WVC 15 - 1 D- 8
§15-1D-8. Duty to retire from unlawful assembly.
Whenever any shot is fired or missile thrown at, against or
upon any body of the national guard, or upon any officer or
member thereof, assembling or assembled for the performance of
any duty under the provisions of this article, it shall forthwith
be the duty of every person in the assembly from which such shot
is fired, or missile thrown, to immediately disperse and retire
therefrom, without awaiting any order to do so; and any person
knowing or having reason to believe that a shot has been so
fired, or missile thrown from any assembly of which such person
forms a part or with which he is present, and failing without
lawful excuse to retire immediately from such assembly, shall be
guilty of a misdemeanor; and any person so remaining in such
assembly, after being duly commanded to disperse, shall be guilty
of a felony, and on conviction shall be imprisoned in the
penitentiary not less than one nor more than two years.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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