West Virginia Criminal Laws and Rules Annotated

A go-to volume for the needs of West Virginia criminal law practitioners with comprehensive coverage of criminal laws and rules.
Publisher: Michie

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ISBN: 9781663323927
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From the publishers of the Annotated Laws of West Virginia comes this convenient, single-volume desktop reference providing affordable access to the full range of criminal laws and rules in West Virginia.

Included are the entirety of Chapters 61 (Crimes & Their Punishments) and 62 (Criminal Procedure) as well as a curated selection of related articles spanning 25 chapters of the code. The volume also includes the whole of the West Virginia Rules of Criminal Procedure, West Virginia Rules of Evidence, Rules of Criminal Procedure of the Magistrate Courts of West Virginia, and the Criminal Matters chapter of the West Virginia Trial Court Rules (T.C.R.).

With the included case and statutory annotations and a comprehensive index, this will fast become the handy go-to reference to which practicing West Virginia criminal attorneys will turn.

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Table of contents

Sections Affected by 2020 Legislation

Chapter 61. Crimes & their Punishments.
Art. 1. Crimes Against the Government, §§ 61-1-1 to 61-1-9
Art. 2. Crimes Against the Person, §§ 61-2-1 to 61-2-30
Art. 3. Crimes Against Property, §§ 61-3-1 to 61-3-59
Art. 3A. Shoplifting, §§ 61-3A-1 to 61-3A-7
Art. 3B. Trespass, §§ 61-3B-1 to 61-3B-7
Art. 3C. West Virginia Computer Crime and Abuse Act, §§ 61-3C-1 to 61-3C-21
Art. 3D. Theft of Cable Television Services, §§ 61-3D-1 to 61-3D-4
Art. 3E. Offenses Involving Explosives, §§ 61-3E-1 to 61-3E-13
Art. 4. Forgery and Crimes Against the Currency, §§ 61-4-1 to 61-4-9
Art. 5. Crimes Against Public Justice, §§ 61-5-1 to 61-5-29
Art. 5A. Bribery and Corrupt Practices, §§ 61-5A-1 to 61-5A-11
Art. 6. Crimes Against the Peace, §§ 61-6-1 to 61-6-25
Art. 7. Dangerous Weapons, §§ 61-7-1 to 61-7-17
Art. 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, §§ 61-7A-1 to 61-7A-5
Art. 8. Crimes Against Chastity, Morality and Decency, §§ 61-8-1 to 61-8-31
Art. 8A. Preparation, Distribution or Exhibition of Obscene Matter to Minors, §§ 61-8A-1 to 61-8A-5
Art. 8B. Sexual Offenses, §§ 61-8B-1 to 61-8B-18
Art. 8C. Filming of Sexually Explicit Conduct of Minors, §§ 61-8C-1 to 61-8C-11
Art. 8D. Child Abuse, §§ 61-8D-1 to 61-8D-10
Art. 8E. Display of Video Ratings or Lack Thereof, §§ 61-8E-1 to 61-8E-3
Art. 8F. Sex Offender Registration Act [Repealed]
Art. 9. Equitable Remedies in Aid of Chastity, Morality and Decency, §§ 61-9-1 to 61-9-11
Art. 10. Crimes Against Public Policy, §§ 61-10-1 to 61-10-34
Art. 11. General Provisions Concerning Crimes, §§ 61-11-1 to 61-11-26b
Art. 11A. Victim Protection Act of 1984, §§ 61-11A-1 to 61-11A-9
Art. 11B. Criminal Offense Reduction, §§ 61-11B-1 to 61-11B-5
Art. 12. Postmortem Examinations, §§ 61-12-1 to 61-12-15
Art. 12A. Fatality and Mortality Review Team, §§ 61-12A-1 to 61-12A-5
Art. 13. Anti-Organized Criminal Enterprise Act, §§ 61-13-1 to 61-13-6
Art. 14. Human Trafficking, §§ 61-14-1 to 61-14-9
Art. 15. Money Laundering, §§ 61-15-1 to 61-15-4
Art. 16. Use of Unmanned Aircraft Systems, §§ 61-16-1, 61-16-2

