WEST VIRGINIA CODE
WVC 61-
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
WVC -10-
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
WVC 61-10-1
§61-10-1. Keeping or exhibiting gaming table, machine, or
device; penalty; seizure of table, machine or
device; forfeiture of money used in such gaming.
Any person who shall keep or exhibit a gaming table, commonly
called A.B.C. or E.O. table, or faro bank, or keno table, or any
slot machine, multiple coin console machine, multiple coin console
slot machine or device in the nature of a slot machine, or any
other gaming table or device of like kind, under any denomination,
or which has no name, whether the game, table, bank, machine or
device be played with cards, dice or otherwise, or shall be a
partner, or concerned in interest, in keeping or exhibiting such
table, bank, machine or gaming device of any character, shall be
guilty of a misdemeanor, and, upon conviction, shall be confined in
jail not less than two nor more than twelve months and be fined not
less than one hundred nor more than one thousand dollars. Any such
table, faro bank, machine or gaming device, and all money staked or
exhibited to allure persons to bet at such table, or upon such
gaming device, may be seized by order of a court, or under the
warrant of a justice, and the money so seized shall be forfeited to
the county and paid into the treasury of the county in which such
seizure is made, and the table, faro bank, machine or gaming device
shall be completely destroyed:
Provided, however, That the
provisions of this section shall not extend to coin-operated
nonpayout machines with free play feature or to automatic weighing,
measuring, musical and vending machines which are so constructed as
to give a certain uniform and fair return in value or services for
each coin deposited therein and in which there is no element of chance.
WVC 61-10-2
§61-10-2. Permitting gaming table or device on premises; penalty.
If any person knowingly permit a gaming table, bank or device,
such as is mentioned in the preceding section, to be kept or
exhibited on any premises in his occupation, he shall be guilty of
a misdemeanor, and, upon conviction, shall be confined in jail not
more than one year, and be fined not less than one hundred nor more
than one thousand dollars.
WVC 61-10-3
§61-10-3. Unlawful to act as doorkeeper, guard or watch for keeper
of gaming table or device; penalty.
If any person shall act as doorkeeper, guard or watch, or
employ another person to act as such, for a keeper or exhibitor of
any such gaming table, bank or device, or shall resist, or by any
means or device, prevent, hinder or delay the lawful arrest of such
keeper or exhibitor, or the seizure of the table, bank or device,
or money exhibited or staked thereat, or shall unlawfully take the
same from the person seizing it, he shall be guilty of a
misdemeanor, and, upon conviction, shall be confined in jail not
more than one year and be fined not exceeding one thousand dollars.
WVC 61-10-4
§61-10-4. Playing or betting at gaming tables and devices;
playing or betting on games at hotels and public
places; penalty.
If any person bet or play at any such gaming table, bank or
device as is mentioned in the first section of this article, or if,
at any hotel or tavern, or other public place, or place of public
resort, he play at any game except bowls, chess or backgammon,
draughts or a licensed game, or bet on the sides of those who play
at any game, whether the game be permitted or licensed or not, he
shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not less than five nor more than one hundred dollars, and
shall, if required by the court, give security for his good
behavior for one year, or, in default thereof, may be imprisoned in
the county jail not more than three months.
WVC 61-10-5
§61-10-5. Betting on games of chance; furnishing money or thing of
value therefor; penalty.
If any person at any place, public or private, bet or wage
money or other thing of value on any game of chance, or shall
knowingly furnish any money or other thing of value to any other
person to bet or wage on any such game, he shall be guilty of a
misdemeanor, and, upon conviction, shall be fined not less than
five nor more than three hundred dollars, and shall, if required by
the court, give security for his good behavior for one year, and in
default of the payment of such fine and the costs and the execution
of such bond, if such bond be required, shall be imprisoned in the
county jail not less than ten nor more than thirty days.
WVC 61-10-6
§61-10-6. Permitting gaming at hotels; penalty.
