H. B. 3141
(By Delegates Hamilton, Longstreth, Caputo,
D. Poling, Canterbury, Ireland, Manchin,
Andes, Walker and Cowles)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-16 of the Code of West Virginia,
1931, as amended, relating to the larceny of copper ground
wires or cables from communications towers sites.
Be it enacted by the Legislature of West Virginia:
That §61-3-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-16. Larceny of things savoring of realty.
Things which savor of the realty, and are at the time they are
taken part of the freehold, whether they be of the substance or
produce thereof, or affixed thereto, shall be deemed goods and
chattels, of which larceny may be committed, although there be no
interval between the severing and taking away. This includes
copper ground wires or cables which are on or underground at the
sites of any type of communications towers.
NOTE: The purpose of this bill is to include the larceny of
copper ground wires or cables from communications towers sites
under crimes against property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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