Chapter 62. Criminal Procedure.
Art. 1. Preliminary Procedure, §§ 62-1-1 to 62-1-12
Art. 1A. Search and Seizure, §§ 62-1A-1 to 62-1A-11
Art. 1B. Discovery, §§ 62-1B-1 to 62-1B-4
Art. 1C. Bail, §§ 62-1C-1 to 62-1C-19
Art. 1D. Wiretapping and Electronic Surveillance Act, §§ 62-1D-1 to 62-1D-16
Art. 1E. Eyewitness Identification Act, §§ 62-1E-1 to 62-1E-3
Art. 1F. Electronic Interception of Person s Conduct or Oral Communications in Home by Law Enforcement, §§ 62-1F-1 to 62-1F-9
Art. 1G. Subpoena Powers for Aid of Criminal Investigation Relating to Certain offenses Against Minors, §§ 62-1G-1 to 62-1G-2
Art. 2. Presentments and Indictments, §§ 62-2-1 to 62-2-25
Art. 3. Trial of Criminal Cases, §§ 62-3-1 to 62-3-21
Art. 4. Recovery of Fines in Criminal Cases, §§ 62-4-1 to 62-4-17
Art. 5. Costs in Criminal Cases, §§ 62-5-1 to 62-5-10
Art. 6. Miscellaneous Provisions Concerning Criminal Procedure, §§ 62-6-1 to 62-6-8
Art. 6A. Securing Attendance of Nonresident Witnesses, §§ 62-6A-1 to 62-6A-6
Art. 6B. Protection and Preservation of Statements and Testimony of Child Witness, §§ 62-6B-1 to 62-6B-6
Art. 7. Execution of Sentences; Stays, §§ 62-7-1 to 62-7-10a
Art. 8. Crimes by and Proceedings Against Inmates, §§ 62-8-1 to 62-8-8
Art. 9. Forms of Indictments, §§ 62-9-1 to 62-9-21
Art. 10. Prevention of Crime, §§ 62-10-1 to 62-10-9
Art. 11. Fresh Pursuit, §§ 62-11-1 to 62-11-7
Art. 11A. Release for Work or Other Purposes, §§ 62-11A-1 to 62-11A-4
Art. 11B. Home Incarceration Act, §§ 62-11B-1 to 62-11B-13
Art. 11C. The West Virginia Community Corrections Act, §§ 62-11C-1 to 62-11C-10
Art. 11D. Heightened Examination and Supervision for Certain Sex offenders, §§ 62-11D-1 to 62-11D-3
Art. 11E. Sexually Violent Predator Management Task Force [Repealed]
Art. 11F. Pretrial Release Programs, §§ 62-11F-1 to 62-11F-5
Art. 12. Probation and Parole, §§ 62-12-1 to 62-12-29
Art. 13. Corrections Management, §§ 62-13-1 to 62-13-7
Art. 14. Agreement on Detainers, §§ 62-14-1 to 62-14-7
Art. 14A. Extradition, §§ 62-14A-1 to 62-14A-7
Art. 15. Drug Offender Accountability and Treatment Act, §§ 62-15-1 to 62-15-13
Art. 15A. Addiction Treatment Pilot Program, §§ 62-15A-1 to 62-15A-3
Art. 15B. Family Drug Treatment Court Act, §§ 62-15B-1, 62-15B-2
Art. 16. The Military Service Members Court Act, §§ 62-16-1 to 62-16-7

RELATED LAWS

Chapter 8. Municipal Corporations.
Art. 10. Powers and Duties of Certain Officers, §§ 8-10-2 to 8-10-2b

Chapter 9. Human Services.
Art. 5. Miscellaneous Provisions, §§ 9-5-4, 9-5-5
Art. 6. Social Services for Adults, § 9-6-14
Art. 7. Fraud and Abuse in the Medicaid Program, §§ 9-7-1 to 9-7-9

