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WV Code § 61-3-39c (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39c. Reason for Dishonor; Duty of Drawee

It shall be the duty of the drawee of any check, draft or order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed or stamped in plain language thereon or attached thereto, the reason for drawee's dishonor or refusal to pay same. In all prosecutions under section thirty-nine or thirty-nine-a of this article, the introduction in evidence of any unpaid and dishonored check, draft or other written order, having the drawee's refusal to pay stamped or written thereon, or attached thereto, with the reason therefor as aforesaid:(a) Shall be prima facie evidence of the making or uttering of said check, draft or other written order, and the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped or attached by the drawee on such dishonored checks, drafts or orders; and(b) Shall be prima facie evidence, as against the maker or drawer thereof, of the withdrawing from deposit with the drawee named in the check, draft or other written order, of the funds on deposit with such drawee necessary to insure payment of said check, draft or other written order upon presentation within a reasonable time after negotiation; and(c) Shall be prima facie evidence of the drawing, making, uttering or delivering of a check, draft or written order with the knowledge of insufficient funds in or credit with such drawee.
WV Code § 61-3-39d (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39d. Prima Facie Evidence of Knowledge; Identity; Penalty for Providing False Information

(a) In any prosecution under section thirty-nine of this article, the making, drawing, uttering or delivery of a check, draft or order, the payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence that the drawer has knowledge at the time of making, drawing, issuing, uttering or delivering such check, draft or order that there is not sufficient funds or credit to pay the same, unless the check, draft or order is paid along with any charges or costs authorized by this article.(b) In any prosecution under section thirty-nine-a of this article, it shall constitute prima facie evidence of the identity of the drawer of a check, draft order if at the time of acceptance of such check, draft or order there is obtained the following information: Name and residence, business or mailing address and either a valid motor vehicle operator's number or the drawer's home or work phone number or place of employment. Such information may be recorded on the check, draft or order itself or may be retained on file by the payee and referred to on the check, draft or order by identifying number or other similar means.(c) Any person who shall provide false information when information is requested prior to accepting a check, draft or order either at the time such check, draft or order is presented or for the purpose of obtaining a check cashing identification card or similar check cashing privilege shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $200, or imprisoned not more than thirty days, or both fined and imprisoned.
WV Code § 61-3-39e (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39e. Notice of Dishonor by Payee; Service Charge

The payee or holder of a check, draft or order which has been dishonored because of insufficient funds or credit may send notice thereof to the drawer of the check, draft or order. The payee or holder of any dishonored check may impose a fee of up to $25 a worthless check. This fee may not be imposed or collected after a complaint for warrant has been delivered to magistrate court. No payee or holder of a check, draft or order which has been dishonored because of insufficient funds or credit shall incur any civil or criminal liability for the sending of a notice substantially in the form provided herein, other provisions of law notwithstanding. The form of the notice shall be substantially as follows:“You are hereby notified that a check, number .................., issued by you on (date of check), drawn upon (name of bank), and payable to ..............................., has been dishonored. Pursuant to West Virginia law, you have ten days from the date of this notice to tender payment of the full amount of the check plus a fee of $..................... (not to exceed $25 a worthless check) to the undersigned at ........................... You are further notified that in the event the above amount is timely paid in full you will not be subject to legal proceedings, civil or criminal.Dated ......................., 20......................................(Signed)."The provisions of this section do not authorize the making of any other written or oral threats of prosecution to enforce or enhance the collection or honoring of the dishonored check, draft or order.The holder or payee of any check, draft or order shall relinquish the check, draft or order to the maker upon tender of the full amount due at any time before a complaint for warrant has been presented to magistrate court. In the event complaint for warrant has been presented to magistrate court, payment may be made only through the court and any holder or payee unlawfully accepting payment after that time shall be liable for all costs which may be imposed by the magistrate court in the matter, including all costs which may have accrued by the time the magistrate court is notified of the payment.
WV Code § 61-3-39h (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39h. Payment of Costs in Worthless Check Cases; Disposition of Certain Costs

