H. B. 2265


(By Delegates Proudfoot, Kominar and Mahan)

[Introduced February 16, 2001 ; referred to the

Committee on the Judiciary.]





A BILL 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 thirty-five-a, relating to creating a misdemeanor offense for digging or harvesting moss, shrubs, bushes, ferns, trees, stone, sand or other like things; and providing criminal penalty.

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 thirty-five-a, to read as follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-35a. Digging or harvesting on lands of another; penalty.

It is unlawful for any person to dig or harvest any moss, shrubs, bushes, trees, ferns, stone, sand, or other like things on the lands of another without the consent of the owner or owners thereof first obtained.

Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, is to be fined not more than one hundred dollars.




NOTE: The purpose of this bill is to criminalize the hunting, digging or harvesting of moss, shrubs, bushes, ferns, stone, sand or other like things on the lands of another. The crime is a misdemeanor with a fine of $100.

This section is new; therefore, strike-throughs and underscoring have been omitted.