Chapter 14. Claims Due and Against the State.
Art. 2. Claims Against the State, §§ 14-2-13a, 14-2-26
Art. 2A. Compensation Awards to Victims of Crimes, §§ 14-2A-1 to 14-2A-29
Art. 2B. Distribution of Crime Profits, §§ 14-2B-1 to 14-2B-11

Chapter 15. Public Safety.
Art. 2B. DNA Data, §§ 15-2B-1 to 15-2B-16
Art. 2C. Central Abuse Registry, §§ 15-2C-1 to 15-2C-9
Art. 3. Communication Systems for Police Purposes, § 13-3-5
Art. 3C. Blue Alert Plan, §§ 15-3C-1 to 15-3C-7
Art. 9B. Sexual Assault Examination Network, §§ 15-9B-1 to 15-9B-5
Art. 12. Sex Offender Registration Act, §§ 15-12-1 to 15-12-10
Art. 13. Child Abuse and Neglect Registration, §§ 15-13-1 to 15-13-8

Chapter 16. Public Health.
Art. 9. Offenses Generally, §§ 16-9-1 to 16-9-8
Art. 9A. Tobacco Usage Restrictions, §§ 16-9A-1 to 16-9A-10
Art. 29B. Health Care Authority, § 16-29B-27
Art. 37. Body Piercing Studio Business, § 16-37-5
Art. 38. Tattoo Studio Business, § 16-38-7
Art. 47. Alcohol and Drug Overdose Prevention and Clemency Act, §§ 16-47-1 to 16-47-6

Chapter 17. Roads and Highways.
Art. 19. General Criminal Provisions, §§ 17-19-1 to 17-19-15
Art. 24A. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances, §§ 17-24A-1, 1-24A-2

Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Anti-theft Provisions.
Art. 1. Words and Phrases Defined, § 17A-1-1
Art. 3. Original and Renewal of Registration; Issuance of Certificates of Title, §§ 17A- 3-1 to 17A-3-24
Art. 8. Special Antitheft Laws, §§ 17A-8-1 to 17A-8-13
Art. 9. Offenses Against Registration Laws and Suspension or Revocation of Registration, §§ 17A-9-1 to 17A-9-7
Art. 11. Penalties, §§ 17A-11-1 to 17A-11-4
Art. 13. Street-Legal Special Purpose Vehicles, § 17A-13-1

Chapter 17B. Motor Vehicle Driver s Licenses.
Art. 1. Words and Phrases Defined, § 17B-1-1
Art. 4. Violations of License Provisions, §§ 17B-4-1 to 17B-4-6
Art. 5. Penalties, §§ 17B-5-1, 17B-5-2