(a) In any prosecution under section thirty-nine or thirty-nine-a of this article, the costs that may otherwise be imposed against the drawer of any check, draft or order shall be imposed on the person initiating the prosecution if:(1) Payment of the check, draft or order is accepted by the payee or holder thereof after the filing of a complaint for warrant and the charge is subsequently withdrawn or dismissed at the request of the complainant: Provided, That the provisions of this subdivision do not apply where a charge is dismissed and restitution is paid as a condition of a plea agreement. The defendant shall be assessed costs for the prosecution of each charge of which he or she stands convicted and the fee for court costs assessed pursuant to section thirty-nine-g of this article for each charge dismissed as a result of the plea agreement;(2) The payee or holder had reason to believe that the check, draft or order would be dishonored;(3) The check, draft or order was postdated; or(4) The matter is dismissed for failure to prosecute.(b) Costs collected by magistrate court for issuance of notice as authorized by section thirty-nine-g of this article may not be paid into the special county fund created by the provisions of section four, article three, chapter fifty of this code but shall be accounted for separately and retained by the county in a fund designated the Worthless Check Fund until the sheriff issues warrants in furtherance of the allowable expenses specifically provided for by this section. Such costs may not be included in any calculation of the amount of funds to be retained by the county under the provisions of section four, article three, chapter fifty of this code.(c) A county may, after agreement with the court administrator's office of the Supreme Court of Appeals, appropriate and spend from the Worthless Check Fund herein established such sums as are necessary to pay or defray the expenses of providing a deputy sheriff to serve warrants for worthless check offenses and to pay or defray the expenses of providing additional deputy clerks in the office of the magistrate court clerk. After payment of these expenses, or after a determination that these services are not necessary, a county may appropriate and spend from the fund the sums necessary to defray:(1) The expenses of providing bailiff and service of process services by the sheriff;(2) The cost of acquiring or renting magistrate court offices and providing utilities and telephones and telephone service to such offices;(3) The cost of complying with section thirty-nine-i of this article; and(4) The expenses of other services are provided to magistrate courts by the county.
WV Code § 61-3-39i (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39i. Preparation of List of Worthless Check Warrants

Beginning on July 1, 1983, the magistrate court clerk of every county shall, between the first and fifth day of each month thereafter, prepare a cumulative list of all check warrants issued by the magistrates of the county during the preceding twelve calendar months and after the effective date of this section: Provided, That upon completion of each cumulative list, the list which was completed for the next preceding month and any copy thereof shall be destroyed by the magistrate court clerk. The persons charged in such warrants shall be listed alphabetically. Such list shall also contain the total number of warrants issued against each named person for the period covered by the report, the number assigned to each warrant, and the date each such warrant was issued. A copy of such cumulative list of worthless check warrants shall be forthwith forwarded to each magistrate in the county and to the prosecuting attorney thereof. Upon the request of magistrates or prosecutors in other counties of this state, such lists shall be regularly forwarded to them.
WV Code § 61-3-39j (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39j. Use of Worthless Check List Upon Receipt of Complaint for Warrant

On and after July 1, 1983, when a complaint for worthless check warrant is received by a magistrate court, the person receiving the complaint shall consult the current list of worthless check warrants for the county and any current lists of other counties in his possession to determine whether the defendant named in the complaint for warrant is also named on the list or lists as a person who has had worthless check warrants issued against him during the period covered by the lists. If the list or lists consulted indicate that the person named in the complaint has had not more than one worthless check warrant issued against him within the time period covered by the lists, the person receiving the complaint for warrant shall proceed to have a warrant issued or a notice served, as may be appropriate, in accordance with the provisions of section thirty-nine-g of this article. If the list or lists consulted indicate that the person named in the complaint has had two or more worthless check warrants issued against him within the time period covered by the lists, the person receiving the complaint for warrant shall not cause a warrant to be issued, but shall instead forthwith prepare a “Notice of Multiple Worthless Check Warrants,” which shall be in a form substantially as follows:“NOTICE OF MULTIPLE WORTHLESS CHECK WARRANTSTHIS NOTICE IS TO BE ISSUED ONLY WHEN AN INDIVIDUAL HAS HAD TWO OR MORE WORTHLESS CHECK WARRANTS ISSUED IN THE PRECEDING TWELVE MONTHSTo: prosecuting attorney of ............................. County From: Magistrate Court of ............................... CountyThis is to notify you that .............................. who resides at ...................................................... has issued worthless checks during the preceding twelve months for which warrants have been issued.In accordance with the provisions of section thirty-nine-i, article three, chapter sixty-one of the Code of West Virginia you have ten days to advise this court on how to proceed in this matter.”A list of the worthless check warrants shall be attached to said notice, along with information concerning the check which is the subject of the pending complaint for worthless check warrant. Warrant numbers, check numbers, dates of checks, amounts of checks, payees, and drawee financial institutions for the checks listed shall be set forth.Immediately upon preparation of the said notice, a copy thereof shall be forwarded to the prosecuting attorney of each county upon whose list of worthless check warrants the defendant's name appears.
WV Code § 61-3-39k (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39k. Duties of Prosecuting Attorney Upon Receipt of Notice of Multiple Worthless Check Warrants; Magistrate Court Clerk to Advise Complainant

