§ 134.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Whoever violates § 131.02(A) shall be fined a sum not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 529.99)
   (C)   Whoever violates § 134.19(B) shall be fined a sum not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 533.99)
   (D)   A person convicted of shoplifting (in violation of § 134.15(B)) shall be punished as follows.
      (1)   First offense conviction. Upon a first shoplifting conviction:
         (a)   When the value of the merchandise is less than or equal to $500, the defendant shall be fined a sum not to exceed state law; and
         (b)   When the value of the merchandise exceeds $500, the defendant shall be fined a sum not to exceed state law and such fine shall not be suspended; or the defendant shall be confined in jail for a term not to exceed state law, or both.
      (2)   Second offense conviction. Upon a second shoplifting conviction:
         (a)   When the value of the merchandise is less than or equal to $500, the defendant shall be fined a sum not to exceed state law and such fine shall not be suspended; or the defendant shall be confined in jail for a term not to exceed state law, or both;
         (b)   When the value of the merchandise exceeds $500, the defendant shall be fined a sum not to exceed state law and shall be confined in jail for a term not to exceed state law; and
         (c)   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 not to exceed state law, 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.
      (3)   Prior convictions. In determining the number of prior shoplifting convictions for purposes of imposing punishment under this division (D), the court shall disregard all such convictions occurring more than seven years prior to the shoplifting offense in question.
(W. Va. Code 61-3A-3) (Prior Code, § 533.01)