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(a) No person eighteen years of age or older shall knowingly contribute to or encourage the delinquency of a child.
(b) As used in this section, “delinquency” means the violation or attempted violation of any federal or state statute, county or municipal ordinance, or a court order, or the habitual or continual refusal to comply, without just cause, with the lawful supervision or direction of a parent, guardian or custodian.
(c) In addition to any penalty provided under Section 501.99 and any restitution which may be ordered by the court pursuant to West Virginia Code 61-11A-5, the court may order any person convicted of a violation of subsection (a) of this section to pay all or any portion of the cost of medical, psychological or psychiatric treatment provided the child resulting from the acts for which the person is convicted.
(d) This section does not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of the parent, guardian or custodian with necessary medical care, when medical care conflicts with the tenets and practices of a recognized religious denomination or order of which parent, guardian or custodian is an adherent or member.
(e) It is not an essential element of the offense created by this section that the minor actually be delinquent.
(f) Upon conviction, the court may suspend the sentence of a person found guilty under this section. A suspended sentence may be subjected to the following terms and conditions:
(1) That offender pay for any and all treatment, support, and maintenance while the child is in the custody of the state or person that the court determines reasonable and necessary for the welfare of the child;
(2) That the offender post a sufficient bond to secure the payment for all sums ordered to be paid under this section, as long as the bond does not exceed five thousand dollars ($5,000); and
(3) That the offender participate in any program or training that will assist the child in correcting the delinquent behavior or, in the case of neglect, that will assist the offender in correcting his or her behavior that led to violation of this section.
(g) (1) The penalty of a bond given upon suspension of a sentence which becomes forfeited is recoverable without a separate suit. The court may cause a citation or a summons to issue to the principal and surety, requiring that they appear at a time named by the court, not less than ten days, from the issuance of the summons, and show cause why a judgment should not be entered for the penalty of the bond and execution issued against the property of the principal and the surety.
(2) Any money collected or paid upon an execution, or upon the bond, shall be deposited with the clerk of the court in which the bond was given. The money shall be applied first to the payment of all court costs and then to the treatment, care or maintenance of the child who was at issue when the offender was convicted of this section.
(h) If the guilty person had custody of the child prior to conviction, the court or judge may, on suspending sentence, permit the child to remain in the custody of the person, and make it a condition of suspending sentence that the person provides whatever treatment and care may be required for the welfare of the child, and shall do whatever may be calculated to secure obedience to the law or to remove the cause of the delinquency.
(WVaC 61-8D-10)
No person shall cruelly ill treat, abuse or inflict unnecessary cruel punishment upon, any infant or minor child, and no person, having the care, custody or control of any minor child, shall willfully abandon or neglect the minor child.
In addition to any penalty provided under this section and any restitution which may be ordered by the court, the court may order any person convicted under the provisions of this section to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the person is convicted, whether or not the victim is considered to have sustained bodily injury.
(WVaC 61-8-24)
The custodial parent or parents of any minor child shall be personally liable in an amount not to exceed that specified in West Virginia Code 55-7A-2 for damages which are the proximate result of any one or a combination of the following acts of the minor child:
(a) The malicious and willful injury to the person of another; or
(b) The malicious and willful injury or damage to the property of another, whether the property be real, personal, or mixed; or
(c) The malicious and willful setting fire to a forest or wooded area belonging to another; or
(d) The willful taking, stealing and carrying away of the property of another, with the intent to permanently deprive the owner of possession.
For purposes of this section, "custodial parent or parents" means the parent or parents with whom the minor child is living, or a divorced or separated parent who does not have legal custody but who is exercising supervisory control over the minor child at the time of the minor child's act.
Persons entitled to recover damages under this section shall include, but are not limited to, the State, any municipal corporation, county commission and board of education, or other political subdivision of this State or any person or organization of any kind or character. The action may be brought in magistrate or another court of competent jurisdiction. Recovery hereunder shall be limited to the actual damages, based upon direct out-of-pocket loss, taxable court costs, and interest from date of judgment. The right of action and remedy granted herein shall be in addition to and not exclusive of any rights of action and remedies therefor against a parent or parents for the tortious acts of his or their children heretofore existing under the provisions of any law, statutory or otherwise, or now so existing independently of the provisions of this section.