(a) Within ten days after receiving a notice of multiple worthless check warrants forwarded in accordance with the provisions of the preceding section, a prosecuting attorney shall review the information contained therein, may consult additional current lists of worthless check warrants and make other investigation, and shall make a written recommendation to the magistrate court which forwarded the notice:(1) That a warrant should be issued or a notice should be forwarded, as may be appropriate, in accordance with the provisions of section thirty-nine-g of this article, or(2) That a warrant should be issued for an offense defined under section twenty-four of this article, or(3) That no action should be taken by the magistrate court pending a presentation to the appropriate grand jury of a bill seeking an indictment for an offense defined under section twenty-four of this article.(b) Upon receipt of the recommendation of the prosecuting attorney, the magistrate court clerk of the magistrate court holding the pending complaint for worthless check warrant shall forward a copy of the prosecuting attorney's recommendation to the complainant, shall inform the complainant that the prosecuting attorney's recommendation is advisory only, and shall request the complainant to advise the court in what manner he desires to proceed.
WV Code § 61-3-39m (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39m. Creation and Operation of a Program for Worthless Check Offenders; Acceptance of Person in Program

(a) A prosecuting attorney may create within his or her office a worthless check restitution program for persons who have violated sections thirty-nine or thirty-nine-a of this article. This program may be conducted by the prosecuting attorney in conjunction with a law-enforcement agency or by a private entity under contract with the prosecuting attorney.(b) The prosecuting attorney may adopt standards to determine the appropriateness of an individual case for the program. In developing these standards, the prosecuting attorney should consider the following factors:(1) The amount of the check, draft or order made, drawn, issued, uttered or delivered;(2) The person's criminal record;(3) The number of times the person has participated in the program; and(4) The number of warrants or cases pending against the person for violations of sections thirty-nine or thirty-nine-a of this article.(c) Except as provided in section thirty-nine-o of this article, nothing in this section shall preclude the prosecuting attorney from prosecuting violations of sections thirty-nine or thirty-nine-a of this article.(d) Nothing in this section may be construed or interpreted to mandate funding for any worthless check restitution program created in a prosecuting attorney's office or to require any appropriation by the Legislature.(e) Notwithstanding any other provision of law to the contrary, no case is appropriate for referral to the program unless notice has been provided pursuant to section thirty-nine-e or thirty-nine-g of this article.
WV Code § 61-3-39n (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39n. Notice to Persons Accepted to the Worthless Check Restitution Program

(a) Upon approval of an individual case for referral to the worthless check restitution program, a representative of the program shall send a notice by registered or certified mail to the person named in the complaint or warrant.(b) This notice must contain:(1) The date and amount of the check, draft or order;(2) The name of the payee or holder;(3) The date by which the individual must contact the designated representative of the worthless check restitution program;(4) A demand for full restitution of the face amount of the check, draft or order and any fees reflected in the complaint or warrant as having been imposed on the payee or holder by the payee's or holder's bank or financial institution; and(5) A statement that failure to pay restitution and fees may result in criminal prosecution.
WV Code § 61-3-39o (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39o. Agreement to Suspend Prosecution of a Person Accepted Into the Restitution Program