If the keeper of a hotel or tavern permit unlawful gaming at
his house, or at any outhouse, booth, arbor, or other place
appurtenant thereto or held therewith, he shall be guilty of a
misdemeanor, and, upon conviction, be fined not less than twenty
nor more than one hundred dollars, and shall forfeit his license,
and shall give security for his good behavior for one year, or, in
default of such security, be imprisoned in the county jail not more
than four months.
WVC 61-10-7
§61-10-7. Presumption against hotelkeeper.
In a prosecution under the preceding section, if the gaming be
proved, it shall be presumed it was permitted by the keeper of the
hotel, unless it appear that he did not know of or suspect such
gaming, or that he endeavored to prevent it, and gave information
of it, with the names of the players, to the next circuit court of
the county in which such gaming occurred, or to the prosecuting
attorney thereof.
WVC 61-10-8
§61-10-8. Gaming at outhouse of hotel; penalty.
If the keeper of a hotel or tavern let or hire to another
person any outhouse or other place, which has been at any time
appurtenant to or held with the house kept by him, with intent that
unlawful gaming be permitted thereat, he shall suffer the same
punishment and incur the same forfeiture as if such unlawful gaming
were permitted at his own principal house; and in a prosecution
therefor, if the gaming be proved, it shall be presumed that such
outhouse or other place was let or hired with intent aforesaid,
unless the presumption be repelled in the manner provided for in
the preceding section.
WVC 61-10-9
§61-10-9. Cheating at gaming; penalty.
If any person playing at any game, or making a wager, or
having a share in any stake or wager, or betting on the hands or
sides of others playing at any game or making a wager, shall cheat,
or by fraudulent means win or acquire for himself, or another,
money or other valuable thing, he shall be guilty of a misdemeanor,
and, upon conviction, shall be confined in jail not more than one
year and fined not less than five times the value of the money or
thing won or acquired.
WVC 61-10-10
§61-10-10. Poolroom defined; selling tickets and chances in
lottery; penalty.
The word "poolroom," wherever the same is used in this
section, shall be held and construed to mean any room where any
pool ticket, chance voucher or certificate is sold entitling or
purporting to entitle the holder or promisee thereof, or any other
person, to money or other thing of value, contingent upon the
result of any horse race, prizefight, game of chance, game of skill
or science, or other sport or contest. Any person who shall set up
or promote, or be connected with or interested in the management or
operation of any poolroom, his agents, servants or employees, they,
and each of them, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than two hundred nor
more than one thousand dollars for each offense, and may, in the
discretion of the court, be confined in jail not to exceed one
year. The buying, selling or transferring of tickets or chances in
any lottery shall be and the same is hereby prohibited.
WVC 61-10-11
§61-10-11. Lotteries or raffles; penalty.
If any person shall set up or promote or be concerned in
managing or drawing a lottery or raffle, for money or other thing
of value, or knowingly permit such lottery in any house under his
control, or knowingly permit money or other property to be raffled
for in such house, or to be won therein, by throwing or using dice,
or by any other game of chance, or knowingly permit the sale in
such house of any chance or ticket, or share of a ticket, in a
lottery, or any writing, certificate, bill, token or other device
purporting or intended to guarantee or assure to any person, or to
entitle him to a prize, or a share of, or interest in, a prize to
be drawn in a lottery, or shall, for himself, or any other person,
buy, sell, or transfer, or have in his possession for the purpose
of sale, or with intent to exchange, negotiate, or transfer, or
shall aid in selling, exchanging, negotiating, or transferring a
chance or ticket, or a share of a ticket, in a lottery, or any such
writing, certificate, bill, token or device, he shall be guilty of
a misdemeanor, and, upon conviction, shall, in the discretion of
the court, be confined in jail not more than one year or be fined
not exceeding one thousand dollars, or both:
Provided, however,
That this section shall not be deemed to apply to that certain type
or form of lottery or raffle designated and familiarly known as
"policy" or "numbers."
