533.01 Shoplifting.
533.02 Trespass.
533.03 Petit larceny.
533.04 Dealing with stolen goods.
533.05 Injury or destruction of property or monuments.
533.06 Tampering with and theft of utilities; CATV.
533.07 Littering and deposit of garbage, rubbish, junk, etc.
533.08 Barricades and warning lights; abandoned excavations.
533.09 Unauthorized use of dumpsters.
533.10 Fraudulently obtaining food or lodging.
533.12 Order of abatement.
533.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to regulate advertising - see W. Va. Code 8-12-5(31)
State law provisions - see W. Va. Code Art. 61-3
(a) General Definitions.
(1) “Card-not-present credit or debit transaction” means a credit or debit sale of merchandise by telephone, mail order, internet or other means that does not require the cardholder’s signature or physical presentation of the credit or debit card to the merchant.
(2) "Conceal" means to hide, hold or carry merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.
(3) "Merchant" means an owner or operator of any mercantile establishment, and includes the merchant's employees, servants, security agents or other agents.
(4) "Mercantile establishment" means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale. "Mercantile establishment" does not include adjoining parking lots or adjoining areas of common use with other establishments.
(5) "Merchandise" means any goods, foodstuffs, wares or personal property or any part or portion thereof of any type or description displayed, held or offered for sale, or a shopping cart.
(6) "Value of the merchandise" means the merchant's stated price of the merchandise, or in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the retail value of the merchandise, as defined in subsection (b) hereof, the difference between the merchant's stated price of the merchandise and the altered price.
(WVaC 61-3A-6)
(b) Shoplifting Defined.
(1) A person commits the offense of shoplifting if, with intent to appropriate merchandise without paying the merchant's stated price for the merchandise, such person, alone or in concert with another person, knowingly:
A. Conceals the merchandise upon his or her person or in another manner; or
B. Removes or causes the removal of merchandise from the mercantile establishment or beyond the last station for payment; or
C. Alters, transfers or removes any price marking affixed to the merchandise; or
D. Transfers the merchandise from one container to another; or
E. Causes cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise; or
F. Removes a shopping cart from the premises of the mercantile establishment.
G. Repudiates a card-not-present credit or debit transaction after having taken delivery of merchandise ordered from the merchant and does not return the merchandise or attempt to make other arrangements with the vendor.
(2) A person also commits the offense of shoplifting if such person, alone or in concert with another person, knowingly and with intent obtains an exchange or refund or attempts to obtain an exchange or refund for merchandise which has not been purchased from the mercantile establishment.
(WVaC 61-3A-1)
(c) Breach of Peace; Detention. An act of shoplifting as defined herein, is hereby declared to constitute a breach of peace and any owner of merchandise, his agent or employee, or any law enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes, for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting. Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained.
(WVaC 61-3A-4)
(d) Evidence.
(1) Evidence of stated price or ownership of merchandise may include, but is not limited to:
A. The actual merchandise alleged to have been shoplifted; or
B. The unaltered content of the price tag or marking from such merchandise; or
C. Properly identified photographs of such merchandise.
(2) Any merchant may testify at a trial as to the stated price or ownership of merchandise, as well as to other matters pertaining to the case.
(WvaC 61-3A-2)
(e) Civil Liability.
(1) General rule. Any person who commits any of the acts described in this section shall be civilly liable:
A. To restore the merchandise to the mercantile establishment; and
B. If such merchandise is not recoverable or is damaged, for actual damages, including the value of the merchandise involved in the shoplifting; and
C. For other actual damages arising from the incident, not including the loss of time or loss of wages incurred by the mercantile establishment or any merchant in connection with the apprehension and processing of the suspect; and
D. In all cases, for a penalty to be paid to the mercantile establishment in the amount of fifty dollars ($50.00) or double the value of the merchandise whichever is higher.
(2) Costs and attorneys' fees. A merchant who is a prevailing party under this section is entitled to costs.
(3) Effect of conviction. A conviction for the offense of theft by shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section. However, a merchant who has recovered the penalty prescribed by subsection (f) hereof is not entitled to recover the penalty imposed by this section.
(4) Right to demand payment. The fact that a mercantile establishment may bring an action against an individual as provided in this section does not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages or a penalty under this section remit such damages or penalty prior to the commencement of any legal action.
(WvaC 61-3A-5)
(f) Penalty. A person convicted of shoplifting 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 five hundred dollars ($500.00) the defendant shall be fined not more than two hundred fifty dollars ($250.00).
