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Introduced Version House Bill 2519 History

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hb2519 intr
H. B. 2519


(By Delegate Hall)

[Introduced February 21, 2005 ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §61-3-12 of the code of West Virginia, 1931, as amended, relating to the criminal offense of breaking and entering a building other than a dwelling house; expanding the criminal intent element to include the intent to commit any crime; and thereby removing the limited element of an intent to commit a felony or larceny.

Be it enacted by the Legislature of West Virginia:
That §61-3-12 of the code of West Virginia, 1931, 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 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, breaks and enters or enters or shall enter 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 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 that an element of the crime of breaking and entering is the intent to commit any crime including the intent to commit a felony or larceny.

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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