WVC 61-10-11a
§61-10-11a. "Policy" or "numbers"; penalty.
Any person who keeps, occupies or uses, or permits to be kept,
occupied or used, a place, building, room, table, establishment or
apparatus for "policy" or "numbers" playing or for the sale of what
are commonly called "lottery policies," or who delivers or receives
money or other valuable consideration in playing "policy" or
"numbers," or in aiding in the playing thereof, or for what is
commonly called a "lottery policy," or for any writing, or document
in the nature of a bet, wager, or insurance upon the drawing or
selection, or the drawn or selected numbers of any "policy" or
"numbers" lottery; or who shall have in his possession, knowingly,
any writing, paper or document, representing or being a record of
any chance, share or interest in numbers sold, drawn or selected,
or to be drawn or selected in what is commonly called "policy" or
"numbers," or in the nature of a bet, wager or insurance, upon the
drawing or selection, or the drawn or selected numbers of any
"policy" or "numbers" lottery; or any paper, print, writing,
number, device, policy slip, or article of any kind such as is
commonly used in carrying on, promoting or playing the game
commonly called "policy" or "numbers"; or who is the owner, agent,
superintendent, janitor or caretaker of any place, building, or
room where "policy" or "numbers" playing or the sale of what are
commonly called "lottery policies" is carried on with his knowledge
or after notification that the premises are so used, permits such
use to be continued, or who aids, assists, or abets in any manner,
in any of the offenses, acts or matters herein named, shall be
guilty of a felony, and upon conviction, shall, in the discretion of the court, either be confined in the penitentiary not less than
one year nor more than five years, or be confined in jail not less
than six nor more than twelve months and fined not less than two
hundred dollars nor more than one thousand dollars. Upon
commission of a second or subsequent offense under this section, he
shall be guilty of a felony, and upon conviction shall be confined
in the penitentiary of this state for a period of not less than two
years nor more than ten years.
WVC 61-10-11b
§61-10-11b. Possession of "policy" or "numbers" slips unlawful.
The possession, by any person other than a public officer
acting in his official capacity, of any writing, paper, or document
representing or being a record of any chance, share or interest in
numbers, sold, given away, drawn, or selected, or to be drawn or
selected, in what is commonly called "policy" or "numbers," or in
the nature of a bet, wager or insurance upon the drawing or
selection, or the drawn or selected numbers of any "policy" or
"numbers" lottery, or any paper, print, writing, numbers of device,
policy slip, or article of any kind, such as is commonly used in
carrying on, promoting or playing the game commonly called "policy"
or "numbers," is presumptive evidence of possession thereof
knowingly and in violation of the provisions of section eleven-a of
this article.
WVC 61-10-12
§61-10-12. Proceeds of lottery forfeited to the State.
All money and things of value drawn or proposed to be drawn by
an inhabitant of this State, and all money or other things of value
received by such person by reason of his being the owner or holder
of a ticket, or a share of a ticket, in any lottery, or pretended
lottery, contrary to the provisions of this article, shall be
forfeited to the State.
WVC 61-10-13
§61-10-13. Associations and companies trading as bank without
authority of law; penalty.
All members of any association or company that shall trade or
deal as a bank, or carry on banking, without authority of law, and
their officers and agents therein or thereof, shall be guilty of a
misdemeanor, and, upon conviction, shall be confined in jail not
more than six months, and fined not less than one hundred nor more
than five hundred dollars.
WVC 61-10-14
§61-10-14. Laws on gaming, lotteries and unchartered banks
remedial.
All laws for suppressing gaming, lotteries and unchartered
banks shall be construed as remedial.
WVC 61 - 10 - 15
§61-10-15. Pecuniary interest of county and district officers,
teachers and school officials in contracts;
exceptions; offering or giving compensation;
penalties.