B. When the value of the merchandise exceeds five hundred dollars ($500.00), the defendant shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and such fine shall not be suspended; or the defendant shall be confined in jail not more than thirty 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 five hundred dollars ($500.00) the defendant shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) and such fine shall not be suspended; or the defendant shall be confined in jail not more than thirty days, or both.
B. When the value of the merchandise exceeds five hundred dollars ($500.00), the defendant shall be fined not less than five hundred dollars ($500.00) and shall be confined in jail not more than thirty 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 fifty dollars ($50.00), 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.
(WVaC 61-3A-3)
(a) Definitions. As used in this section:
(1) "Structure" means any building of any kind either temporary or permanent, which has a roof over it, together with the curtilage thereof.
(2) "Conveyance" means any motor vehicle, vessel, railroad car, railroad engine, trailer, aircraft or sleeping car, and "to enter a conveyance" includes taking apart any portion of the conveyance.
(3) An act is committed "in the course of committing" if it occurs in an attempt to commit the offense or in flight after the attempt or commission.
(4) "Posted land" is land that has:
A. Signs placed not more than five hundred feet apart, along and at each corner of the boundaries of the land. The signs shall be reasonably maintained, with letters of not less than two inches in height, and the words “no trespassing”. The signs shall be placed along the boundary line and at all roads, driveways and gates of entry onto the posted land so as to be clearly noticeable from outside of the boundary line; or
B. Boundaries marked with a clearly visible purple painted marking, consisting of one vertical line no less than eight inches in length and two inches in width, and the bottom of the mark not less than three nor more than six feet from the ground or normal water surface. Such marks shall be affixed to immovable, permanent objects that are no more than one hundred feet apart and readily visible to any person approaching the property. Signs shall also be posted at all roads, driveways or gates of entry onto the posted land so as to be clearly noticeable from outside the boundary line.
C. It is not necessary to give notice by posting on any enclosed land or place not exceeding five acres in area on which there is a dwelling house or property that by its nature and use is obviously private in order to obtain the benefits of this article pertaining to trespass on enclosed lands.
(5) "Cultivated land" means that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture or trees or is fallow land as part of a crop rotation.
(6) "Fenced land" means that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire or other material, which stands at least three feet in height. For the purpose of this section it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water and is posted with signs pursuant to the provisions of this section.
(7) Where lands are posted, cultivated or fenced as described herein, then such lands, for the purpose of this section, shall be considered as enclosed and posted.
(8) "Trespass" means the willful unauthorized entry upon, in or under the property of another, but shall not include the following:
A. Entry by the State, its political subdivisions or by the officers, agencies or instrumentalities thereof as authorized and provided by law.
B. The exercise of rights in, under or upon property by virtue of rights of way or easements by a public utility or other person owning such right of way or easement whether by written or prescriptive right.
C. Permissive entry, whether written or oral, and entry from a public road by the established private ways to reach a residence for the purpose of seeking permission shall not be trespass unless signs are posted prohibiting such entry.
D. Entry performed in the exercise of a property right under ownership of an interest in, under or upon such property.
E. Entry where no physical damage is done to property in the performance of surveying to ascertain property boundaries, and in the performance of necessary work of construction, maintenance and repair of a common property line fence, or buildings or appurtenances which are immediately adjacent to the property line and maintenance of which necessitates entry upon the adjoining owner's property. (WVaC 61-3B-1)
(b) 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, shall be fined not more than one hundred dollars ($100.00). 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 West Virginia Code 61-7-1, be subject to the penalty provided in Section 501.99(a). (WVaC 61-3B-2)
(c) Trespass on Property Other than Structure or Conveyance.
(1) 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, shall be fined as follows:
A. First Offense Conviction. Upon a first trespassing conviction pursuant to subsection (a) of this section, the person shall be fined not less than $100.00 nor more than $500.00.
B. Second Offense Conviction. Upon a second trespassing conviction pursuant to subsection (a) of this section, the person shall be fined not less than $500.00 nor more than $1,000.
C. Third Offense Conviction. Upon a third and subsequent trespassing conviction pursuant to subsection (a) of this section, the person shall be fined not less than $1,000 nor more than $1,500.
(2) If the offender defies an order to leave, personally communicated to him 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, he shall be subject to the penalty provided in Section 501.99(a).
(3) 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 commission of the offense of trespass on property other than a structure or conveyance, such offender shall, notwithstanding the provisions of West Virginia Code 61-7-1, be imprisoned not more than thirty days, or fined not more than one hundred dollars ($100.00), or both.
(4) 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 shall be liable to the property owner in the amount of twice the amount of such damage, provided, that the provisions of this section shall not apply in a labor dispute. (WVaC 61-3B-3)
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