Chapter 17C . Traffic Regulations and Laws of the Road.
Art. 1. Words and Phrases Defined, §§ 17C-1-1 to 17C-1-70
2. Obedience to and Effect of Traffic Laws, §§ 17C-2-1 to 17C-2-9
Art. 3. Traffic Signs, Signals and Markings, §§ 17C-3-1 to 17C-3-10
Art. 4. Crashes, §§ 17C-4-1 to 17C-4-16
Art. 5. Serious Traffic Offenses, §§ 17C-5-1 to 17C-5-12
Art. 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs, §§ 17C-5A-1 to 17C-5A-4
Art. 5B. Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents, §§ 17C-5B-1, 17C-5B-2
Art. 5C. Office of Administrative Hearings, §§ 17C-5C-1 to 17C-5C-5
Art. 5D. Open Container Laws, §§ 17C-5D-1 to 17C-5D-4
Art. 6. Speed Restrictions, §§ 17C-6-1 to 17C-6-11
Art. 7. Driving on Right Side of Roadway, Overtaking and Passing, etc., §§ 17C-7-1 to 17C-7-13
Art. 8. Turning and Starting and Signals on Stopping and Turning, §§ 17C-8-1 to 17C-8-10
Art. 9. Right-of-Way, §§ 17C-9-1 to 17C-9-6
Art. 10. Pedestrians Rights and Duties, §§ 17C-10-1 to 17C-10-8
Art. 10A. Operation of Electric Personal Assistive Mobility Devices, §§ 17C-10A-1, 17C-10A-2
Art. 11. Operation of Bicycles, Electric Bicycles, and Play Vehicles, §§ 17C-11-1 to 17C-11-8
Art. 11A. Child Bicycle Safety Act, §§ 17C-11A-1 to 17C-11A-9
Art. 12. Special Stops Required, §§ 17C-12-1 to 17C-12-9
Art. 13. Stopping, Standing and Parking, §§ 17C-13-1 to 17C-13-8
Art. 13A. Diesel-Powered Motor Vehicle Idling Act, §§ 17C-13A-1 to 17C-13A-9
Art. 14. Miscellaneous Rules, §§ 17C-14-1 to 17C-14-15
Art. 15. Equipment, §§ 17C-15-1 to 17C-15-50
Art. 16. Inspection of Vehicles, §§ 17C-16-1 to 17C-16-9
Art. 17. Size, Weight and Load, §§ 17C-17-1 to 17C-17-14
Art. 17A. Regulation of the Commercial Transportation of Coal, §§ 17C-17A-1 to 17C-17A-16
Art. 17B. Transfer of Certain Jurisdiction and Employees to Public Service Commission, §§ 17C-17B-1 to 17C-17B-5
Art. 18. Penalties, § 17C-18-1
Art. 19. Parties, Procedure upon Arrest and Reports in Criminal Cases, §§ 17C-19-1 to 17C-19-10
Art. 20. West Virginia Turnpike Commission [Abolished]
Art. 21. Effect of Chapter, §§ 17C-21-1, 17C-21-2
Art. 22. Ridesharing, §§ 17C-22-1 to 17C-22-7
Art. 23. Funeral Processions, §§ 17C-23-1 to 17C-23-5

Chapter 17D. Motor Vehicle Safety Responsibility Law.
Art. 1. Words and Phrases Defined, § 17D-1-1
Art. 2A. Security upon Motor Vehicles, §§ 17D-2A-1 to 17D-2A-9
4. Proof of Financial Responsibility for the Future, §§ 17D-4-1 to 17D-4-20
Art. 5. Violation of Provisions of Chapter; Penalties, §§ 17D-5-1 to 17D-5-3

Chapter 17F. All-Terrain Vehicles.
Art. 1. Regulation of All-Terrain Vehicles, §§ 17F-1-1 to 17F-1-9

Chapter 18. Education.
Art. 8. Compulsory School Attendance, §§ 18-8-1 to 18-8-2, 18-8-8, 18-8-10

Chapter 19. Agriculture.
Art. 1A. Division of Forestry, §§ 19-1A-3a to 19-1A-3b
Art. 18. General Livestock Trespass Law, §§ 19-18-1 to 19-18-4
Art. 20. Dogs and Cats, §§ 19-20-6, 19-20-9, 19-20-9a, 19-20-12, 19-20-16 to 19-20-20, 19-20-23 to 19-20-26
Art. 20A. Vaccination of Dogs and Cats for Rabies, § 19-20A-6
Art. 34. Dangerous Wild Animals Act, §§ 19-34-1 to 19-34-9

Chapter 20. Natural Resources.
Art. 2. Wildlife Resources, §§ 20-2-1 to 20-2-64
Art. 7. Law Enforcement, Motorboating, Litter, §§ 20-7-1 to 20-7-29

Chapter 29. Miscellaneous Boards and officers.
Art. 3E. Fireworks Safety, §§ 29-3E-2, 29-3E-3, 29-3E-11 to 29-3E-13
Art. 22. State Lottery Act, §§ 29-22-11, 29-22-12, 29-22-27
Art. 22A. Racetrack Video Lottery, § 29-22A-16
Art. 22B. Limited Video Lottery, §§ 29-22B-1701 to 29-22B-1714, 29-22B-1801 to 29-22B-1807
Art. 22C. West Virginia Lottery Racetrack Table Games Act, §§ 29-22C-29, 29-22C-30
Art. 22D. West Virginia Lottery Sports Wagering Act, §§ 29-22D-20, 29-22D-21
Art. 22E. West Virginia Lottery Interactive Wagering Act, §§ 29-22E-20, 29-22E-21

