Senate Bill No. 13
(By Senator Barnes)
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[Introduced January 13, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-3B-2 and §61-3B-3 of the Code of
West Virginia, 1931, as amended, all relating to increasing
penalties for certain criminal trespassing offenses.
Be it enacted by the Legislature of West Virginia:
That §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3B. TRESPASS.
§61-3B-2. Trespass in structure or conveyance.
Any person who knowingly enters in, upon or under a structure
or conveyance without being authorized, licensed or invited, or
having been authorized, licensed or invited is requested to depart
by the owner, tenant or the agent of such owner or tenant, and
refuses to do so, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not
less than $100 nor more than
one hundred dollars $500.
If the offender is armed with a firearm or other dangerous
weapon while in the structure or conveyance, with the unlawful and
felonious intent to do bodily injury to a human being in said
structure or conveyance at the time the offender knowingly
trespasses, such offender shall, notwithstanding the provisions of
section one, article seven, chapter sixty-one of this code, be
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than
one hundred dollars $1,000 nor more than
five
hundred dollars $2,000, or be confined in
the county jail for a
period not to exceed twelve months or both
such fine and
imprisonment fined and imprisoned.
§61-3B-3. Trespass on property other than structure or conveyance.
(a) It is an unlawful trespass for any person to knowingly,
and without being authorized, licensed or invited, to enter or
remain on any property, other than a structure or conveyance, as to
which notice against entering or remaining is either given by
actual communication to such person or by posting, fencing or
cultivation.
(b)
First offense conviction. -- Upon a first trespassing
conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and, shall be fined not
less than $100 nor more than $500.
(c)
Second offense conviction. -- Upon a second trespassing
conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and, shall be fined not
less than $500 nor more than $1,000.
(d)
Third offense conviction. -- Upon a third and subsequent
trespassing conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and, shall be fined not
less than $1,000 nor more than $1,500.
(e) If the offender defies an order to leave, personally
communicated to him
or her by the owner, tenant or agent of such
owner or tenant, or if the offender opens any door, fence or gate,
and thereby exposes animals, crops or other property to waste,
destruction or freedom, or causes any damage to property by such
trespassing on property other than a structure or conveyance, he
or
she shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than
$100 $500 nor more than
$500 $1,000 or
imprisoned in the
county jail for a period not to exceed six
months, or both such fine and imprisonment.
(c) (f) If the offender is armed with a firearm or other
dangerous weapon with the unlawful and felonious intent to do
bodily injury to a human being during his
or her commission of the
offense of trespass on property other than a structure or
conveyance, such offender shall, notwithstanding section one,
article seven, chapter sixty-one of this code, be guilty of a
misdemeanor felony and, upon conviction thereof, shall be
confined
in the county jail for a term not to exceed six months, or fined not more than $100, or both such fine and imprisonment fined not
less than $1,000 nor more than $2,000 or imprisoned in a state
correctional facility not less than one year or both fined and
imprisoned.
(d) (g) Notwithstanding and in addition to any other penalties
provided by law, any person who performs or causes damage to
property in the course of a willful trespass shall be liable to the
property owner in the amount of twice the amount of such damage.
However, this article shall not apply in a labor dispute.
NOTE: The purpose of this bill is to increase penalties for
certain criminal trespassing offenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.