perjury shall be confined in the penitentiary not less than one nor more than ten years, and a person convicted of false swearing shall be fined not more than $1,000, and, in the discretion of the court, confined in jail not more …
W. Va. Code § 61-5A-3 Bribery in official and political matters
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A person is guilty of bribery under the provisions of this section if he offers, confers or agrees to confer to or upon another, or solicits, accepts or agrees to accept from another, directly or indirectly: (1) Any pecuniary benefit as consideration for the recipient's official …
W. Va. Code § 61-5-30 Causing death or injury to public safety animals; criminal penalties; right of self-defense; exception; and restitution
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(a) As used in this section: "Public safety animal" means a dog and any other animal specifically trained to assist public safety officers or persons working under the direction of, or in cooperation with, public safety officers in the performance of their official duties; "Publi…
W. Va. Code § 61-5-31 Bystanders shall stand 30 feet back from first responders engaged in the lawful performance of their duties
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(a) As used in this section, the term: "First responder" includes a law-enforcement officer as defined in §30-29-1 of this code, a probation officer as described in §62-12-6 of this code, or a firefighter or emergency responder as defined in §5H-1-2 of this code. (b) It is unlawf…
W. Va. Code § 61-5-4 Bribery or attempted bribery; penalty
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If any person shall bribe, by directly or indirectly giving to or bestowing upon, or shall attempt to bribe by directly or indirectly giving to or bestowing upon, any executive, legislative, judicial, or ministerial officer of this state, or any member of the Legislature, after h…
W. Va. Code § 61-5A-4 Unlawful rewarding for past behavior
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(a) It shall be unlawful for any person to solicit, accept or agree to accept, directly or indirectly, a pecuniary benefit for: (1) Having engaged in official action as a public servant; or (2) Having violated a legal duty as a public servant. (b) It shall also be unlawful for an…
W. Va. Code § 61-5-5 Demanding or receiving bribes; penalty
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Any executive, legislative, judicial or ministerial officer, or member of the Legislature, who shall demand, receive or accept any gift, gratuity, money, testimonial or other valuable thing, or shall exact any promise to make such gift or to pay to him money, testimonial or other…
W. Va. Code § 61-5A-5 Threats in official and political matters
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It shall be unlawful for any person to threaten harm to another with intent to influence the official action of a public servant in a pending or prospective administrative or judicial proceeding before such public servant, or with intent to influence a public servant or party off…
W. Va. Code § 61-5-6 Receiving bribe by officer in delay of service of process; penalty
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If any officer authorized to serve legal process receive any money or other thing of value for omitting or delaying to perform any duty pertaining to his office, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months and be f…
W. Va. Code § 61-5A-6 Gifts or gratuities to public servants prohibited; exceptions
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(a) It shall be unlawful: (1) For any public servant in any department, agency, division, board, bureau or commission of government exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the governmen…
