Engrossed Version
House Bill 2652 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
H. B. 2652
(By Delegates Pethtel and Staton)
Introduced March 19, 1993; referred to the
Committee on the Judiciary)
A BILL to amend and reenact section eleven, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
elements of the crime of burglary and daytime entering
without breaking; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section eleven, article three, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11. Burglary; entry of dwelling or outhouse; penalties.
(a) Burglary shall be a felony and any person convicted
thereof shall be confined in the penitentiary not less than one
nor more than fifteen years. If any person shall, in the
nighttime, break and enter, or enter without breaking, or shall,
in the daytime, break and enter, the dwelling house, or an
outhouse adjoining thereto or occupied therewith, of another,with intent to commit a felony or any larceny crime therein, he
shall be deemed guilty of burglary.
(b) If any person shall, in the daytime, enter without
breaking a dwelling house, or an outhouse adjoining thereto or
occupied therewith, of another, with intent to commit a felony or
any larceny crime therein, he shall be deemed guilty of a felony,
and, upon conviction, shall be confined in the penitentiary not
less than one nor more than ten years.
(c) The term "dwelling house," as used in subsections (a)
and (b) of this section, shall include, but not be limited to, a
mobile home, house trailer, modular home, factory built home or
self-propelled motor home, used as a dwelling regularly or only
from time to time, or any other nonmotive vehicle primarily
designed for human habitation and occupancy and used as a
dwelling regularly or only from time to time.