§61-3-34. Taking or injuring garden or field crops; penalties.
If a person enters the orchard, field, garden or market garden
of another person, without the consent of the owner or occupier
thereof, and does any damage to the fruit, vegetables, grain or
grass growing or being thereon, or takes, carries away, injures or
destroys any of the grain, fruit, grass or vegetables growing or
being thereon, the person is guilty of a misdemeanor, and, upon
conviction, shall be fined not more than five hundred dollars, or
confined in jail not exceeding six months, or both. If a person
commits any of the acts mentioned herein, and if it is charged in
the indictment or information and proved that the property injured
or destroyed, or taken or carried away, is of a greater value than
one thousand dollars, the person is guilty of a felony, and, upon
conviction, shall be imprisoned in the penitentiary not less than
one year nor more than ten years, or, in the discretion of the
court, be confined in jail not more than one year and fined not
less than fifty nor more than two thousand five hundred dollars.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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