Chapter 46A. West Virginia Consumer Credit and Protection Act.
Art. 6F. Telemarketing, §§ 46A-6F-503, 46A-6F-601

Chapter 47. Regulation of Trade.
Art. 2. Trademarks in General, §§ 47-2-14a to 47-2-14d
Art. 19. Drug Paraphernalia, §§ 47-19-1 to 47-19-8

Chapter 48. Domestic Relations.
Art. 10. Grandparent Visitation, § 48-10-1201
Art. 20. Uniform Child Custody Jurisdiction and Enforcement Act, §§ 48-20-101 to 48-20-404
27. Prevention and Treatment of Domestic Violence, §§ 48-27-101 to 48-27-1105
Art. 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, §§ 48-28-1 to 48-28-10

Chapter 50. Magistrate Courts.
Art. 1. Courts and Officers, § 50-1-14
Art. 2. Jurisdiction and Authority, §§ 50-2-2 to 50-2-3a
Art. 3. Costs, Fines and Records, §§ 50-3-2 to 50-3-4a
Art. 4. Procedure Before Trial, §§ 50-4-2, 50-4-2a, 50-4-3, 50-4-6, 50-4-7
Art. 5. Trials, Hearings and Appeals, §§ 50-5-1, 50-5-2, 50-5-7 to 50-5-11, 50-5-13 to 50-5-15

Chapter 51. Courts and Their Officers.
Art. 1. Supreme Court of Appeals, § 51-1-3
Art. 2. Circuit Courts; Circuit Judges, § 51-2-2
Art. 10. Professional Bondsmen in Criminal Cases, §§ 51-10-1 to 51-10-10
Art. 10A. Bail Bond Enforcers, §§ 51-10A-1 to 51-10A-6

Chapter 52. Juries.
Art. 1. Petit Juries, §§ 52-1-1, 52-1-2, 52-1-5a, 52-1-7, 52-1-8, 52-1-15, 52-1-26
Art. 2. Grand Juries, §§ 52-2-1 to 52-2-16

Chapter 53. Extraordinary Remedies.
Art. 4. Habeas Corpus, §§ 53-4-1 to 53-4-13
Art. 4A. Post-Conviction Habeas Corpus, §§ 53-4A-1 to 53-4A-11

Chapter 57. Evidence and Witnesses.
Art. 2. Writings and Statements of Private Persons, §§ 57-2-1 to 57-2-3
Art. 3. Competency of Witnesses, §§ 57-3-2 to 57-3-7, 57-3-9, 57-3-10
Art. 5. Miscellaneous Provisions, § 57-5-2

Chapter 60. State Control of Alcoholic Liquors.
Art. 1. General Provisions, §§ 60-1-1 to 60-1-7
Art. 3A. Sales by Retail Liquor Licensees, §§ 60-3A-1 to 60-3A-31
Art. 6. Miscellaneous Provisions, §§ 60-6-1 to 60-6-26
Art. 7. Licenses to Private Clubs, §§ 60-7-2, 60-7-12, 60-7-12a
Art. 8. Sale of Wines, §§ 60-8-2, 60-8-20 to 60-8-22, 60-8-25, 60-8-30 to 60-8-32, 60-8-34, 60-8-35
Art. 9. Cigarettes for Export; Imported Cigarettes, §§ 60-9-1 to 60-9-4

West Virginia Rules of Criminal Procedure, Rules 1- 60
West Virginia Rules of Evidence, Rules 101 to 1102
West Virginia Trial Court Rules (T.C.R.), Rules 30 to 40
Appendix A: Notice of Bond Encumbrance
Appendix B: Release of Notice of Bond Encumbrance
Rules of Criminal Procedure of the Magistrate Courts of West Virginia, Rules 1 to 30

Index