(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 130.99 of this code of ordinances.
(B) (1) Penalty. A person convicted of shoplifting, per § 132.01 of this chapter, 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 defendant shall be fined in an amount set by Council from time to time; and
2. When the value of the merchandise exceeds $500, the defendant shall be fined in an amount set by Council from time to time, and such fine shall not be suspended; or the defendant shall be confined in jail not more than 30 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 defendant shall be fined in an amount set by Council from time to time, and such fine shall not be suspended; or the defendant shall be confined in jail not more than 30 days, or both; and
2. When the value of the merchandise exceeds $500, the defendant shall be fined in an amount set by Council from time to time and shall be confined in jail not more than 30 days.
(2) Mandatory penalty. In addition to the fines and imprisonment imposed by this division (B), 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 an amount set by Council from time to time, 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 section, the court shall disregard all such convictions occurring more than seven years prior to the shoplifting offense in question.
(Prior Code, § 533.01)
(C) (1) Trespass in structure or conveyance. 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 such owner or tenant, and refuses to do so, as per § 132.02(B) of this chapter, shall be fined in an amount set by Council from time to time. If the offender is armed with a firearm or other dangerous weapon while in the structure or conveyance, with the unlawful and felonious intent to do bodily injury to a human being in such structure or conveyance at the time the offender knowingly trespasses, such offender shall, notwithstanding the provisions of W.Va. Code § 61-7-1, be subject to the penalty provided in § 130.99(A) of this code of ordinances.
(2) Trespass on property other than structure or conveyance.
(a) Whoever knowingly and without being authorized, licensed or invited, enters or remains 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, as per § 132.02(C) of this chapter, shall be fined in an amount set by Council from time to time.
(b) 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, as per § 132.02(C) of this chapter, he or she shall be subject to the penalty provided in § 130.99(A) of this chapter.
(c) 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, as per § 132.02(C) of this chapter, such offender shall, notwithstanding the provisions of W.Va. Code § 61-7-1, be imprisoned not more than 30 days, or fined in an amount set by Council from time to time, or both.
(d) 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, as per § 132.02(C) of this chapter, shall be liable to the property owner in the amount of twice the amount of such damage; provided that, the provisions of this division (C) shall not apply in a labor dispute.
(Prior Code, § 132.02)
(D) Whoever violates § 132.05(B) of this chapter shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both.
(E) (1) Any person convicted of a violation of § 132.09 of this chapter shall be subject to the following penalties:
(a) Upon a first conviction, the defendant shall be fined in an amount set by Council from time to time.
(b) Upon a second conviction, the defendant shall be fined in an amount set by Council from time to time.
(c) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both.
(2) Notwithstanding the provisions of W.Va. Code § 61-11A-4 or W.Va. Code § 50-3-2(a), the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received.
(Prior Code, § 533.99)
Statutory reference:
Property injury or destruction fines, see W.Va. Code § 61-5-33
Shoplifting fines, see W.Va. Code § 61-3A-3