(A) Any person violating any provisions of this chapter for which no other penalty is provided shall be subject to the provisions of § 10.99.
(B) (1) Any person deemed guilty is guilty of a felony, designated grand larceny, as described in § 130.041(A), shall, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and shall be fined not more than $2,500, or other amount deemed appropriate by the Municipal Court.
(2) Any person deemed guilty is deemed guilty of a misdemeanor, designated petit larceny, as described in § 130.041(B), shall, upon conviction thereof, shall be confined in jail for a term not to exceed one year or fined not to exceed $2,500, or both, in the discretion of the court.
(Prior Code, § 17-41)
(C) Any parent, guardian, custodian, or other adult person having the legal custody and control of a minor who is guilty of any violation of the provisions of § 130.044, or any person, firm, or corporation operating or having charge of any public place who knowingly permits or suffers the presence of minors on their premises in violation of the terms of § 130.044, shall be subject to a fine of not more than $200, or other amount deemed appropriate by the Municipal Court, and/or imprisonment in the county jail for a period of not more than 30 days. Any minor who violates any provision of this section shall be dealt with and proceeded against in such manner as may be authorized by the juvenile laws of the state.
(D) Any person who knowingly sends or causes to be sent or causes to be brought into the city for sale or public display, or prepares, sells, or makes a public display, or in the city offers to prepare, sell, or make a public display, or in the city offers to prepare, sell, or make a public display of any obscene matter to any individual, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or other amount deemed appropriate by the Municipal Court, or imprisoned in the county jail not more than 30 days or both fined and imprisoned. A person convicted of a second or subsequent offense under § 130.046 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or other amount deemed appropriate by the Municipal Court, or imprisoned in the county jail not more than six months or both fined and imprisoned.
(Ord. passed 2-4-1980; Ord. passed 10-23-1997; Ord. passed 8-7-2006)
Statutory reference:
Distinction between grand larceny, a felony, and petit larceny, see W. Va. Code 61-3-13
Other provisions relating to larceny, see W. Va. Code 61-3-14 to 61-3-19