H. B. 2519
(By Delegate Hall)
[Introduced February 21, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-12 of the code of West Virginia,
1931, as amended, relating to the criminal offense of breaking
and entering a building other than a dwelling house; expanding
the criminal intent element to include the intent to commit
any crime; and thereby removing the limited element of an
intent to commit a felony or larceny.
Be it enacted by the Legislature of West Virginia:
That §61-3-12 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-12. Entry of building other than dwelling; entry of
railroad, traction or motorcar, steamboat or other
vessel; penalties; counts in indictment.
If any Any person
shall who, at any time,
break and enter, or
shall enter breaks and enters or enters without breaking, any
office, shop, storehouse, warehouse, banking house, or any house or
building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, or any railroad or traction car, propelled
by steam, electricity or otherwise, or any steamboat or other boat
or vessel, within the jurisdiction of any county in this State,
with intent to commit
a felony or any larceny, he shall be deemed
any crime is guilty of a felony and, upon conviction
thereof, shall
be
confined in the penitentiary imprisoned in a state correctional
facility not less than one nor more than ten years.
And if any Any
person
shall who, at any time,
break and enter, breaks and enters
or enters or shall enter without breaking, any automobile, motorcar
or bus, with like intent, within the jurisdiction of any county in
this State,
he shall be is guilty of a misdemeanor and, upon
conviction
thereof, shall be confined in
the county jail not less
than two nor more than twelve months and be fined not exceeding one
hundred dollars.
An indictment for burglary may contain one or more counts for
breaking and entering, or for entering without breaking, the house
or building mentioned in the count for burglary under the
provisions of this and the preceding section.
NOTE: The purpose of this bill is to provide that an element
of the crime of breaking and entering is the intent to commit any
crime including the intent to commit a felony or larceny.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.