PART FIVE - GENERAL OFFENSES CODE
Art. 501.     Administration and Law Enforcement.
Art. 505.     Animals and Fowl.
Art. 509.     Disorderly Conduct and Peace Disturbance.
Art. 513.     Gambling.
Art. 517.     Indecency and Obscenity.
Art. 521.     Liquor Control.
Art. 523.     Litter Control.
Art. 525.     Minors.
Art. 529.     Offenses Relating to Persons.
Art. 533.     Offenses Relating to Property.
Art. 545.     Weapons and Explosives.
Art. 546.     Sale, Storage and Display of Class C Fireworks.
Art. 549.     Drug Paraphernalia Businesses.
ARTICLE 501
Administration and Law Enforcement
501.01   Refusal to aid officer.
501.02   Obstructing officer; fleeing from officer.
501.03   False fire alarm.
501.04   False reports concerning bombs or other explosive devices.
501.05   Impersonating an official or law enforcement officer.
501.06   Attempts.
501.07   Citation in lieu of arrest; failure to appear.
501.08   Falsely reporting an emergency incident.
501.09   False report.
501.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Specific types of bribery - see W. Va. Code 3-1-1 et seq., 15-2-17 et seq., 18-2A-9, 61-10-15 and 61-10-22
Penalty not to exceed that provided in W. Va. Code Ch. 61 - see W. Va. Code 8-12-5(57)
Crimes against public justice - see W. Va. Code Art. 61-5
Bribery and corrupt practices generally - see W. Va. Code Art. 61-5A
Failure to comply with lawful order of police officer - see TRAF. 303.02
501.01  REFUSAL TO AID OFFICER.
   No person shall, when required by the Police Chief or any other officer, refuse or neglect to assist him in the execution of his office in a criminal case, in the preservation of the peace or in the apprehension or securing of any person for a breach of the peace or in any case of escape or rescue.
(WVaC 61-5-14)
501.02  OBSTRUCTING OFFICER; FLEEING FROM OFFICER.
   (a)   No person shall by threats, menaces, acts or otherwise, forcibly or illegally hinder or obstruct, or attempt to hinder or obstruct, any law-enforcement officer, probation officer, parole officer, court security officer, the State Fire Marshal, or a full-time Deputy or Assistant Fire Marshal acting in his or her official capacity.
   (b)   No person shall, with intent to impede or obstruct a law enforcement officer, the State Fire Marshal or a full-time Deputy or Assistant Fire Marshal in the conduct of an investigation of a misdemeanor or felony offense, knowingly and willfully make a materially false statement.  Provided, that the provisions of this subsection (b) shall not apply to statements made by a spouse, parent, stepparent, grandparent, sibling, half-sibling, child, stepchild or grandchild, whether related by blood or marriage, of the person under investigation.  Statements made by the person under investigation may not be used as the basis for prosecution under this subsection.  For the purposes of this subsection, “law enforcement officer” shall not include a watchman, state police or college security personnel who is not a certified law-enforcement officer.
   (c)   No person shall intentionally flee or attempt to flee by any means other than the use of a vehicle from any law-enforcement officer, probation officer, parole officer, court security officer, the State Fire Marshal, or a full-time Deputy or Assistant Fire Marshal acting in his or her official capacity who is attempting to make a lawful arrest of the person, and who knows or reasonably believes that the officer is attempting to arrest the person.
   (d)   No person shall intentionally flee or attempt to flee in a vehicle from any law-enforcement officer, probation officer, or parole officer acting in his or her official capacity, after the officer has given a clear visual or audible signal directing the person to stop.
   (e)   No person shall intentionally flee or attempt to flee in a vehicle from any law-enforcement officer, probation officer or parole officer acting in his or her official capacity, after the officer has given a clear visual or audible signal directing the person to stop, and cause damage to the real or personal property of any person during or resulting from his or her flight.
   (f)   For purposes of this section, “vehicle” includes any motor vehicle, motorcycle, motorboat, all-terrain vehicle or snowmobile, as those terms are defined in West Virginia Code 17A-1-1 whether or not it is being operated on a public highway at the time and whether or not it is licensed by the State.
   (g)   For purposes of this section, “flee”, “fleeing” and “flight” do not include any person’s reasonable attempt to travel to a safe place, allowing the pursuing law-enforcement officer, probation officer, or parole officer to maintain appropriate surveillance, for the purpose of complying with the officer’s direction to stop.
   (h)   (1)   No person, with the intent to purposefully deprive another person of emergency services, shall interfere with or prevent another person from making an emergency communication, which a reasonable person would consider necessary under the circumstances, to law-enforcement, fire or emergency medical service personnel.
      (2)   For the purpose of this subsection, “interfere with or prevent” includes, but is not limited to, seizing, concealing, obstructing access to or disabling or disconnecting a telephone, telephone line, or equipment or other communication device.   
      (3)   For the purpose of this subsection, “emergency communication” means communication to transmit warnings or other information pertaining to a crime, fire, accident, power outage, disaster or risk of injury or damage to a person or property.  (WVaC 61-5-17)
   (i)   No person shall refuse or fail to comply with any lawful order, direction or signal of a police officer.
501.03  FALSE FIRE ALARM.
   No person shall make, turn in or telephone, or by use of any means or method of communication aid or abet in the making or turning in of any alarm of fire which he knows to be false at the time of making such alarm. 
(WVaC 29-3-21)
501.04  FALSE REPORTS CONCERNING BOMBS OR OTHER EXPLOSIVE DEVICES.
   (a)   No person shall impart or convey or cause to be imparted or conveyed any false information, knowing or having reasonable cause to believe such information to be false, concerning the presence of any bomb or other explosive device in, at, on, near, under or against any dwelling house, structure, improvement, building, bridge, motor vehicle, vessel, boat, railroad car, airplane or other place, or concerning an attempt or alleged attempt being made or to be made to so place or explode any such bomb or other explosive device.
   (b)   Notwithstanding any provision of this section to the contrary, any person violating the provisions of subsection (a) of this section for a second offense or whose violation of the subsection results in another suffering serious bodily injury shall be guilty of a felony and prosecuted under appropriate State law. 
(WVaC 61-6-17)
501.05  IMPERSONATING AN OFFICIAL OR LAW ENFORCEMENT OFFICER.
   (a)   No person shall falsely represent himself or herself to be a law-enforcement officer or law-enforcement official or be under the order or direction of any such person.  No person not a law-enforcement officer or law-enforcement official shall wear the uniform prescribed for such persons, or the badge or other insignia adopted for use by such persons with the intent to deceive another person.
   For purposes of this section, "law-enforcement officer" and "law-enforcement official" shall have the meanings set forth in West Virginia Code 30-29-1 except that such terms shall not include members of the State Division of Public Safety and shall not include individuals hired by non-public entities for the provision of security services.  (WVaC 61-1-9)
   (b)   No person shall falsely represent himself to be an officer or employee of the Municipality, or exercise or attempt to exercise any of the duties, functions or powers of a Municipal officer.  No person not a member of the Fire Department, for the purpose of such false representation, shall wear a uniform or part thereof similar to the uniform worn by a member of the Fire Department.
501.06  ATTEMPTS.
   Every person who attempts to commit an offense, but fails to commit or is prevented from committing it, shall be subject to the penalty provided in Section 501.99 if the offense is punishable by confinement in jail.
(WVaC 61-11-8)
501.07  CITATION IN LIEU OF ARREST; FAILURE TO APPEAR.
   A police officer may issue a citation instead of making an arrest for the following offenses, if there are reasonable grounds to believe that the person being cited will appear to answer the charge:
   (a)   Any misdemeanor, not involving injury to the person, committed in a police officer's presence: provided, that the officer may arrest the person if he has reasonable grounds to believe that the person is likely to cause serious harm to himself or others; and
   (b)   When any person is being detained for the purpose of investigating whether such person has committed or attempted to commit shoplifting, pursuant to Section 533.01 of this Code.
   The citation shall provide that the defendant shall appear within a designated time.
   If the defendant fails to appear in response to the citation or if there are reasonable grounds to believe that he will not appear, a complaint may be made and a warrant shall issue.  When a physical arrest is made and a citation is issued in relation to the same offense, the officer shall mark on the citation, in the place specified for court appearance date, the word "arrested" in lieu of the date of court appearance. 
(WVaC 62-1-5(a))
501.08  FALSELY REPORTING AN EMERGENCY INCIDENT.
   A person is guilty of reporting a false emergency incident when knowing the information reported, conveyed or circulated is false or baseless, he:
   (a)   Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe, accident, illness or other emergency under circumstances in which it is likely that public alarm or inconvenience will result or that firefighting apparatus, ambulance apparatus, one or more rescue vehicles or other emergency apparatus might be summoned; or
   (b)   Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, accident, illness or other emergency in which it is likely that public alarm or inconvenience will result or that firefighting apparatus, ambulance apparatus, one or more rescue vehicles or other emergency apparatus might be summoned, which did not occur, does not in fact exist; or
   (c)   Reports to a law enforcement officer or agency the alleged occurrence of any offense or incident which did not in fact occur or an allegedly impending occurrence of an offense or incident which is not in fact about to occur or false information relating to an actual offense or incident or to the alleged implication of some person therein; or
   (d)   Without just cause, calls or summons by telephone, fire alarm system or otherwise, any firefighting apparatus, ambulance apparatus, rescue vehicles or other emergency vehicles. 
(WVaC 61-6-20)
501.09  FALSE REPORT.
   No person shall make or give a false report or false information to any police or fire officer of the City.
501.99  PENALTY.
   (a)   Whoever violates any provision of this Part Five - General Offenses Code for which no other penalty is provided shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.  Each day such violation continues shall constitute a separate offense.
 