(WVaC 55-7A-2)
(a) No child under the age of sixteen years shall be upon the streets or in any other public places of the City after the hour of 10:00 p.m. unless accompanied by the parent, guardian, custodian or some adult person lawfully in charge of such child.
(b) No parent, guardian, custodian or other person having the custody of a child under the age of sixteen years shall allow such child to be upon the streets or in other public places in the City after 10:00 p.m., unless accompanied by such parent, guardian, custodian or some adult person lawfully in charge of such child.
(c) This section shall not be construed to prohibit children under the age of sixteen years from attending places of religious worship or meetings held by or under the auspices of the public schools or boy scouts and girl scouts or other like organizations, unaccompanied by the parent, guardian, custodian or other adult person. (1976 Code Sec. 13-33)
(a) No person, by any act or omission, shall contribute, encourage or tend to cause the delinquency or neglect of any child.
(b) In finding a person guilty of contributing to the delinquency of a child, it shall not be necessary to prove that the child has actually become delinquent, if it appears from the evidence that the accused is guilty of conduct or of an act of neglect or omission of duty on his part toward the child which would tend to bring about or to encourage the delinquency
(c) For the purposes of this section, the term "delinquent child" means a person under the age of eighteen years who:
(1) Violates a Federal or State law or a Municipal ordinance;
(2) Commits an act which, if committed by an adult, would be a crime not punishable by death or life imprisonment;
(3) Is incorrigible, ungovernable or habitually disobedient and beyond the control of his parent, guardian or other custodian;
(4) Is habitually truant;
(5) Without just cause and without the consent of his parent, guardian or other custodian, repeatedly deserts his home or place of abode;
(6) Engages in an occupation which is in violation of law;
(7) Associates with immoral or vicious persons;
(8) Frequents a place the existence of which is in violation of law;
(9) Deports himself so as to wilfully injure or endanger the morals or health of himself or others. (1976 Code Sec. 13-35)
No proprietor or any other person in charge of the dance house, concert saloon, theater, museum, motion picture theater or similar place of amusement or other place, where wine, beer or alcohol is sold or given away, or any place of entertainment injurious to the health or morals, or any theater where an R rated or X rated motion picture is exhibited shall admit or permit to remain therein any minor under the age of eighteen years of age unless accompanied by his parent or guardian or other adult with the consent of a parent or guardian. (12-27-83)
(a) Sale or Gift of Tobacco to Persons Under Eighteen. No person, firm, corporation or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product;
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form; or
(3) Any tobacco-derived product, alternative nicotine product or vapor product.
(b) Any firm or corporation that violates any provision of subsection (a) hereof and any individual who violates any provision of subsection (a) hereof shall be fined fifty dollars ($50.00) for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: at least two hundred fifty dollars ($250.00) but not more than five hundred dollars ($500.00) for the second offense, if it occurs within two years of the first conviction; at least five hundred dollars ($500.00) but not more than seven hundred fifty dollars ($750.00) for the third offense, if it occurs within two years of the first conviction; and at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000) for any subsequent offense, if the subsequent offense occurs within five years of the first conviction.
(c) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco, tobacco product or tobacco-derived product, in any form, for the first offense shall be fined not more than one hundred dollars ($100.00); upon conviction thereof for a second or subsequent offense shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(d) Any employer who discovers that his or her employee has sold or furnished tobacco products or tobacco-derived products to minors may dismiss such employee for cause. Any such discharge shall be considered as “gross misconduct” for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of West Virginia Code 21a-6-3 if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.
(WVaC 16-9A-2)
(e) Use or Possession of Tobacco or Tobacco-Derived Products by Persons Under the Age of Eighteen Years. No person under the age of eighteen years shall have on or about his or her person or premises or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco, tobacco product or tobacco-derived product; provided, that minors participating in the inspection of locations where tobacco products or tobacco-derived products are sold or distributed pursuant to West Virginia Code 16-9A-7 shall not be deemed to violate the provisions of this subsection (e). Any person violating the provisions of this subsection (e) shall for the first violation be fined fifty dollars ($50.00) and be required to serve eight hours of community service; for a second violation, the person shall be fined one hundred dollars ($100.00) and be required to serve sixteen hours of community service; and for a third and each subsequent violation, the person shall be fined two hundred dollars ($200.00) and be required to serve twenty- four hours of community service. Notwithstanding the provisions of West Virginia Code 49-4- 701, the Magistrate Court has concurrent jurisdiction.
(WVaC 16-9A-3)
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