(a) It is unlawful for any member of a county commission,
district school officer, secretary of a board of education,
supervisor or superintendent, principal or teacher of public
schools or any member of any other county or district board or any
county or district officer to be or become pecuniarily interested,
directly or indirectly, in the proceeds of any contract or service
or in the furnishing of any supplies in the contract for or the
awarding or letting of a contract if, as a member, officer,
secretary, supervisor, superintendent, principal or teacher, he or
she may have any voice, influence or control:
Provided, That
nothing in this section prevents or makes unlawful the employment
of the spouse of a member, officer, secretary, supervisor,
superintendent, principal or teacher as a principal or teacher or
auxiliary or service employee in the public schools of any county
or prevents or makes unlawful the employment by any joint county
and circuit clerk of his or her spouse.
(b) Any person who violates the provisions of subsection (a)
of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $50 nor more than $500 or
confined in jail not more than one year, or both fined and
confined.
(c) Any person convicted of violating the provisions of
subsection (a) of this section shall also be removed from his or
her office and the certificate or certificates of any teacher,
principal, supervisor or superintendent so convicted shall, upon
conviction thereof, be immediately revoked: Provided, That no
person may be removed from office and no certificate may be revoked
for a violation of the provisions of this section unless the person
has first been convicted of the violation.
(d) Any person, firm or corporation that offers or gives any
compensation or thing of value or who forebears to perform an act
to any of the persons named in subsection (a) of this section or to
or for any other person with the intent to secure the influence,
support or vote of the person for any contract, service, award or
other matter as to which any county or school district becomes or
may become the paymaster is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $500 nor more than
$2,500 and, in the court's discretion, the person or any member of
the firm or, if it is a corporation, any agent or officer of the
corporation offering or giving any compensation or other thing of
value may, in addition to a fine, be confined in jail for a period
not to exceed one year.
(e) The provisions of subsection (a) of this section do not
apply to any person who is a salaried employee of a vendor or
supplier under a contract subject to the provisions of said
subsection if the employee, his or her spouse or child:
(1) Is not a party to the contract;
(2) Is not an owner, a shareholder, a director or an officer
of a private entity under the contract;
(3) Receives no commission, bonus or other direct remuneration
or thing of value by virtue of the contract;
(4) Does not participate in the deliberations or awarding of
the contract; and
(5) Does not approve or otherwise authorize the payment for
any services performed or supplies furnished under the contract.
(f) The provisions of subsection (a) of this section do not
apply to any person who has a pecuniary interest in a bank within
the county serving or under consideration to serve as a depository
of funds for the county or board of education, as the case may be,
if the person does not participate in the deliberations or any
ultimate determination of the depository of the funds.
(g) The provisions of subsection (a) of this section do not
apply to any person who has a pecuniary interest in a public
utility which is subject to regulation by the Public Service
Commission of this state.
(h) Where the provisions of subsection (a) of this section
would result in the loss of a quorum in a public body or agency, in
excessive cost, undue hardship or other substantial interference
with the operation of a governmental body or agency, the affected
governmental body or agency may make written application to the
West Virginia Ethics Commission pursuant to subsection (d), section five, article two, chapter six-b of this code for an exemption from
subsection (a) of this section.
(i) The provisions of this section do not apply to
publications in newspapers required by law to be made.
(j) No school employee or school official subject to the
provisions of subsection (a) of this section has an interest in the
sale, proceeds or profits in any book or other thing used or to be
used in the free school system of this state, as proscribed in
section nine, article XII of the Constitution of West Virginia, if
they qualify for the exceptions set forth in subsection (e),
(f),(g) or (h) of this section.
(k) The provisions of subsection (a) of this section do not
prevent or make unlawful the employment of the spouse of any member
of a county commission as a licensed health care provider at
government-owned hospitals or other government agencies who provide
health care services: Provided, That the member of a county
commission whose spouse is employed or to be employed may not:
(1) Serve on the board for the government-owned hospital or
other government agency who provides health care services where his
or her spouse is employed or to be employed;
(2) Vote on the appointment of members to the board for the
government-owned hospital or other government agency who provides
health care services where his or her spouse is employed or to be
employed; or
(3) Seek to influence the hiring or promotion of his or her spouse by the government-owned hospital or other government agency
who provides health care services.
