reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3. Crimes Against Property › §61-3-51. Precious Metals and Gem Dealers; Records; Prohibited Acts

(a) Each person, firm or corporation in the business of purchasing precious metals or precious gems, or both, for any purpose other than personal, family or household use, shall be subject to the provisions of this section. Each such purchaser shall secure from the seller of the precious metal or precious gem sufficient proof of lawful ownership or a sworn affidavit of ownership, the original of which shall be retained by the purchaser.
(b) Each such purchaser of a precious metal or precious gem shall truly and accurately list each purchase in a permanent record book clearly showing the kind, character and amount of metal or gem purchased, any special or unique quality or item of description concerning the metal or gem purchased; the date of purchase, the full name and residence address and mailing address of the seller, and any telephone number of the seller. Such record book shall be open to inspection by any law-enforcement officer in this state during normal business hours of the purchaser. If any such purchase is made within a municipality, the purchaser shall report all the information required by this section in writing to the chief of the police department of the municipality within twenty-four hours of the purchase. If any such purchase is made outside of a municipality, the purchaser shall report all the information required by this section in writing to the sheriff of the county wherein the purchase was made within twenty-four hours of the purchase. The information required by this section shall be preserved for a period of not less than three years.
(c) Each such purchaser of a precious metal or precious gem shall not, for a period of ten calendar days after the purchase, dispose of such metal or gem, remove such metal or gem from the state or alter in any way the form or substance of such metal or gem.
(d) As used in this section, “precious metal” means any gold, silver, platinum or other valuable metal; and “precious gem” means any diamond, pearl, emerald, ruby, sapphire or similar precious stone.
(e) Any person, firm or corporation violating any provision of this section shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than two years, or, in the discretion of the court, be confined in jail not more than one year or shall be fined not less than $100 nor more than $5,000, or both fined and so confined in either the penitentiary or jail, all in the discretion of the court.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3. Crimes Against Property › §61-3-53. Unauthorized Use of Dumpsters

(a) Any person who without authorization dumps garbage or trash, or assists in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another person is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with subsection (b) of this section. The act of throwing isolated objects into a dumpster or other solid waste container in the prevention or elimination of litter is specifically excepted from any penalties under this section.
(b) Any person convicted of a misdemeanor under subsection (a) of this section shall be subject to the following penalties:
(1) Upon a first conviction under this section, the defendant shall be fined not less than $50 nor more than $250.
(2) Upon a second conviction under this section, the defendant shall be fined not less than $250 nor more than $500.
(3) Upon any subsequent conviction in excess of a second conviction under this section, the defendant shall be fined not less than $500 nor more than $1,000, or imprisoned in the county jail not less than thirty days nor more than sixty days, or both fined and imprisoned.
Notwithstanding the provisions of section four, article eleven-a of this chapter or section two-a, article three, chapter fifty of this code, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3. Crimes Against Property › §61-3-54. Taking Identity of Another Person; Penalty

Any person who knowingly takes the name, birth date, social security number, or other identifying information of another person, without the consent of that other person, with the intent to fraudulently represent that he or she is the other person for the purpose of making financial or credit transactions in the other person’s name, or for the purpose of gaining employment, is guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary not more than five years, or fined not more than $1,000, or both: Provided, That the provisions of this section do not apply to any person who obtains another person’s drivers license or other form of identification for the sole purpose of misrepresenting his or her age.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3. Crimes Against Property › §61-3-55. Failure to Pay for Gasoline

Any person who knowingly and willfully drives a motor vehicle off the premises of an establishment where gasoline offered for retail sale was dispensed into the fuel tank of the motor vehicle with the intent to avoid payment for the gasoline that was so dispensed shall be deemed to be guilty of the larceny thereof. In addition to the penalties provided for by the provisions of section thirteen, article three of this chapter, upon a second conviction for larceny of gasoline, the court shall order the suspension of the person's license to drive a motor vehicle for six months, and upon a third or subsequent conviction, the court shall order the suspension of the person's license to drive a motor vehicle for one year.
Whenever a second or subsequent offense is had under the provisions of this section, the clerk of the court shall transmit a certified abstract of the judgment to the Division of Motor Vehicles within seventy-two hours of the conviction. Upon receipt of the abstract of judgment the Division of Motor Vehicles shall enter an order suspending the person's license to operate a motor vehicle for the appropriate time period.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3. Crimes Against Property › §61-3-57. Possession of Bogus Receipts or Universal Product Codes With Intent to Defraud; Penalties

