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State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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West Virginia W. Va. Code §61-1-3. Failure to give information of treason
If any person have any knowledge of treason against the state, and shall not, as soon as may be, give information thereof to the governor or some conservator of the
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peace, he shall be guilty of a felony, and, upon conviction, shall be fined not exceeding one thousand dollars, or by confinement in the penitentiary not less than one nor more than five years.
$0 - $1000 Felony No Court no
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West Virginia W. Va. Code §61-1-4. Attempt to justify or uphold invasion or insurrection
If any person shall attempt to justify or uphold an armed invasion of this state, or an organized insurrection therein, by speaking, writing, or printing, or by publishing or circulating
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any written or printed document, or in any other way whatever, during the continuance of such invasion or insurrection, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one thousand dollars, and be confined in jail not exceeding twelve months.
$0 - $1000 Misdemeanor Yes Court no
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West Virginia W. Va. Code §61-1-7. Penalty for unlawful speeches, publications, and communications.
Any person violating any of the provisions of section five of this article, shall, for the first offense, be guilty of a misdemeanor, and, upon conviction, shall be fined not
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less than $100 nor more than $500, or, in the discretion of the court, be confined in jail not exceeding twelve months, or both; and, for the second offense, shall be guilty of a felony, and, upon conviction shall be confined in a state correctional facility not less than one nor more than five years.
$100 - $500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-1-8. Desecration of flag
Any person who for exhibition or display shall place, or cause to be placed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature, upon any flag,
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standard, color or ensign of the United States, or upon the state flag of this state, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature or kind, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale or to give away, or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise, or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed, a representation of any such flag, standard, color or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by words or acts, upon any such flag, standard, color or ensign, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than one hundred dollars, and may, at the discretion of the court or justice trying the case, be confined in jail for a period not exceeding thirty days. Any justice of the peace of the county wherein the offense was committed shall have concurrent jurisdiction of such offense with the circuit or other courts of such county. The words "flag, standard, color or ensign of the United States," as used in this section, shall be construed to include any flag, standard, color, ensign, or any representation or picture of a flag, standard, color or ensign, made of or upon any substance whatever, and of any size whatever, showing the national colors, the stars and stripes. This section shall not apply to any act permitted by the statutes of the United States, or of this state, or by the regulations of the United States army and navy, or of the national guard of this state, or of the members of the department of public safety; nor shall this section be construed to apply to the regular issue of a newspaper or other periodical, or to any book, certificate, diploma, warrant or commission, on which shall be printed said flag, disconnected from any advertisement, or to the vignette of any political ballot.
$5 - $100 Misdemeanor Yes Court no
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West Virginia W. Va. Code §61-1-9 Impersonation of law - enforcement officer or official
Any person who shall falsely represent himself or herself to be a law-enforcement officer or law-enforcement official or to be under the order or direction of any such person, or
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any person not a law-enforcement officer or law-enforcement official who shall wear the uniform prescribed for such persons, or the badge or other insignia adopted for use by such persons with the intent to deceive another person, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars.
$100 - $1000 Misdemeanor Yes Court no
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West Virginia W. Va. Code §61-2-5 Involuntary manslaughter
Involuntary manslaughter is a misdemeanor, and any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed one thousand dollars, or both,
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in the discretion of the court.
$0 - $1000 Misdemeanor No Court no
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West Virginia W. Va. Code §61-2-5a Concealment of deceased human body
(a) Any person who, by any means, knowingly and willfully conceals, attempts to conceal or who otherwise aids and abets any person to conceal a deceased human body where death
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occurred as a result of criminal activity is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year nor more than five years and fined not less than one thousand dollars, nor more than five thousand dollars.
$1000 - $5000 Felony Yes Court no
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West Virginia W. Va. Code §61-2-9(a) Malicious or unlawful assault; assault; battery(unlawful assault)
(a) If any person maliciously shoot, stab, cut or wound any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill,
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he or she shall, except where it is otherwise provided, be guilty of a felony and, upon conviction, shall be punished by confinement in a state correctional facility not less than two nor more than ten years. If such act be done unlawfully, but not maliciously, with the intent aforesaid, the offender is guilty of a felony and, upon conviction, shall either be in a state correctional facility not less than one nor more than five years, or be confined in jail not exceeding twelve months and fined not exceeding $500.
$0 - $500 Felony No Court no
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West Virginia W. Va. Code §61-2-9(b) Malicious or unlawful assault; assault; battery(assault)
(b) Assault. -- Any person who unlawfully attempts to use physical force capable of causing physical pain or injury to the person of another or unlawfully commits an act that
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places another in reasonable apprehension of immediately suffering physical pain or injury, he or she is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than six months, or fined not more than $100, or both fined and confined.