(l) The provisions of subsection (a) of this section do not
make unlawful the employment of a spouse of any elected county
official by that county official: Provided, That the elected
county official may not:
(1) Directly supervise the spouse employee; or
(2) Set the salary of the spouse employee: Provided, That the
provisions of this subsection shall only apply to spouse employees
who were neither married to nor engaged to the elected county
official at the time of their initial hiring.
WVC 61-10-16
§61-10-16. Picture or theatrical act reflecting upon any race or
class of citizens; penalty.
It shall be unlawful for any person, corporation or company to
advertise, exhibit, display or show any picture or theatrical act
in any theater or other place of public amusement or entertainment
within this state, which shall in any manner injuriously reflect
upon the proper and rightful progress, status, attainment or
endeavor of any race or class of citizens, calculated to result in
arousing the prejudice, ire or feelings of one race or class of
citizens against any other race or class of citizens. Any person,
corporation or company violating any of the provisions of this
section shall be guilty of a misdemeanor, and, upon conviction,
shall be fined not less than one hundred nor more than one thousand
dollars, and may, in the discretion of the court, be confined in
jail not more than thirty days.
WVC 61-10-17
§61-10-17. Lobbying on floor of Legislature; ejection of
lobbyist; penalty; jurisdiction.
It shall be unlawful for any person to lobby for or against
any measure on the floor of either House of the Legislature while
the same is in session. If any person be found so lobbying in
violation of this section, it shall be the duty of the sergeant at
arms to eject such person from the floor of either House of the
Legislature, upon his own knowledge, or upon the complaint of any
member. Any person violating the provisions of this section shall
be guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than fifty nor more than two hundred dollars, and in
addition thereto he shall be imprisoned in the county jail of the
county where such conviction is had, for not less than ten days nor
more than six months. Any of the circuit courts, criminal courts,
or justices of the peace within the county of Kanawha are hereby
given jurisdiction of the offense herein set forth, and the
proceedings hereunder shall be conducted as for other offenses.
WVC 61 - 10 - 18
§61-10-18.
Repealed.
Acts, 2010 Reg. Sess., Ch. 34.
WVC 61-10-19
§61-10-19. Cornering market in foods or other necessities of
life; penalty.
It shall be unlawful for any person or body of persons buying
or selling any foodstuffs, fuel or any article or articles
pertaining to necessities of life, either in his individual
capacity or as an officer, agent, or employee of a corporation, or
a member of a partnership, to store any such foodstuffs, fuel,
article or articles for the purpose of cornering the market or
affecting the market price thereof, or for the purpose of limiting
the supply thereof to the public, whether temporarily or otherwise.
Any person violating any of the provisions of this section shall be
deemed guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than one hundred nor more than one thousand
dollars, and may, in the discretion of the court, be confined in
the county jail not exceeding one year.
WVC 61-10-20
§61-10-20. Failure of employers to provide certain benefits for
employees.
In addition to any other penalty or punishment otherwise
prescribed by law, any employer who is party to an agreement to pay
or provide benefits or wage supplements and who without reasonable
justification willfully fails or refuses to pay the amount or
amounts necessary to provide such benefits or furnish such
supplements within thirty days after such payments are required to
be made, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor more
than five hundred dollars. When such employer is a corporation,
the president, secretary, treasurer or officer exercising
responsibility for such nonpayment shall be guilty of the offense
prohibited by this section.
WVC 61-10-21
§61-10-21. Unlawful use of prefix "Doctor" or "Dr." penalty.
It shall be unlawful for any person to use the prefix "Doctor"
or "Dr." in connection with his name in any letter, business card,
advertisement, sign or public display of any nature whatsoever,
without affixing thereto suitable words or letters designating the
degree which he holds. Any person who shall violate the provisions
of this section shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined for each such offense not less
than ten nor more than five hundred dollars, or imprisoned in the
county jail not more than twelve months, or both fined and
imprisoned, in the discretion of the court.