Any person who, with intent to defraud, possesses fifteen or more fraudulently obtained or counterfeit sales receipts or fraudulently obtained or counterfeit universal product codes, or possesses a device the purpose of which is to manufacture counterfeit retail sales receipts or counterfeit universal product code labels, is guilty of a felony and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000 or imprisoned in a state correctional facility not less than one year nor more than three years, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3. Crimes Against Property › §61-3-59. Misrepresentation of Past or Present Military Status or Military Awards to Obtain Anything of Value; Penalties

(a) Any person who misrepresents himself or herself to:
(1) Be a member or veteran of the armed forces of the United States; or
(2) Be a recipient of any military commendation, decoration, or medal awarded to members of the armed forces of the United States or the several states who does so with the intent to obtain money, property, or a thing of value is guilty of the offense of misrepresentation of military status.
(b)(1) Any person violating the provisions of §61-3-59(a) of this code where the value of the money, property, or thing of value is $1,000 or more shall be guilty of a felony and, upon conviction thereof, be fined not more than $5,000, or imprisoned in a state correctional facility for not less than one nor more than 10 years, or both fined and imprisoned.
(2) Any person violating the provisions of §61-3-59(a) of this code where the value of the money, property, or thing of value is $999 or less, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500, or confined in jail for not more than one year, or both fined and confined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3A. Shoplifting › §61-3A-1. Shoplifting Defined

(a) A person commits the offense of shoplifting if, with intent to appropriate merchandise without paying the merchant's stated price for the merchandise, such person, alone or in concert with another person, knowingly:
(1) Conceals the merchandise upon his or her person or in another manner; or
(2) Removes or causes the removal of merchandise from the mercantile establishment or beyond the last station for payment; or
(3) Alters, transfers or removes any price marking affixed to the merchandise; or
(4) Transfers the merchandise from one container to another; or
(5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise; or
(6) Removes a shopping cart from the premises of the mercantile establishment; or
(7) Repudiates a card-not-present credit or debit transaction after having taken delivery of merchandise ordered from the merchant and does not return the merchandise or attempt to make other arrangements with the vendor.
(b) A person also commits the offense of shoplifting if such person, alone or in concert with another person, knowingly and with intent obtains an exchange or refund or attempts to obtain an exchange or refund for merchandise which has not been purchased from the mercantile establishment.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3A. Shoplifting › §61-3A-2. Evidence

(a) Evidence of stated price or ownership of merchandise may include, but is not limited to:
(1) The actual merchandise alleged to have been shoplifted; or
(2) The unaltered content of the price tag or marking from such merchandise; or
(3) Properly identified photographs of such merchandise.
(b) Any merchant may testify at a trial as to the stated price or ownership of merchandise, as well as to other matters pertaining to the case.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3A. Shoplifting › §61-3A-3. Penalties

