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Chapter 61     Entire Code
‹ Chapter 60A  |  Chapter 62 › Printer Friendly Versions
Chapter 61  |  Article 61 - 13
WVC 61- CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 13 - ANTI-ORGANIZED CRIMINAL ENTERPRISE ACT ARTICLE 13. ANTI-ORGANIZED CRIMINAL ENTERPRISE ACT.
WVC 61 - 13 - 1 §61-13-1. Findings.
(a) The Legislature hereby finds that there is evidence of an increasing incidence of larger scale organized criminal activity in various parts of this State and that new statutes are necessary to protect the lives and property of the overwhelming majority of West Virginians who are law-abiding citizens. The evidence presented to the Legislature reflects that persons engaged in larger scale ongoing criminal enterprises are of all ages, multiple racial and ethnic origin and all pose a rising threat.

(b) The Legislature further finds that there is a tendency among certain of these enterprises to actively recruit, sometimes coercively, people into joining such organizations as well as organized efforts to intimidate witnesses who may be in a position to offer testimony regarding the organized criminal enterprises and that such behavior cannot be tolerated.

(c) The Legislature further finds that lawful use of public nuisance and forfeiture laws can substantially aid in a reduction of larger scale organized criminal enterprises.

(d) The Legislature further finds that criminal statutes tailored to the particular problems represented by such organized criminal enterprises combined with community education and existing alternative sentencing laws can aid in reducing this new threat.

WVC 61 - 13 - 2 §61-13-2. Definitions.
As used in this article:

"Organized criminal enterprise" means a combination of five or more persons engaging over a period of not less than six months in one or more of the qualifying offenses set forth in this section.

"Qualifying offense" means a violation of the felony provisions of section eleven, article forty-one, chapter thirty-three of this code; the felony provisions of chapter sixty-a of this code; the felony provisions of article two of this chapter; the provisions of sections one, two, three, four, five, eleven, twelve, thirteen, fourteen, eighteen, nineteen, twenty-four, twenty-four-a, twenty-four-b and twenty-four-d, article three of this chapter; the felony provisions of sections article three-c of this chapter; the felony provisions of article three-e of this chapter; the felony provisions of article four of this chapter; the provisions of section eight, article eight of this chapter; the felony provisions of article eight-a of this chapter and the felony provisions of article eight-c of this chapter.

WVC 61 - 13 - 3 §61-13-3. Offenses.
(a) Any person who knowingly and willfully becomes a member of an organized criminal enterprise and who knowingly promotes, furthers or assists in the commission of any qualifying offense himself or herself or in combination with another member of an organized criminal enterprise shall be guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not more than ten years or fined not more than $25,000, or both. The offense set forth in this subsection is separate and distinct from that of any qualifying offense and may be punished separately.

(b) Any person who knowingly solicits, invites, recruits, encourages or causes another to become a member of an organized criminal enterprise or to assist members of an organized criminal enterprise to aid or assist in the commission of a qualifying offense by one or more members of an organized criminal enterprise shall be guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not more than five years or fined not more than $10,000, or both.

(c) Any person who shall, by threats, menaces, or otherwise, intimidate, or attempt to intimidate, a witness for the state in any prosecution under the provisions of this article, for the purpose of preventing the attendance of such witness at the trial of such case or to change testimony, or shall in any way or manner prevent, or attempt to prevent, the attendance of any such witness at such trial, shall be guilty of a felony, and, upon conviction, shall be confined not more than ten years.

WVC 61 - 13 - 4 §61-13-4. Premises used by organized criminal enterprises; nuisances; actions for injunction, abatement and damages; other remedies for unlawful use; exceptions.
(a) Every private building or place used by members of an organized criminal enterprise for the commission of qualifying offenses is a nuisance and may be the subject of an injunction or cause of action for damages or for abatement of the nuisance as provided for in article nine of this chapter.

(b) Any person may file a petition for injunctive relief with the appropriate court seeking eviction from or closure of any premises used for the operation of an organized criminal enterprise. Upon proof by the plaintiff that the premises are being used by members of an organized criminal enterprise for the commission of a qualifying offense or offenses, the court may order the owner of record or the lessee of the premises to remove or evict the persons from the premises and order the premises sealed, prohibit further use of the premises, or enter such order as may be necessary to prohibit the premises from being used for the commission of a pattern of criminal gang activity and to abate the nuisance.

WVC 61 - 13 - 5 §61-13-5. Forfeiture.
(a) The following are declared to be contraband and no

person shall have a property interest in them:

(1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this article; and

(2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this article.

(b) In any action under this section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.

(c) Forfeiture actions under this section shall use the procedures set forth in article seven, chapter sixty-a of this code.

