(A) No person shall drive a vehicle not his or her own without the consent of the owner thereof, and with the intent temporarily to deprive said owner of his or her possession of such vehicle without the intent to steal the same is guilty of a misdemeanor. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in or is a party or accessory to or an accomplice in any such unauthorized taking or driving shall also violate this section and is guilty of a misdemeanor.
(B) (1) Any person who either individually or in association with one or more persons willfully injures or tampers with any vehicle or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a misdemeanor.
(2) Any person who, with intent to commit any malicious mischief, injury, or other crime, climbs into or upon a vehicle, whether it is in motion or at rest, or with like intent attempts to manipulate any of the levers, starting mechanisms, brakes, or other mechanisms or devices of a vehicle while the same is at rest and unattended, or with like intent sets in motion any vehicle while the same is at rest and unattended, is guilty of a misdemeanor.
(C) Any person, either individually or in association with one or more persons, who shall willfully injure or damage any item of special mobile equipment or break or remove any parts from an item of special mobile equipment without the consent of the owner, which injury, damage, or breakage or removal of parts shall be of an amount of $1,000 or more, is guilty of a felony. If the injury, damage, or breakage or removal of parts shall be of an amount which is less than $1,000, then such person is guilty of a misdemeanor.
(Prior Code, § 349.13) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020) Penalty, see § 72.999
Statutory reference:
Generally, see W. Va. Code § 17A-8-6