WVC 61 - 5 - 10
§61-5-10. Persons in custody of institutions or officers.
Whoever escapes or attempts to escape by any means from the
custody of a county sheriff, the director of the regional jail
authority, an authorized representative of said persons, a
law-enforcement officer, probation officer, employee of the
division of corrections, court bailiff, or from any institution,
facility, or any alternative sentence confinement, by which he or
she is lawfully confined, if the custody or confinement is by
virtue of a charge or conviction for a felony, is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility for not more than five years; and if the
custody or confinement is by virtue of a charge or conviction for
a misdemeanor, is guilty of a misdemeanor and, upon conviction
thereof, he or she shall be confined in a county or regional jail
for not more than one year.