(a) The prosecuting attorney may enter into an agreement with a participant of the worthless check restitution program to suspend prosecution for a period to be determined by the prosecuting attorney.(b) To remain eligible for the worthless check restitution program, the participant shall:(1) Contact a representative of the program before the date required by the notice sent pursuant to section thirty-nine-n of this article;(2) Agree to comply with all the program terms;(3) Complete a class conducted by the prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney, which offers offender education and instruction;(4) Pay a fee in the amount of $10 to be deposited in the "worthless check fund" established pursuant to the provisions of section thirty-nine-h of this article;(5) Pay the fee required to participate in the class;(6) Pay full victim restitution; and(7) Pay all fees for participation in the program, unless those fees are waived.(c) The prosecuting attorney shall agree not to file criminal charges if the participant in the program completes the conditions of the agreement.
WV Code § 61-3-39p (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39p. Fees for Participation in the Worthless Check Restitution Program

(a) The prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney may collect a fee not to exceed $100 from any person participating in the worthless check restitution program: Provided, That the prosecuting attorney shall waive the fee if he or she determines that the person is indigent and unable to pay the fee.(b) All fees collected pursuant to subsection (a) of this section by the prosecutor shall be remitted to the sheriff. The sheriff shall establish a special fund in the county treasury, designated the worthless check restitution program fund, in which the sheriff shall deposit all fees remitted by the prosecutor. The county commission shall appropriate money from the fund for the administration of the worthless check restitution program. The county commission shall also appropriate any excess money from the fund to supplement the annual operation expense appropriation of the office of the prosecuting attorney, if the prosecuting attorney certifies in writing to the county commission that a surplus exists in the fund at the end of the fiscal year.
WV Code § 61-3-39q (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-39q. Statements by Individuals Referred to or Participating in the Worthless Check Restitution Program

Any statement made by a person referred to the worthless check restitution program in connection with the determination of his or her eligibility for participation in the program and any statement made or information given by that person while participating in the program is inadmissible in any civil or criminal action or proceeding.
WV Code § 61-3-40 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-40. Fraudulently Obtaining Food or Lodging; Penalty

Every person who shall, at any hotel, inn, eating, lodging or boardinghouse, or restaurant, receive or cause to be furnished any food or accommodation, with intent to defraud the owner or keeper of such hotel, inn, eating, lodging or boardinghouse, or restaurant, and any person who shall obtain credit at any hotel, inn, eating, lodging or boardinghouse, or restaurant, by the use of any false pretense or device, or by depositing in such hotel, inn, eating, lodging or boardinghouse, or restaurant, any baggage or property of less value than the amount of such credit, or of the bill by such person incurred, with such fraudulent intent, and any person who, after obtaining credit or accommodation at any hotel, inn, eating, lodging or boardinghouse, or restaurant, shall abscond from such hotel, inn, eating, lodging or boardinghouse, or restaurant, or shall remove or attempt to remove therefrom any baggage or personal property of any kind subject to the lien provided for in section five, article eleven, chapter thirty-eight of this code, with intent to defraud the owner or keeper of such hotel, inn, eating, lodging or boardinghouse, or restaurant, without first having paid, satisfied or arranged all claims or bills for lodging, entertainment or accommodation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25 nor more than $200, and may, in the discretion of the court or justice trying the case, be confined in the county jail for a term of not less than ten nor more than thirty days. A justice of the peace for the county wherein the offense was committed shall have concurrent jurisdiction of such offense with the circuit or other courts of such county.
WV Code § 61-3-42 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-42. Intoxication of Person in Charge of Locomotive Engine or Car; Penalties

If any person, while in charge of a locomotive engine, whether the same be driven by steam, electricity or other motive power, running upon the railroad or traction lines of any corporation, or while acting as conductor or brakeman of any car or train of cars on such railroad or traction line, be intoxicated, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding $500 and imprisoned in the county jail not less than two nor more than twelve months; and for the second offense he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than three years.
WV Code § 61-3-43 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 3. Crimes Against Property|§61-3-43. Jumping on or Off Car or Train in Motion; Driving Vehicle Upon Track or Bridge Except at Crossings; Penalty

If any person, not a passenger or employee, shall be found trespassing upon any railroad or traction car or train of any railroad in this state, by jumping on or off any car or train in motion, on its arrival at or departure from any station or depot of such railroad, or on the passage of any such car or train over any part of such railroad; or shall drive any horse or any horse-drawn or motor-driven vehicle across or upon any railroad track or bridge, except at public, private or farm crossings, such person so offending shall be deemed a disorderly person and guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding $25, or by imprisonment in the county jail not exceeding thirty days, or both. Justices of the peace shall have concurrent jurisdiction to try all offenders under this section.