A person convicted of shoplifting shall be punished as follows:
(a)
First offense conviction
. Upon a first shoplifting conviction:
(1) When the value of the merchandise is less than or equal to $500, the person is guilty of a misdemeanor and, shall be fined not more than $250.
(2) When the value of the merchandise exceeds $500, the person is guilty of a misdemeanor and, shall be fined not less than $100 nor more than $500, and such fine shall not be suspended, or the person shall be confined in jail not more than sixty days, or both.
(b)
Second offense conviction
. Upon a second shoplifting conviction:
(1) When the value of the merchandise is less than or equal to $500, the person is guilty of a misdemeanor and, shall be fined not less than $100 nor more than $500, and such fine shall not be suspended, or the person shall be confined in jail not more than six months or both.
(2) When the value of the merchandise exceeds $500, the person is guilty of a misdemeanor and, shall be fined not less than $500 and shall be confined in jail for not less than six months nor more than one year.
(c)
Third offense conviction
. Upon a third or subsequent shoplifting conviction, regardless of the value of the merchandise, the person is guilty of a felony and, shall be fined not less than $500 nor more than $5000, and shall be imprisoned in the penitentiary for not less than one year nor more than ten years. At least one year shall actually be spent in confinement and not subject to probation:
Provided,
That an order for home detention by the court pursuant to the provisions of 62-11B-1
et seq
. of this code may be used as an alternative sentence to the incarceration required by this subsection.
(d)
Mandatory penalty
. In addition to the fines and imprisonment imposed by this section, in all cases of conviction for the offense of shoplifting, the court shall order the defendant to pay a penalty to the mercantile establishment involved in the amount of $50, or double the value of the merchandise involved, whichever is higher. The mercantile establishment shall be entitled to collect such mandatory penalty as in the case of a civil judgment. This penalty shall be in addition to the mercantile establishment's rights to recover the stolen merchandise.
(e) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven years prior to the shoplifting offense in question.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3A. Shoplifting › §61-3A-4. Shoplifting Constitutes Breach of Peace; Detention

An act of shoplifting as defined herein, is hereby declared to constitute a breach of peace and any owner of merchandise, his agent or employee, or any law-enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes, for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting. Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3A. Shoplifting › §61-3A-5. Civil Liability

(a) General rule. -- Any person who commits any of the acts described in section one of this article shall be civilly liable:
(1) To restore the merchandise to the mercantile establishment; and
(2) If such merchandise is not recoverable or is damaged, for actual damages, including the value of the merchandise involved in the shoplifting; and
(3) For other actual damages arising from the incident, not including the loss of time or loss of wages incurred by the mercantile establishment or any merchant in connection with the apprehension and processing of the suspect; and
(4) In all cases, for a penalty to be paid to the mercantile establishment in the amount of $50 or double the value of the merchandise, whichever is higher.
(b) Costs and attorneys' fees. -- A merchant who is a prevailing party under this section is entitled to costs.
(c) Effect of conviction. -- A conviction for the offense of theft by shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section. However, a merchant who has recovered the penalty prescribed by section three of this article is not entitled to recover the penalty imposed by this section.
(d) Right to demand payment. -- The fact that a mercantile establishment may bring an action against an individual as provided in this section does not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages or a penalty under this section remit said damages or penalty prior to the commencement of any legal action.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3A. Shoplifting › §61-3A-6. Definitions

(a) "Card-not-present credit or debit transaction" means a credit or debit sale of merchandise by telephone, mail order, Internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant.
(b) “Conceal” means to hide, hold or carry merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.
(c) “Merchant” means an owner or operator of any mercantile establishment and includes the merchant's employees, servants, security agents or other agents.
(d) “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale. “Mercantile establishment” does not include adjoining parking lots or adjoining areas of common use with other establishments.
(e) “Merchandise” means any goods, foodstuffs, wares or personal property, or any part or portion thereof of any type or description displayed, held or offered for sale, or a shopping cart.
(f) “Value of the merchandise” means the merchant's stated price of the merchandise, or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the retail value of the merchandise, as defined in section one of this article, the difference between the merchant's stated price of the merchandise and the altered price.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3B. Trespass › §61-3B-2. Trespass in Structure or Conveyance

(a) Any person who knowingly enters in, upon, or under a structure or conveyance without being authorized, licensed, or invited, or having been authorized, licensed, or invited is requested to depart by the owner, tenant, or the agent of the owner or tenant, and refuses to do so, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100.
(b) Notwithstanding the provisions of subsection (a) of this section, any person who, without permission, knowingly and willfully enters a structure which has a clear posting that the structure has been condemned by any municipal or county government as unfit for human habitation or use, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or confined in jail not more than six months, or both fined and confined:
Provided,
That for any first violation of this subsection offense of trespass on condemned property, a court may substitute community service or pretrial diversion in lieu of a fine or confinement for trespassing on condemned property.
(c) If the offender is armed with a firearm or other dangerous weapon while in the structure or conveyance, with the intent to do bodily injury to a human being in the structure or conveyance at the time the offender knowingly trespasses, the offender, notwithstanding the provisions of 61-7-1 of this code, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or be confined in jail for not more than one year, or both fined and confined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3B. Trespass › §61-3B-3. Trespass on Property Other Than Structure or Conveyance

