ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2200
(By Delegate Schadler)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §61-3-30 of the code of West Virginia,
1931, as amended, relating to creating the felony offense of
injury, defacing or destruction of property causing damage,
destruction or diminution in value of twenty-five hundred
dollars or more; and providing penalties.
Be it enacted by the Legislature of West Virginia:
That §61-3-30 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property, monuments
designating land boundaries and of certain no
trespassing signs; penalties.
(a) If any person unlawfully, but not feloniously, takes and
carries away, or destroys, injures or defaces any property, real or
personal, of another, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred
dollars, or confined in the county or regional jail not more than
one year, or both fined and imprisoned.
(b) Any person who unlawfully, willfully and intentionally
destroys, injures or defaces the real or personal property of one
or more other persons or entities during the same act, series of
acts or course of conduct causing a loss in the value of the
property in an amount of two thousand five hundred dollars or more,
is guilty of the felony offense of destruction of property and,
upon conviction thereof, shall be fined not more than two thousand
five hundred dollars or imprisoned in the state correctional
facility for not less than one year nor more than ten years, or in
the discretion of the court, confined in the county or regional
jail not more than one year, or both fined and imprisoned.
(c) If any person breaks down, destroys, injures, defaces or
removes any monument erected for the purpose of designating the
boundaries of a municipality, tract or lot of land, or any tree
marked for that purpose, or any sign or notice upon private
property designating no trespassing upon the property, except signs
or notices posted in accordance with the provisions and purposes of
sections seven, eight and ten, article two, chapter twenty of this
code, he or she is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than twenty dollars nor more than
two hundred dollars, or confined in the county or regional jail not less than one nor more than six months, or both fined and
imprisoned. Magistrates have concurrent jurisdiction of all
offenses arising under the provisions of this section. The
provisions of this paragraph do not apply to the owner, or his or
her agent, of the lands on which such signs or notices are posted.