WVC 61-10-22
§61-10-22. Bribery of participants in professional or amateur
games and horse racing; penalty.
Whoever gives, promises or offers to any professional or
amateur baseball, football, basketball, hockey player or boxer or
any player who participates in any professional or amateur game or
sport or any jockey, driver, groom or any person participating in
any horse race, including owners of racetracks and their employees,
stewards, trainers, judges, starters, special policemen, any
valuable thing with intent to influence him to lose or try to lose
or cause to be lost a baseball, football, basketball or hockey
game, boxing match or a horse race or any professional or amateur
sport, or game, in which such player or participant or jockey or
driver is taking part or expects to take part, or has any duty or
connection therewith, or who, being either a professional or
amateur baseball, football, basketball, hockey player, boxer, or
jockey, driver, or groom or participant in any sport or game
solicits or accepts any valuable thing to influence him to lose or
cause to be lost a baseball, football, basketball, hockey or boxing
match, or horse race or any professional or amateur game or any
professional or amateur sport in which he is taking part, or
expects to take part, or has any duty or connection therewith,
shall be guilty of a felony, and punishable by imprisonment for not
less than one year, nor more than three years, or by a fine of not
more than one thousand dollars, or by both fine and imprisonment.
WVC 61-10-23
§61-10-23. Debt pooling; definition; offenses; penalty;
jurisdiction; pleading and proof.
"Debt pooling" shall mean the rendering in any manner of
advice or services of any and every kind in the establishment or
operation of a plan pursuant to which a debtor would deposit or
does deposit funds for the purpose of distributing such funds among
his creditors. It shall be unlawful for any person to solicit in
any manner a debt pooling. It shall further be unlawful for any
person, except licensed attorneys, to make any charge for a debt
pooling by way of fee, reimbursement of costs, or otherwise, in
excess of an amount equal to two percent of the total amount of
money actually deposited pursuant to a debt pooling:
Provided,
That any nonprofit firm, corporation or voluntary association may
make an additional charge not exceeding five percent of the total
amount of money actually deposited pursuant to a debt pooling, to
defray costs of counseling services furnished for the benefit of
its clientele of debtors generally with respect to personal money
management. Any person, whether acting as agent or otherwise, who
violates any provision of this section shall be guilty of a
misdemeanor, and, upon conviction, shall be fined not less than one
hundred nor more than two hundred fifty dollars or confined in jail
not less than thirty nor more than sixty days or both. Justices of
the peace and other competent courts shall have concurrent
jurisdiction of offenses under this section. It shall not be
necessary in any warrant issued or indictment returned under this
section to allege exceptions or provisos contained in this section
but in the trial of an offense subject thereto it shall be the duty of the state to negative such exceptions and provisos.
WVC 61-10-24
§61-10-24.
Repealed.
Acts, 1969 Reg. Sess., Ch. 150.
WVC 61 - 10 - 25
§61-10-25.
Repealed.
Acts, 2010 Reg. Sess., Ch. 34.
WVC 61 - 10 - 26
§61-10-26.
Repealed.
Acts, 2010 Reg. Sess., Ch. 34.
WVC 61 - 10 - 27
§61-10-27.
Repealed.
Acts, 2010 Reg. Sess., Ch. 34.
WVC 61 - 10 - 28
§61-10-28.
Repealed.
Acts, 2010 Reg. Sess., Ch. 34.
WVC 61 - 10 - 29
§61-10-29.
Repealed.
Acts, 2010 Reg. Sess., Ch. 34.
WVC 61-10-30
§61-10-30. Open water wells prohibited.
It shall be unlawful for any person to keep, maintain or allow
any abandoned or currently used water well upon any land in which
such person has any right to possession as owner, tenant or
otherwise, which does not have affixed thereto a cover of
sufficient strength to prevent any person from accidentally falling
into such well.