(a) It is an unlawful trespass for any person to knowingly, and without being authorized, licensed or invited, to enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation.
(b) First offense conviction. — Upon a first trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.
(c) Second offense conviction. — Upon a second trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $500 nor more than $1,000.
(d) Third offense conviction. — Upon a third and subsequent trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $1,000 nor more than $1,500.
(e) If the offender defies an order to leave, personally communicated to him or her by the owner, tenant or agent of such owner or tenant, or if the offender opens any door, fence or gate, and thereby exposes animals, crops or other property to waste, destruction or freedom, or causes any damage to property by such trespassing on property other than a structure or conveyance, he or she is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 nor more than $500, confined in jail for not more than six months, or both fined and confined.
(f) If the offender is armed with a firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to a human being during his or her commission of the offense of trespass on property other than a structure or conveyance, such offender, notwithstanding section one, article seven, chapter sixty-one of this code, is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than six months, fined not more than $100, or both confined and fined.
(g) Notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be liable to the property owner in the amount of twice the amount of such damage. However, this article shall not apply in a labor dispute.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3B. Trespass › §61-3B-5. Trespass on State Government Property; Aiding and Abetting; Penalties

(a) Notwithstanding any provision of this code to the contrary, any person who knowingly and willfully violates an administrative order of a court, a rule or emergency rule promulgated by the secretary of administration, a joint rule of the Senate and House of Delegates or a rule of the Senate or House of Delegates relating to access to government buildings or facilities or portions thereof under their control or who knowingly and willfully aids or abets another to violate such an order, rule or joint rule is guilty of a misdemeanor and, upon conviction, shall be confined for not more than thirty days or fined more than $500, or both.
(b) Any person who violates the provisions of subsection (a) of this section with the intent to commit a crime which constitutes a misdemeanor is guilty of a misdemeanor and, upon conviction, shall be confined in a county or regional jail for not more than one year or fined not more than $1,000, or both.
(c) Any person who violates the provisions of subsection (a) of this section with the intent to commit a crime which constitutes a felony is guilty of a felony and, upon conviction, shall be incarcerated in a state correctional facility for not less than one nor more than five years or fined not more than $5,000, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-2. Legislative Findings

The Legislature finds that:
(a) The computer and related industries play an essential role in the commerce and welfare of this state.
(b) Computer-related crime is a growing problem in business and government.
(c) Computer-related crime has a direct effect on state commerce and can result in serious economic and, in some cases, physical harm to the public.
(d) Because of the pervasiveness of computers in today's society, opportunities are great for computer related crimes through the introduction of false records into a computer or computer system, the unauthorized use of computers and computer facilities, the alteration and destruction of computers, computer programs and computer data, and the theft of computer resources, computer software and computer data.
(e) Because computers have now become an integral part of society, the Legislature recognizes the need to protect the rights of owners and legitimate users of computers and computer systems, as well as the privacy interest of the general public, from those who abuse computers and computer systems.
(f) While various forms of computer crime or abuse might possibly be the subject of criminal charges or civil suit based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which specifically proscribes various forms of computer crime and abuse and provides criminal penalties and civil remedies therefor.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-4. Computer Fraud; Access to Legislature Computer; Criminal Penalties

