H. B. 4306
(By Delegates Howard, Carmichael,
Hamilton and Sobonya)
[Introduced February 5, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-30 of the code of West Virginia,
1931, as amended, relating to providing for a felonious
destruction of property offense for destroying property worth
more than five thousand dollars; and increased penalties.
Be it enacted by the Legislature of West Virginia:
That §61-3-30 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property, monuments
designating land boundaries and of certain no
trespassing signs; penalties.
(a) If any person unlawfully, but not feloniously, take and
carry away, or destroy, injure or deface any property, real or
personal, not his
or her own,
he shall be is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than five hundred dollars, or imprisoned in the county
or regional
jail not more than one year, or both fined and imprisoned.
(b) If any person unlawfully take and carry away, or destroy, injure or deface any property, real or personal, not his or her
own, the worth of which exceeds five thousand dollars, is guilty of
a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility not less than one nor more than ten
years or imprisoned in a state correctional facility not more than
one year and fined not more than five hundred dollars.
(c) If any person shall break down, destroy, injure, deface or
remove any monument erected for the purpose of designating the
boundaries of a municipality, tract or lot of land, or any tree
marked for that purpose, or any sign or notice upon private
property designating no trespassing upon such property, except
signs or notices posted in accordance with the provisions and
purposes of sections seven, eight and ten, article two, chapter
twenty of this code,
he shall be is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than twenty
dollars nor more than two hundred dollars, or imprisoned in the
county
or regional jail not less than one nor more than six months,
or both fined and imprisoned. Justices of the peace and
magistrates shall have concurrent jurisdiction of all offenses
arising under the provisions of this section. The provisions of
this paragraph
shall may not apply to the owner, or his
or her
agent, of the lands on which such signs or notices are posted.
NOTE: The purpose of this bill is to provide for a felony
offense for destroying property worth more than five thousand
dollars with increased penalties.
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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