H. B. 2992
(By Mr. Speaker, Mr. Kiss, and Delegates Pino,
Stalnaker, Amores, Poling, Varner, Stemple and Beach)
(Originating in the Committee on the Judiciary)
[March 22, 2005]
A BILL to amend and reenact §61-3E-10 of the Code of West Virginia,
1931, as amended, relating to adding operation of a
clandestine drug laboratory to the crime of wanton
endangerment involving a destructive device, an explosive
material, or an incendiary device.
Be it enacted by the Legislature of West Virginia:
That §61-3E-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.
§61-3E-10. Wanton endangerment involving performance of an act
with a destructive device, an explosive material, or
an incendiary device or involving operation of a
illegal drug laboratory; penalties.
(a) It is unlawful for a person to create a substantial risk of death or serious bodily injury to another person:
(1) By wantonly performing an act with a destructive device,
explosive material or incendiary device; or
(2) By knowingly engaging in, or knowingly permitting, the
operation of an illegal drug laboratory:
(A) As the owner, lessee or occupant of real property;
(B) As a household member or guest of the owner, lessee or
occupant of real property; or
(C) As an employee or another person under the control of such
owner, lessee, occupant, household member or guest.
(b) A person who violates the provisions of subsection (a) of
this section is guilty of a felony and, upon conviction thereof, he
or she shall be fined not more than ten thousand dollars or be
committed to the custody of the Division of Corrections for not
less than two years nor more than ten years, or both fined and