(a) Any person who, knowingly and willfully, directly or indirectly, accesses or causes to be accessed any computer, computer services, or computer network for the purpose of: (1) Executing any scheme or artifice to defraud; or (2) obtaining money, property, or services by means of fraudulent pretenses, representations, or promises is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in a state correctional facility for a determinate sentence of not more than 10 years, or both fined and imprisoned.
(b) Any person who, with intent to extort money or other consideration from another, introduces ransomware into any computer, computer system, or computer network is guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 or imprisoned in a state correctional facility for a determinate sentence of not more than 10 years, or both fined and imprisoned.
(c) A person is criminally responsible for placing or introducing ransomware into a computer, computer system, or computer network if the person directly places or introduces the ransomware or directs or induces another person to do so, with the intent of demanding payment or other consideration for removing, restoring access, or other remediation of the impact of the ransomware.
(d) (1) Any person who, knowingly and willfully, directly or indirectly, accesses, attempts to access, or causes to be accessed any data stored in a computer owned by the Legislature without authorization is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility for a determinate sentence of not more than five years, or both fined and imprisoned.
(2) Notwithstanding the provisions of 61-3C-17 of this code to the contrary, in any criminal prosecution under this subsection against an employee or member of the Legislature, it shall not be a defense: (A) That the defendant had reasonable grounds to believe that he or she had authorization to access the data merely because of his or her employment or membership; or (B) that the defendant could not have reasonably known he or she did not have authorization to access the data:
Provided,
That the Joint Committee on Government and Finance shall promulgate rules for the respective houses of the Legislature regarding appropriate access of members and staff and others to the legislative computer system.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-5. Unauthorized Access to Computer Services

Any person who knowingly, willfully and without authorization, directly or indirectly, accesses or causes to be accessed a computer or computer network with the intent to obtain computer services shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000 or confined in the county jail not more than one year, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-6. Unauthorized Possession of Computer Data or Programs

(a) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of $5,000 or more shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in the penitentiary for not more than ten years, or both.
(b) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of less than $5,000 shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than $1,000 or confined in the county jail for not more than one year, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-7. Alteration, Destruction, etc., of Computer Equipment

(a) Misdemeanor offenses. -- Any person who knowingly, willfully and without authorization, directly or indirectly, tampers with, deletes, alters, damages or destroys or attempts to tamper with, delete, alter, damage or destroy any computer, computer network, computer software, computer resources, computer program or computer data or who knowingly introduces, directly or indirectly, a computer contaminant into any computer, computer program or computer network which results in a loss of value of property or computer services up to $1,000, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county or regional jail not more than six months, or both.
(b) Felony offenses. -- Any person who knowingly, willfully and without authorization, directly or indirectly, damages or destroys or attempts to damage or destroy any computer, computer network, computer software, computer resources, computer program or computer data by knowingly introducing, directly or indirectly, a computer contaminant into any computer, computer program or computer network which results in a loss of value of property or computer services more than $1,000 is guilty of a felony and, upon conviction thereof, shall be fined not less than $200 and not more than $10,000 or confined in a state correctional facility not more than ten years, or both, or, in the discretion of the court, be fined not less than $200 nor more than $1,000 and confined in the county or regional jail not more than one year.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-8. Disruption of Computer Services

(a) Any person who knowingly, willfully, and without authorization, directly or indirectly, disrupts or degrades, or causes the disruption or degradation of computer services, or denies or causes the denial of computer services to an authorized recipient or user of such computer services, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000, or confined in the county jail not more than one year, or both.
(b) Any person who knowingly and willfully:
1) Disrupts or degrades;
2) Causes the disruption or degradation; or
3) Threatens to disrupt or degrade the computer services of an authorized recipient, user or, provider of such services with the intent to obtain money or any other thing of value, is guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000,000 or imprisoned in a state correctional facility not more than 20 years, or both fined and imprisoned.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-9. Unauthorized Possession of Computer Information, etc.

Any person who knowingly, willfully and without authorization, possesses any computer data, computer software, computer supplies or a computer program which he knows or reasonably should know was obtained in violation of any section of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000 or confined in the county jail for not more than one year, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-10. Disclosure of Computer Security Information

Any person who knowingly, willfully and without authorization discloses a password, identifying code, personal identification number or other confidential information about a computer security system to another person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 or confined in the county jail for not more than six months, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-11. Obtaining Confidential Public Information

Any person who knowingly, willfully and without authorization accesses or causes to be accessed any computer or computer network and thereby obtains information filed by any person with the state or any county or municipality which is required by law to be kept confidential shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 or confined in the county jail not more than six months, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-12. Computer Invasion of Privacy

