CHAPTER 132: MINORS
Section
   132.01   Contributing to delinquency or neglect of minor
   132.02   Cruelty to children
   132.03   Parental liability for acts of children
   132.04   Abandoned airtight containers
   132.05   Curfew
   132.06   Tobacco usage restrictions
 
   132.99   Penalty
Statutory reference:
   Contributing to delinquency of minor, see W. Va. Code Art. 49-7
   Delinquent child defined, see W. Va. Code 31D-14-1401 et seq.
   Jurisdiction of municipal court, see W. Va. 49-5-101(b)
§ 132.01 CONTRIBUTING TO DELINQUENCY OR NEGLECT OF MINOR.
   No person shall by any act or omission contribute to, encourage or tend to cause the delinquency or neglect of any child, including, but not limited to, aiding or encouraging any such child to habitually or continually refuse to respond, without just cause, to the lawful supervision of such child’s parent, guardian or custodian or to be habitually absent from school without just cause.
(W. Va. Code Art. 49-7) (Prior Code, § 525.01) Penalty, see § 132.99
§ 132.02 CRUELTY TO CHILDREN.
   (A)   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.
   (B)   In addition to any penalty provided under this chapter 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.
(W. Va. Code 61-8D-4) (Prior Code, § 525.02) Penalty, see § 132.99
§ 132.03 PARENTAL LIABILITY FOR ACTS OF CHILDREN.
   (A)   The custodial parent or parents of any minor child shall be personally liable in an amount not to exceed that specified in W. Va. 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:
      (1)   The malicious and willful injury to the person of another;
      (2)   The malicious and willful injury or damage to the property of another, whether the property be real, personal or mixed;
      (3)   The malicious and willful setting fire to a forest or wooded area belonging to another; or
      (4)   The willful taking, stealing and carrying away of the property of another, with the intent to permanently deprive the owner of possession.
   (B)   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.
   (C)   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, her 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.
(W. Va. Code 55-7A-2) (Prior Code, § 525.03)
§ 132.04 ABANDONED AIRTIGHT CONTAINERS.
   No person shall abandon any refrigerator or food freezer appliance or other airtight appliance having a height or length of greater then two feet without first removing all entry doors therefrom.
(W. Va. Code 61-2-26) (Prior Code, § 525.04) Penalty, see § 132.99
§ 132.05 CURFEW.
   (A)   No minor under the age of 18 years shall loiter, idle, wander, stroll or play in or upon the streets, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, either on foot or to cruise about without a set destination in any vehicle, in, about or upon any place in the city between the hours of 10:00 p.m. and 5:00 a.m. of the following day; provided, that the provisions of this section shall not apply to a minor accompanied by his or her parent, guardian, custodian or other adult person having the care, custody or control of such minor, or while the minor is legally employed and is going to or from the place of employment or is engaged in the duties thereof or unless the minor is on an emergency errand or specific business or activity directed or permitted by his or her parent, guardian, custodian or other adult person having the care, custody or control of such minor.
   (B)   Any minor violating this section shall be deemed a delinquent under the provisions of state law and shall be dealt with as such under state law.
   (C)   No parent, guardian, custodian or other adult person having the care, custody or control of a minor under the age of 18 years shall knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, either on foot or to cruise without a set destination in any vehicle, in, about or upon any place in the city between the hours of 10:00 p.m. and 6:00 a.m. of the following day; provided, that the provisions of this section shall not apply when the minor is accompanied by his or her parent, guardian, custodian or other adult person having the care, custody or control of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, custodian or other adult person having the care, custody or control of the minor, or where the minor is lawfully employed and is going to or from the place of such employment or is engaged in the duties thereof.
(Prior Code, § 525.05) (Ord. 94-01, passed 3-1-1994) Penalty, see § 132.99
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