Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2441 History

   |  Email


hb2441 intr
H. B. 2441


(By Delegates Beach, Perry and Stemple)

[Introduced February 16, 2005; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as amended, all relating to increasing the fines for trespass to structures and conveyances and to all other tangible properties.

Be it enacted by the Legislature of West Virginia:

That §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 3B. TRESPASS.

§61-3B-2. Trespass in structure or conveyance.

Any person who knowingly enters in, upon or under a structure or conveyance without being authorized, licensed or invited, or having been authorized, licensed or invited is requested to depart by the owner, tenant or the agent of such owner or tenant, and refuses to do so, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one five hundred dollars.
If the offender is armed with a firearm or other dangerous weapon while in the structure or conveyance, with the unlawful and felonious intent to do bodily injury to a human being in said the structure or conveyance at the time the offender knowingly trespasses, such the offender shall is, notwithstanding the provisions of section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one five hundred dollars nor more than five hundred one thousand dollars, or be confined in the county jail for a period not to exceed twelve months, or both such fine and imprisonment fined and imprisoned.
§61-3B-3. Trespass on property other than structure or conveyance.

(a) Any person who knowingly and without being authorized, licensed or invited, enters or remains on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one five hundred dollars.
(b) If the offender defies an order to leave, personally communicated to him or her by the owner, tenant or agent of such owner or tenant, or if the offender opens any door, fence or gate and thereby exposes animals, crops or other property to waste, destruction or freedom or causes any damage to property by such trespassing on property other than a structure or conveyance, he shall be or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one five hundred dollars nor more than five hundred one thousand dollars or imprisoned in the county jail for a period not to exceed six months, or both such fine and imprisonment fined and imprisoned.
(c) If the offender is armed with a firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to a human being during his or her commission of the offense of trespass on property other than a structure or conveyance, such the offender shall is, notwithstanding the provisions of section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor and, upon conviction thereof, shall be confined imprisoned in the county jail for a term not to exceed six months, or fined not more than one five hundred dollars, or both such fine and imprisonment fined and imprisoned.
(d) Notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be is liable to the property owner in the amount of twice the amount of such the damage: Provided, That the provisions of this article shall may not apply in a labor dispute.

NOTE: The purpose of this bill is to discourage misdemeanor trespass by increasing the fines for those violations.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***