H. B. 2754
(By Delegates Hall, Amores, L. Smith,
Anderson, Paxton and Martin)
[Introduced March 6, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article three, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the criminal
offense of breaking and entering a building other than a
dwelling and removing intent as an element of that offense.
Be it enacted by the Legislature of West Virginia:
That section twelve, 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.
§61-3-12. Entry of building other than dwelling; entry of
railroad, traction or motorcar, steamboat or other
vessel; penalties; counts in indictment.
If Any person
shall, who at any time,
break and enter, or
shall enter breaks and enters or enters without breaking, any
office, shop, storehouse, warehouse, banking house or any house or building, other than a dwelling house or outhouse adjoining thereto
or occupied therewith, or any railroad or traction car, propelled
by steam, electricity or otherwise, or any steamboat or other boat
or vessel, within the jurisdiction of any county in this state
with intent to commit
a felony or any larceny, he shall be deemed
any crime is guilty of a felony and, upon conviction
thereof, shall
be
confined in the penitentiary imprisoned in a state correctional
facility not less than one nor more than ten years.
And if any
Any person
shall who, at any time,
break and enter, or shall enter
breaks and enters or enters without breaking, any automobile,
motorcar or bus, with like intent, within the jurisdiction of any
county in this state,
he shall be is guilty of a misdemeanor and,
upon conviction
thereof, shall be confined in the county
or
regional jail not less than two nor more than twelve months and be
fined not exceeding one hundred dollars.
An indictment for burglary may contain one or more counts for
breaking and entering, or for entering without breaking, the house
or building mentioned in the count for burglary under the
provisions of this and the preceding section.
NOTE: The purpose of this bill is to
provide intent to commit
a crime as an element of the
criminal offense of breaking and
entering or entering without breaking a building other than a
dwelling
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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