$0 - $100 Misdemeanor No Court no
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West Virginia W. Va. Code §61-2-9(c) Malicious or unlawful assault; assault; battery(battery)
(c) Battery. -- Any person who unlawfully and intentionally makes physical contact with force capable of causing physical pain or injury to the person of another or unlawfully and intentionally
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causes physical pain or injury to another person, he or she is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than twelve months, or fined not more than $500, or both fined and confined.
$0 - $500 Misdemeanor No Court no
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West Virginia W. Va. Code §61-2-9a(a) Stalking; harassment
(a) Any person who repeatedly follows another knowing or having reason to know that the conduct causes the person followed to reasonably fear for his or her safety or suffer
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significant emotional distress, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one thousand dollars, or both.
$0 - $1000 Misdemeanor No Court no
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West Virginia W. Va. Code §61-2-9a(b) Stalking; harassment
(b) Any person who repeatedly harasses or repeatedly makes credible threats against another is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional
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jail for not more than six months or fined not more than one thousand dollars, or both.
$0 - $1000 Misdemeanor No Court no
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West Virginia W. Va. Code §61-2-9a(c) Stalking; harassment
(c) Notwithstanding any provision of this code to the contrary, any person who violates the provisions of subsection (a) or (b) of this section in violation of an order entered
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by a circuit court, magistrate court or family court judge, in effect and entered pursuant to part 48-5-501, et seq., part 48-5-601, et seq. or 48-27-403 of this code is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county jail for not less than ninety days nor more than one year or fined not less than two thousand dollars nor more than five thousand dollars, or both.
$2000 - $5000 Misdemeanor No Court no
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West Virginia W. Va. Code §61-2-9a. Stalking; harassment
(d) A second or subsequent conviction for a violation of this section occurring within five years of a prior conviction is a felony punishable by incarceration in a state correctional
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facility for not less than one year nor more than five years or fined not less than three thousand dollars nor more than ten thousand dollars, or both.
$3000 - $10000 Felony No Court no
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West Virginia W. Va. Code §61-2-9a. Stalking; harassment
(e) Notwithstanding any provision of this code to the contrary, any person against whom a protective order for injunctive relief is in effect pursuant to the provisions of section five
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hundred one, article twenty-seven, chapter forty-eight of this code who has been served with a copy of said order or section six hundred eight, article five, chapter forty-eight of this code who is convicted of a violation of the provisions of this section shall be guilty of a felony and punishable by incarceration in a state correctional facility for not less than one year nor more than five years or fined not less than three thousand dollars nor more than ten thousand dollars, or both.
$3000 - $10000 Felony No Court no
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West Virginia W. Va. Code §61-2-9c. Wanton endangerment involving the use of fire
Any person who, during the manufacture or production of an illegal controlled substance uses fire, the use of which creates substantial risk of death or serious bodily injury to another
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due to the use of fire, is guilty of a felony and, upon conviction, shall be committed to the custody of the Division of Corrections for a definite term of years of not less than one nor more than five years or, in the discretion of the court, confined in the regional jail for not more than one year, or fined not less than two hundred fifty dollars or more than two thousand five hundred dollars, or both.
$250 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-2-9d. Strangulation
(b) Any person who strangles another without that person’s consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction
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thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned.
$0 - $2500 Felony No Court no
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West Virginia W. Va. Code §61-2-10. Assault during commission of or attempt to commit a felony
If any person in the commission of, or attempt to commit a felony, unlawfully shoot, stab, cut or wound another person, he shall be guilty of a felony and, upon
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conviction, shall, in the discretion of the court, either be confined in the penitentiary not less than two nor more than ten years, or be confined in jail not exceeding one year and be fined not exceeding one thousand dollars.
$0 - $1000 Felony No Court no
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West Virginia W. Va. Code §61-2-11. Unlawful shooting at another in street, alley or public resort
If any person unlawfully shoot at another person in any street or alley in a city, town or village, or in any place of public resort, he shall be guilty
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of a misdemeanor, and, upon conviction, shall be confined in jail not less than six months nor more than three years, and be fined not less than one hundred nor more than one thousand dollars.
$100 - $1000 Misdemeanor Yes Court no
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West Virginia W. Va. Code §61-2-13. Extortion or attempted extortion by threats(Attempted extortion by threats)
If any person threaten injury to the character, person or property of another person, or to the character, person or property of his wife or child, or to accuse him
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or them of any offense, and thereby extort money, pecuniarily benefit, or any bond, note or other evidence of debt, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years. And if any person make such threat of injury or accusation of an offense as herein set forth, but fail thereby to extort money, pecuniarily benefit, or any bond, note or other evidence of debt, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than two nor more than twelve months and fined not less than fifty nor more than five hundred dollars.
$50 - $500 Misdemeanor Yes Court no