H. B. 2261
(By Delegates Amores, Pino, Stemple,
Varner and Webster)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-11-8 of the Code of West Virginia,
1931, as amended, relating to attempted crimes and increasing
penalties therefor.
Be it enacted by the Legislature of West Virginia:
That §61-11-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-8. Attempts; classification and penalties therefor.
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:
(1) If the offense attempted be is punishable with by life
imprisonment, the person making such the attempt shall be is guilty
of a felony and, upon conviction thereof, shall be imprisoned in
the penitentiary a state correctional facility for not less than three five nor more than fifteen twenty-five years.
(2) If the offense attempted be is punishable by imprisonment
in the penitentiary a state correctional facility for a term less
than life, such the person shall be is guilty of a felony and, upon
conviction thereof, shall in the discretion of the court, either be
imprisoned in the penitentiary a state correctional facility 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 more than five hundred dollars.
(3) If the offense attempted be is punishable by confinement
in jail, such the person shall be is guilty of a misdemeanor and,
upon conviction thereof, shall be confined in jail not more than
six months, or fined not exceeding more than one hundred dollars.
NOTE: The purpose of this bill is to increase the penalty for
attempted crimes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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