Senate Bill No. 650
(By Senators Jenkins, Plymale and Kessler)
[Introduced March 20, 2009; referred to the Committee on the
A BILL to amend and reenact §61-11-6 of the Code of West Virginia,
1931, as amended, relating to increasing the penalty for
accessory after the fact to certain crimes to a felony;
establishing penalty; and creating exceptions.
Be it enacted by the Legislature of West Virginia:
That §61-11-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-6. Punishment of principals in the second degree and
accessories; who not deemed accessories after the
In the case of every felony, every principal in the second
degree, and every accessory before the fact, shall be punishable as
if he or she
were the principal in the first degree; and every
accessory after the fact shall be confined in jail not more than one year and fined not exceeding $500. But no person in the
relation of husband and wife, parent or grandparent, child or
grandchild, brother or sister, by consanguinity or affinity, or
servant to the offender, who, after the commission of a felony,
shall aid or assist a principal felon, or accessory before the
fact, to avoid or escape from prosecution or punishment, shall be
deemed an accessory after the fact.
(b) Notwithstanding the provisions of subsection (a) of this
section, an accessory after the fact to a violation of the
provisions of sections one, four, nine, nine-a and twelve, article
two, chapter sixty-one of this code, who is not a person in the
relation of husband and wife, parent, grandparent, child,
grandchild, brother or sister whether by consanguinity or affinity
shall, upon conviction, shall be guilty of a felony and, confined
in a state correctional facility for not less than one nor more
than five years.
NOTE: The purpose of this bill is to increase the penalty for
accessory after the fact to certain crimes to a felony; establish
a penalty; and creating exceptions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would