ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2376
(By Delegates Caputo, Prunty, Manchin,
Stalnaker, Varner, Marshall and Shaver)
[Passed April 13, 2001; in effect ninety days from passage.]
AN ACT to amend article eight, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eleven, relating to creating the misdemeanor offense for
intentionally breathing, inhaling, or drinking certain
intoxicating compounds; and providing a criminal penalty.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section eleven,
to read as follows:
Article 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-11.Breathing, inhaling, or drinking certain intoxicating
compounds; penalty.
(a)No person shall intentionally breathe, inhale, or drink
any compound, liquid, or chemical containing acetone, amylacetate, benzol or benzene, butyl acetate, butyl alcohol, carbon
tetrachloride, chloroform, cyclohexanone, ethanol or ethyl alcohol,
ethyl acetate, hexane, isopropanol or isopropyl alcohol, isopropyl
acetate, methyl "cellosolve" acetate, methyl ethyl ketone, methyl
isobutyl ketone, toluol or toluene, trichloroethylene, tricresyl
phosphate, xylol or xylene, or any other solvent, material
substance, chemical, or combination thereof, having the property of
releasing toxic vapors for the purpose of inducing a condition of
intoxication, stupefaction, depression, giddiness, paralysis, or
irrational behavior or in any manner changing, distorting, or
disturbing the auditory, visual, or mental processes. For the
purposes of this section, any condition so induced shall be deemed
to be an intoxicated condition.
(b) This section does not apply to:
(1) Any person who commits any act described herein pursuant
to the direction or prescription of a licensed physician or dentist
authorized to so direct or prescribe, including the inhalation of
anesthesia for medical or dental purposes; or
(2) To any alcoholic liquor or nonintoxicating beer as defined
in section five, article one, chapter sixty of this code.
(c) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars or be confined in a county
or regional jail for not more than sixty days, or both fined and
imprisoned.
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