   (b)   Whoever violates Section 501.01 shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both. 
(WVaC 61-5-14)
 
   (c)   Whoever violates Section 501.02(b) shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than five days, or both.
 
   (d)   Whoever violates Section 501.02(d) shall be fined not more than one thousand dollars ($1,000) and shall be imprisoned not more than thirty days.
(WVaC 61-5-17)
   (e)   Whoever violates Section 501.02 (e) shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) and shall be imprisoned for not more than thirty days.  (WVaC 61-5-17)
   (f)   Whoever violates Section 501.02(h) shall be fined not less than two hundred fifty dollars ($250.00) nor more than two thousand dollars ($2,000) or imprisoned not less than one day nor more than thirty days, or both fined and imprisoned.
(WVaC 61-5-17)
   (g)   (1)   Except as provided by the provisions of subsection (g)(2) of this section, any person who violates the provisions of Section 501.03 shall be fined for a first offense not more than one hundred dollars ($100.00) or imprisoned for not more than thirty days, or both; and for a second and each subsequent offense fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than thirty days, or both.
      (2)   Any person who violates the provisions of Section 501.03 with the intent to cause injury to the person of another, to cause destruction of the property of another or to divert the attention of law enforcement or fire personnel to help effectuate the commission of another crime shall be guilty of a felony and shall be prosecuted under appropriate state law.
 
   (h)   Whoever violates Section 501.04 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
(WVaC 61-6-17)
 
   (i)   Whoever violates Section 501.05(a) shall be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000).
(WVaC 61-1-9)