Any person who knowingly, willfully and without authorization accesses a computer or computer network and examines any employment, salary, credit or any other financial or personal information relating to any other person, after the time at which the offender knows or reasonably should know that he is without authorization to view the information displayed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 or confined in the county jail for not more than six months, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-13. Fraud and Related Activity in Connection With Access Devices

(a) As used in this section, the following terms shall have the following meanings:
(1) “Access device” means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);
(2) “Counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;
(3) “Unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained without authority;
(4) “Produce” includes design, alter, authenticate, duplicate, or assemble;
(5) “Traffic” means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of.
(b) Any person who knowingly and willfully possesses any counterfeit or unauthorized access device shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county jail for not more than six months, or both.
(c) Any person who knowingly, willfully and with intent to defraud possesses a counterfeit or unauthorized access device or who knowingly, willfully and with intent to defraud, uses, produces or traffics in any counterfeit or unauthorized access device shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in the penitentiary not more than ten years, or both.
(d) This section shall not prohibit any lawfully authorized investigative or protective activity of any state, county or municipal law-enforcement agency.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-14. Endangering Public Safety

Any person who accesses a computer or computer network and knowingly, willfully and without authorization (a) interrupts or impairs the providing of services by any private or public utility; (b) interrupts or impairs the providing of any medical services; (c) interrupts or impairs the providing of services by any state, county or local government agency, public carrier or public communication service; or otherwise endangers public safety shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $50,000 or imprisoned not more than twenty years, or both.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-14b. Soliciting, etc. a Minor via Computer; Soliciting a Minor and Traveling to Engage the Minor in Prohibited Sexual Activity; Definition of Minor; Penalties

(a) Any person over the age of 18, who knowingly uses a computer to solicit, entice, seduce, or lure, or attempt to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person using the computer in order to engage in any illegal act proscribed by the provisions of 61-8-1
et seq
., 61-8B-1
et seq
., 61-8C-1
et seq
., or 61-8D-1
et seq
. of this code, or any felony offense under 60A-4-401 of this code, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than ten years, or both fined and imprisoned.
(b) Any person violating the provisions of subsection (a) of this section who engages in any overt act designed to bring himself or herself into the minors, or a person believed to be a minors physical presence with the intent to engage in any sexual activity or conduct with such a minor that is prohibited by law, is guilty of a felony and shall be fined not more than $25,000 or imprisoned in a state correctional facility for a determinate sentence of not less than five nor more than thirty years, or both fined and imprisoned :
Provided
, That subsection (a) of this section shall be deemed a lesser included offense to that created by this subsection.
(c) For purposes of this section, "minor" means a person younger than 18 years of age, or a person representing himself or herself to be a minor. Any prosecution, pursuant to this article, relating to a person representing himself or herself to be a minor shall be limited to investigations being conducted or overseen by law enforcement officers.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-14c. Cyberbullying or Specific Acts of Electronic Harassment of Minors; Definitions; Penalties; Exceptions

(a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in §61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a minor, including, but not limited to:
(1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information pertaining to a minor on the Internet; or
(2) Posting obscene material, as defined in §61-3C-14a of this code, in a real or doctored image of a minor on the Internet;
(b) For the purposes of this section:
(1) “Harass, intimidate or bully” means any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission or threat that:
(A) A reasonable person under the circumstances should know the act will have the effect of any one or more of the following:
(i) Physically harming a minor;
(ii) Damaging a minor’s property;
(iii) Placing a minor in reasonable fear of harm to his or her person; or
(iv) Placing a minor in reasonable fear of damage to his or her property; or
(B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive environment for a minor.
(2) “Minor” means an individual under the age of 18 years old.
(c) This section does not apply to a peaceful activity intended to:
(i) Express a political view; or
(ii) Provide information to others with no intent to harass, intimidate, or bully.
(d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail for a period not to exceed one year, or both confined and fined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-15. Computer as Instrument of Forgery

