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Chapter 61     Entire Code


ARTICLE 1. CRIMES AGAINST THE GOVERNMENT.

ARTICLE 2. CRIMES AGAINST THE PERSON.

ARTICLE 3. CRIMES AGAINST PROPERTY.

ARTICLE 3A. SHOPLIFTING.

ARTICLE 3B. TRESPASS.

ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.

ARTICLE 3D. THEFT OF CABLE TELEVISION SERVICES.

ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.

ARTICLE 4. FORGERY AND CRIMES AGAINST THE CURRENCY.

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

ARTICLE 5A. BRIBERY AND CORRUPT PRACTICES.

ARTICLE 6. CRIMES AGAINST THE PEACE.

ARTICLE 7. DANGEROUS WEAPONS.

ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS; DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT OF RIGHTS PROCEDURES.

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

ARTICLE 8A. PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.

ARTICLE 8B. SEXUAL OFFENSES.

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

ARTICLE 8D. CHILD ABUSE.

ARTICLE 8E. DISPLAY OF VIDEO RATINGS OR LACK THEREOF.

ARTICLE 8F. SEX OFFENDER REGISTRATION ACT.

ARTICLE 9. EQUITABLE REMEDIES IN AID OF CHASTITY, MORALITY AND DECENCY.

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

ARTICLE 11B. CRIMINAL OFFENSE REDUCTION.

ARTICLE 12. POSTMORTEM EXAMINATIONS.

ARTICLE 12A. FATALITY AND MORTALITY REVIEW TEAM.

ARTICLE 13. ANTI-ORGANIZED CRIMINAL ENTERPRISE ACT.

ARTICLE 14. HUMAN TRAFFICKING.

ARTICLE 15. MONEY LAUNDERING.

ARTICLE 16. USE OF UNMANNED AIRCRAFT SYSTEMS.

§61-16-1. Definitions.

As used in this article:

(1) “Aircraft” means any device now known or subsequently invented, used, or designed for flight in the air, including, but not limited to, unmanned aircraft vehicles or systems;

(2) “Unmanned aircraft system” or “system” means an aircraft that is operated without direct human intervention from inside or on the aircraft and includes the crewmember, the associated support equipment, the control station, data links, telemetry, communications, and navigation equipment necessary to operate the unmanned aircraft, including, but not limited to, drones;

(3) “Unmanned aircraft system operator” or “operator” means a person exercising control over an unmanned aircraft system during flight.

§61-16-2. Prohibited use of an unmanned aircraft system; criminal penalties.

(a) Except as authorized by the provisions of this article, a person may not operate an unmanned aircraft system:

(1) To knowingly and intentionally capture or take photographs, images, video, or audio of another person or the private property of another, without the other person’s permission, in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, capturing, or recording through a window;

(2) To knowingly and intentionally view, follow, or contact another person or the private property of another without the other person’s permission in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, viewing, following, or contacting through a window;

(3) To knowingly and intentionally harass another person;

(4) To violate a restraining order or similar judicial order;

(5) To act with a willful wanton disregard for the safety of persons or property; or

(6) To knowingly and intentionally operate an unmanned aircraft system in a manner that interferes with the official duties of law enforcement personnel or emergency medical personnel.

(b) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail for not more than one year, or both fined and confined.

(c) Any person who equips an unmanned aircraft system with any deadly weapon or operates any unmanned aircraft system equipped with any deadly weapon, other than for military in an official capacity, is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

(d) Any person who operates an unmanned aircraft system with the intent to cause damage to or disrupt in any way the flight of a manned aircraft is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 imprisoned for not less than one nor more than five years, or both fined and imprisoned.

(e) A person that is authorized by the Federal Aviation Administration to operate unmanned aircraft systems for commercial purposes may operate an unmanned aircraft system in this state for such purposes if the unmanned aircraft system is operated in a manner consistent with federal law.

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