H. B. 3049
(By Mr. Speaker, Mr. Kiss, and Delegates Beach,
Pino, Stalnaker, Amores, Poling, Varner and Stemple)
[Passed April 9, 2005; in effect ninety days from passage]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-9C, relating
to creating a new crime of wanton endangerment involving the
use of fire; and imposing a criminal penalty.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-9C, to read as
ARTICLE 3. CRIMES AGAINST THE PERSON.
§61-2-9c. Wanton endangerment involving the use of fire; penalty.
Any person who, during the manufacture or production of an
illegal controlled substance uses fire, the use of which creates
substantial risk of death or serious bodily injury to another due
to the use of fire, is guilty of a felony and, upon conviction,
shall be committed to the custody of the Division of Corrections for a definite term of years of not less than one nor more than
five years or, in the discretion of the court, confined in the
regional jail for not more than one year, or fined not less than
two hundred fifty dollars or more than two thousand five hundred
dollars, or both.