§61-3-1. Burning, etc., of a dwelling or outbuilding; first degree
arson; penalty; definitions.
(a) Any person who willfully and maliciously sets fire to or
burns, or who causes to be burned, or who aids, counsels, procures,
persuades, incites, entices or solicits any person to burn, any
dwelling, whether occupied, unoccupied or vacant, or any
outbuilding, whether the property of himself or herself or of
another, shall be guilty of arson in the first degree and, upon
conviction thereof, be sentenced to the penitentiary for a definite
term of imprisonment which is not less than two nor more than
twenty years. A person imprisoned pursuant to this section is not
eligible for parole prior to having served a minimum of two years
of his or her sentence or the minimum period required by the
provisions of section thirteen, article twelve, chapter sixty-two
of this code, whichever is greater.
(b) As used in subsection (a) of this section:
(1) "Dwelling" means any building or structure intended for
habitation or lodging, in whole or in part, regularly or
occasionally, and shall include, but not be limited to, any house,
apartment, hotel, dormitory, hospital, nursing home, jail, prison,
mobile home, house trailer, modular home, factory-built home or
self-propelled motor home;
(2) "Outbuilding" means any building or structure which
adjoins, is part of, belongs to, or is used in connection with a
dwelling, and shall include, but not be limited to, any garage,
shop, shed, barn or stable.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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