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ENROLLED
Senate Bill No. 610
(By Senators Wooton, Burnette, Caldwell, Fanning,
Hunter, Kessler, Minard, Mitchell, Oliverio,
Rowe, Deem, Facemyer and McKenzie)
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[Passed March 5, 2002; in effect ninety days from passage.]
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AN ACT to amend and reenact section eight, article eleven, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
penalty for attempts to commit offenses punishable by life
imprisonment.
Be it enacted by the Legislature of West Virginia:
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That section eight, article eleven, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-8. Attempts; classification and penalties therefor.
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Every person who attempts to commit an offense, but fails to
commit or is prevented from committing it, shall, where it is not
otherwise provided, be punished as follows:
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(1) If the offense attempted be punishable with life imprisonment, the person making such attempt shall be guilty of a
felony and, upon conviction, shall be imprisoned in the
penitentiary not less than three nor more than fifteen years.
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(2) If the offense attempted be punishable by imprisonment in
the penitentiary for a term less than life, such person shall be
guilty of a felony and, upon conviction, shall, in the discretion
of the court, either be imprisoned in the penitentiary for not less
than one nor more than three years, or be confined in jail not less
than six nor more than twelve months, and fined not exceeding five
hundred dollars.
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(3) If the offense attempted be punishable by confinement in
jail, such person shall be guilty of a misdemeanor and, upon
conviction, shall be confined in jail not more than six months, or
fined not exceeding one hundred dollars.