ENROLLED
Senate Bill No. 384
(By Senators Bowman, Plymale, Macnaughtan, Ross and Scott)
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[Passed March 9, 1996; in effect ninety days from passage.]
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AN ACT to amend article three, 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
fifty-two, relating to making it a felony to remove or
injure timber valued at more than one thousand dollars;
making it a misdemeanor to remove or injure timber valued at
one thousand dollars or less; creating penalties; and
creating exemptions.
Be it enacted by the Legislature of West Virginia:
That article three, 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 fifty-two, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-52. Wrongful injuries to timber; criminal penalties.
(a) Any person who willfully and maliciously and with intent
to do harm unlawfully enters upon the lands of another, cuts
down, injures, removes or destroys any timber valued at more than
one thousand dollars, without the permission of the owner or his
or her representative is guilty of a felony, and, upon conviction
thereof, shall be fined not more than three times the value of
timber injured, removed or destroyed, or imprisoned in a regional
jail for thirty days, or both fined and imprisoned.
(b) Any person who willfully and maliciously and with intent
to do harm unlawfully enters upon the lands of another, cuts
down, injures, removes or destroys any timber valued at one
thousand dollars or less, without the permission of the owner or
his or her representative is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than one thousand
dollars or imprisoned in the county or regional jail for not more
than thirty days.
(c) The necessary trimming and removal of timber to permit
the construction, repair, maintenance, cleanup and operations of pipelines and utility lines and appurtenances of public
utilities, public service corporations and to aid registered land
surveyors and professional engineers in the performance of their
professional services, and municipalities, and pipeline
companies, or lawful operators and product purchasers of natural
resources other than timber shall not be deemed a willful and
intentional cutting down, injuring, removing or destroying of
timber.
(d) The necessary trimming and removal of timber for
boundary line maintenance, for the construction, maintenance and
repair of streets, roads and highways or for the control and
regulation of traffic thereon by the state and its political
subdivisions or registered land surveyors and professional
engineers shall not be deemed a willful and intentional cutting
down, injuring, removing or destroying of timber.
(e) No fine or imprisonment imposed pursuant to this section
shall be construed to limit any cause of action by a landowner
for recovery of damages otherwise allowed by law.