WVC 15 - 1 D- 3
§15-1D-3. Use of military force to disperse riots, etc.
Before using any military force in the dispersion of any
riot, rout, tumult, mob or unlawful assembly, or combination
mentioned in this article, it shall be the duty of the civil
authorities present, or if none be present, then of the officer
in command of the troops, or some person by him deputed, to
command the persons composing such riotous, tumultuous or
unlawful assembly or mob to disperse and retire peaceably to
their respective abodes and business; but in no case shall it be
necessary to use any set or particular form of words in ordering
the dispersion of any riotous, tumultuous or unlawful assembly;
nor shall any such command be necessary where the officer or
person, in order to give it, would necessarily be put in imminent
danger of loss of life or great bodily harm, or where such
unlawful assembly or mob is engaged in the commission or
perpetration of any forcible or atrocious felony, or in
assaulting or attacking any civil officer or person lawfully
called to aid in the preservation of the peace, or is otherwise
engaged in actual violence to persons and property.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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