The creation, alteration or deletion of any computer data contained in any computer or computer network, which if done on a tangible document or instrument would constitute forgery under section five, article four, chapter sixty-one of this code will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any crime set forth in section five, article four, chapter sixty-one if a creation, alteration or deletion of computer data was involved in lieu of a tangible document or instrument.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-16. Civil Relief; Damages

(a) Any person whose property or person is injured by reason of a violation of any provision of this article may sue therefor in circuit court and may be entitled to recover for each violation:
(1) Compensatory damages;
(2) Punitive damages; and
(3) Such other relief, including injunctive relief, as the court may deem appropriate.
Without limiting the generality of the term, “damages” shall include loss of profits.
(b) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a manner as to protect the secrecy and security of the computer network, computer data, computer program or computer software involved in order to prevent any possible recurrence of the same or a similar act by another person or to protect any trade secret or confidential information of any person. For the purposes of this section “trade secret” means the whole or any portion or phase of any scientific or technological information, design, process, procedure or formula or improvement which is secret and of value. A trade secret shall be presumed to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those authorized by the owner to have access thereto for a limited purpose.
(c) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(d) A civil action under this section must be commenced before the earlier of: (1) Five years after the last act in the course of conduct constituting a violation of this article; or (2) two years after the plaintiff discovers or reasonably should have discovered the last act in the course of conduct constituting a violation of this article.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-17. Defenses to Criminal Prosecution

(a) In any criminal prosecution under this article, it shall be a defense that:
(1) The defendant had reasonable grounds to believe that he had authority to access or could not have reasonably known he did not have authority to access the computer, computer network, computer data, computer program or computer software in question; or,
(2) The defendant had reasonable grounds to believe that he had the right to alter or destroy the computer data, computer software or computer program in question; or,
(3) The defendant had reasonable grounds to believe that he had the right to copy, reproduce, duplicate or disclose the computer data, computer program, computer security system information or computer software in question.
(b) Nothing in this section shall be construed to limit any defense available to a person charged with a violation of this article.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-18. Venue

For the purpose of criminal and civil venue under this article, any violation of this article shall be considered to have been committed:
(1) In any county in which any act was performed in furtherance of any course of conduct which violates this article;
(2) In the county of the principal place of business in this state of the aggrieved owner of the computer, computer data, computer program, computer software or computer network, or any part thereof;
(3) In any county in which any violator had control or possession of any proceeds of the violation or any books, records, documentation, property, financial instrument, computer data, computer software, computer program, or other material or objects which were used in furtherance of or obtained as a result of the violation;
(4) In any county from which, to which, or through which any access to a computer or computer network was made, whether by wires, electromagnetic waves, microwaves or any other means of communication; and
(5) In the county in which the aggrieved owner or the defendant resides or either of them maintains a place of business.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-20. Personal Jurisdiction

Any person who violates any provision of this article and, in doing so, accesses, permits access to, causes access to or attempts to access a computer, computer network, computer data, computer resources, computer software or computer program which is located, in whole or in part, within this state, or passes through this state in transit, shall be subject to criminal prosecution and punishment in this state and to the civil jurisdiction of the courts of this state.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3C. West Virginia Computer Crime and Abuse Act › §61-3C-21. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of this article which can be given effect without the invalid provision or application, and to that end the provisions of this article are declared to be severable.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 3D. Theft of Cable Television Services › §61-3D-1. Definitions

As used in this article:
(1) “Cable system” means any facility within this state consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within a community, and does not include: (A) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless that facility or facilities uses any public right-of-way; or (C) a facility of a public utility subject, in whole or in part, to the provisions of chapter twenty-four of this code, except to the extent that those facilities provide video programming directly to subscribers.
(2) “Cable operator” means any person or group of persons: (A) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
(3) “Cable service” means: (A) The one-way transmission to subscribers of video programming or other programming service; and (B) subscriber interaction, if any, which is required for the selection of video programming or other programming service.
(4) “Subscriber” means any person who receives cable television services.
(5) “Unauthorized” means that payment of full compensation for cable television services has been avoided, or has been sought to be avoided, without the consent of the supplier of the service.