WVC 61-10-31
§61-10-31. Conspiracy; construction of section; penalties.
It shall be unlawful for two or more persons to conspire (1)
to commit any offense against the state or (2) to defraud the
state, the state or any county board of education, or any county or
municipality of the state, if, in either case, one or more of such
persons does any act to effect the object of the conspiracy.
Nothing in this section shall be construed to supersede,
limit, repeal or affect the provisions of section eight, article
nine, chapter three; section two, article one, chapter five;
section thirty-eight, article three, chapter five-a; section seven,
article seven, chapter twenty; section sixteen, article six,
chapter sixty; sections seven, eight, nine and ten, article six,
chapter sixty-one; or section one, article eight, chapter
sixty-two; all of this code. It shall not be a defense to any
prosecution under this section thirty-one that the conduct charged
or proven is also a crime under any other provision or provisions
of this code or the common law.
Any person who violates the provisions of this section by
conspiring to commit an offense against the state which is a
felony, or by conspiring to defraud the state, the state or any
county board of education, or any county or municipality of the
state, shall be guilty of a felony, and, upon conviction thereof,
shall be punished by imprisonment in the penitentiary for not less
than one nor more than five years or by a fine of not more than ten
thousand dollars, or, in the discretion of the court, by both such
imprisonment and fine. Any person who violates the provisions of
this section by conspiring to commit an offense against the state which is a misdemeanor shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by confinement in the county
jail for not more than one year or by a fine of not more than one
thousand dollars, or, in the discretion of the court, by both such
confinement and fine.
WVC 61 - 10 - 32
§61-10-32. Unlawful contact with a Division of Corrections
employee or member of the parole board; penalty.
(a) It shall be unlawful for a former inmate of the Division
of Corrections to make a telephone call to a Division of
Corrections employee or member of the parole board when the
employee has requested in writing to that former inmate that he or
she not call and the former inmate has actually been served with a
copy of the written request.
(b) It shall be unlawful for a former inmate of the Division
of Corrections to willfully and repeatedly follow a Division of
Corrections employee or member of the parole board with whom he or
she seeks to establish a personal or social relationship when the
Division of Corrections employee or member of the parole board has
expressed to the former inmate that he or she wishes not to have
contact with the former inmate.
(c) It shall be unlawful for a former inmate of the Division
of Corrections to harass or make credible threats against a
Division of Corrections employee or member of the parole board.
(d) Any offense committed under subsection (a) may be deemed
to have occurred at the place at which the telephone call was made,
or the place at which the telephone call was received.
(e) Any person who violates any provision of this section
shall be guilty of a misdemeanor and, upon conviction thereof,
shall, for a first offense, be fined not more than five hundred
dollars. Any person violating this section for a second offense shall be imprisoned not less than ten days nor more than six
months, or both fined and imprisoned.
(f) For purposes of this section:
(1) "Harass" means willful conduct directed at a specific
person or persons which would cause a reasonable person mental
injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made
with apparent ability to carry out the threat and with the result
that a reasonable person would believe that the threat would be
carried out;
(3) "Bodily injury" means substantial physical pain, illness
or any impairment of physical condition;
(4) "Immediate family" means a spouse, parent, stepparent,
mother-in-law, father-in-law, child, stepchild, sibling, or any
person who regularly resides in the household or within the prior
six months regularly resided in the household.
(g) Upon conviction, the court may issue an order restraining
the defendant from any contact with the victim for a period not to
exceed ten years. The length of any restraining order shall be
based upon the seriousness of the violation before the court, the
probability of future violations, and the safety of the victim or
his immediate family. The duration of the restraining order may be
longer than five years only in cases when a longer duration is
necessary to protect the safety of the victim or his or her
immediate family.
(h) It is a condition of bond for any person accused of the
offense described in this section that the person is to have no
contact, direct or indirect, verbal or physical with the alleged
victim.
Note: WV Code updated with legislation passed through the 2012 1st Special Session