ENROLLED
Senate Bill No. 37
(By Senators Plymale, Wagner, Anderson, Dittmar, Grubb,
Holliday, Macnaughtan, Miller, Ross, Wiedebusch and Yoder)
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[Passed March 10, 1994; in effect ninety days from passage.]
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AN ACT to amend article seven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to crimes against the person; creating
felony offense involving wanton endangerment with a firearm;
definition; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-12. Wanton endangerment involving a firearm.
Any person who wantonly performs any act with a firearm
which creates a substantial risk of death or serious bodily
injury to another shall be guilty of a felony, and, uponconviction thereof, shall be confined in the penitentiary for a
definite term of years of not less than one year nor more than
five years, or, in the discretion of the court, confined in the
county jail for not more than one year, or fined not less than
two hundred fifty dollars nor more than two thousand five hundred
dollars, or both.
For purposes of this section, the term "firearm" shall have
the same meaning ascribed to such term as set forth in section
two of this article.