(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(1986 Code, § 533.99)
(B) A person convicted of shoplifting in violation of § 137.01 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 not more than $250.
(b) When the value of the merchandise exceeds $500, the defendant shall be fined not less than $100 nor more than $500 and such fine shall not be suspended, or the defendant shall be confined in jail not more than 30 days, 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 not less than $100, nor more than $500 and such fine shall not be suspended, or the defendant shall be confined in jail not more than 30 days, or both.
(b) When the value of the merchandise exceeds $500, the defendant shall be fined not less than $500 and shall be confined in jail not more than 30 days.
(3) Mandatory penalty. 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 of $50, 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.
(4) 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.
(W.Va. Code § 61-3A-3) (1986 Code, § 533.01)
(C) Whoever violates § 137.03 and upon conviction thereof, shall be confined in jail for a term not to exceed 30 days or fined not to exceed $1,500, or both, in the discretion of the court.
(1986 Code, § 533.03)
(D) Any person who violates the provisions of § 137.07 by placing, depositing, dumping or throwing or causing to be placed, deposited, dumped or thrown any litter, not collected for commercial purposes, in an amount not exceeding 100 pounds in weight or 27 cubic feet in size, is guilty of a misdemeanor. Upon conviction, he or she is subject to a fine of not less than $50 nor more than $1,000, or in the discretion of the court, sentenced to perform community service by cleaning up litter from any public highway, road, street, alley or any other public park or public property, or waters of the state, as designated by the court, for not less than eight nor more than 16 hours, or both.
(1986 Code, § 533.07)
(E) Any person who violates the provisions of §§ 137.05(B) or 137.09 shall be fined not more than $200 or imprisoned not more than 30 days, or both.
(F) Any person convicted of a violation of § 137.10 shall be subject to the following penalties:
(1) Upon a first conviction, the defendant shall be fined not less than $50 nor more than $250.
(2) Upon a second conviction, the defendant shall be fined not less than $250 nor more than $500.
(3) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than $500 nor more than $1,000 or imprisoned not more than 30 days, or both. Notwithstanding the provisions of W.Va. Code §§ 50-3-2a or 61-11A-4, the magistrate or court ay order restitution not to exceed the value of unauthorized solid waster services received.
(W.Va. Code § 61-5-33) (1986 Code, § 533.99) (Ord. passed 9-11-2000; Ord. passed 4-17-2007; Ord. passed 11-13-2007)