WVC 61 - 13 - 6 §61-13-6. Exempted activities; limitations on scope.
Nothing in this section shall be construed to prevent lawful assembly and petition for the lawful redress of grievances, including, but not limited to, any labor or employment relations issue; demonstration at the seat of federal, state, county, or municipal government; or activities protected by the West Virginia Constitution or the United States Constitution or any statute of this state or the United States.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§61 - 3 B- 1 - (Amended Code)
SENATE BILL - 43
PASSED - Regular Session

SB43 SUB1 ENR  (Uploaded - 03/11/2016)
Clarifying means of posting to prohibit hunting or trespassing
§61 - 3 B- 3 - (Amended Code)
SENATE BILL - 323
PASSED - Regular Session

SB323 ENR  (Uploaded - 03/10/2016)
Correcting statute subsection designations regarding trespassing on property
§61 - 8 D- 10 - (New Code)
SENATE BILL - 326
PASSED - Regular Session

SB326 SUB1 ENR  (Uploaded - 03/11/2016)
Repeal and recodify law relating to contributing to delinquency of minor child
§61 - 7 A- 1 - (Amended Code)
§61 - 7 A- 2 - (Amended Code)
§61 - 7 A- 3 - (Amended Code)
§61 - 7 A- 4 - (Amended Code)
SENATE BILL - 338
PASSED - Regular Session

SB338 SUB1 ENR  (Uploaded - 03/11/2016)
Compiling and maintaining Central State Mental Health Registry
§61 - 2 - 10 A - (Amended Code)
SENATE BILL - 361
PASSED - Regular Session

SB361 SUB1 ENR  (Uploaded - 03/18/2016)
Prohibiting persons who have committed crimes against elderly from performing community service involving elderly
§61 - 3 - 29 - (Amended Code)
SENATE BILL - 567
PASSED - Regular Session

SB567 SUB1 enr  (Uploaded - 03/18/2016)
Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities
§61 - 2 - 10 B - (Amended Code)
SENATE BILL - 578
PASSED - Regular Session

SB578 ENR  (Uploaded - 03/18/2016)
Protecting utility workers from crimes against person
§61 - 8 - 30 - (New Code)
HOUSE BILL - 2122
PASSED - Regular Session

HB2122 SUB ENR  (Uploaded - 03/07/2016)
Making it illegal for first responders to photograph a corpse; Jonathan's Law
§61 - 8 - 31 - (New Code)
HOUSE BILL - 2205
PASSED - Regular Session

HB2205 SUB ENR  (Uploaded - 03/23/2016)
Creating the crime of prohibited sexual contact by a psychotherapist
§61 - 3 C- 14 B - (Amended Code)
§61 - 8 A- 4 - (Amended Code)
HOUSE BILL - 2366
PASSED - Regular Session

HB2366 SUB ENR  (Uploaded - 03/17/2016)
Relating generally to the solicitation of minors
§61 - 11 - 22 A - (New Code)
HOUSE BILL - 2494
PASSED - Regular Session

hb2494 ENR  (Uploaded - 03/15/2016)
Creating a provisional plea process in criminal cases
§61 - 3 E- 1 - (Amended Code)
§61 - 3 E- 11 - (Amended Code)
HOUSE BILL - 2852
PASSED - Regular Session

HB2852 SUB ENR  (Uploaded - 03/09/2016)
Relating to legalizing and regulating the sale and use of fireworks
§61 - 6 - 23 - (Amended Code)
HOUSE BILL - 4174
PASSED - Regular Session

HB4174 SUB ENR  (Uploaded - 03/18/2016)
Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house
§61 - 8 - 19 A - (Amended Code)
§61 - 8 - 19 B - (Amended Code)
§61 - 8 - 19 C - (New Code)
HOUSE BILL - 4201
PASSED - Regular Session

HB4201 SUB ENR  (Uploaded - 03/16/2016)
Increasing the criminal penalties for participating in an animal fighting venture
§61 - 2 - 29 B - (Amended Code)
HOUSE BILL - 4309
PASSED - Regular Session

hb4309 ENR  (Uploaded - 03/23/2016)
Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person
§61 - 10 - 33 - (New Code)
HOUSE BILL - 4314
PASSED - Regular Session

HB4314 SUB ENR  (Uploaded - 03/15/2016)
Prohibiting the sale of powdered or crystalline alcohol
§61 - 2 - 9 D - (New Code)
HOUSE BILL - 4362
PASSED - Regular Session

hb4362 ENR  (Uploaded - 03/05/2016)
Establishing a felony offense of strangulation
§61 - 3 C- 14 A - (Amended Code)
HOUSE BILL - 4448
PASSED - Regular Session

HB4448 SUB ENR  (Uploaded - 03/16/2016)
Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act
§61 - 11 A- 8 - (Amended Code)
HOUSE BILL - 4558
PASSED - Regular Session

hb4558 ENR  (Uploaded - 03/23/2016)
Relating to victim notification and designation of additional individuals to receive notice of an offender's release
§61 - 5 - 27 - (Amended Code)
HOUSE BILL - 4724
PASSED - Regular Session

hb4724 ENR  (Uploaded - 03/18/2016)
Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation
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