61-3-1 Burning, etc., of a dwelling or outbuilding; first degree arson; penalty; definitions
61-3-2 Burning, etc., of other buildings or structures; second degree arson; penalty
61-3-3 Burning personal property of another of the value of five hundred dollars or more; third degree arson; penalty
61-3-4 Attempt to commit arson; fourth degree arson; penalty
61-3-5 Burning, or attempting to burn, insured property; penalty
61-3-6 Willfully, unlawfully and maliciously setting fire on lands; penalty
61-3-7 Causing injuries during an arson-related crime; penalties
61-3-8 Recovery of costs incurred in fighting fires caused by arson
61-3-11 Burglary; entry of dwelling or outhouse; penalties
61-3-12 Entry of building other than dwelling; entry of railroad, traction or motorcar, steamboat, or other vessel; penalties; counts in indictment
61-3-13 Grand and petit larceny distinguished; penalties
61-3-14 Larceny of bank notes, checks, writings of value and book accounts; penalty
61-3-15 How value of notes, book accounts and other writings determined
61-3-16 Larceny of things savoring of realty
61-3-18 Receiving or transferring stolen goods
61-3-19 Bringing into this state, receiving or disposing of property stolen in another state; penalty
61-3-20 Embezzlement
61-3-20a Embezzlement by misuse of power of attorney or other fiduciary relationship; penalty
61-3-21 Embezzlement by carrier or other person
61-3-22 Falsifying accounts; penalty
61-3-22a Possession or use of automated sales suppression devices; penalty
61-3-23 Destroying or concealing will; embezzlement by fiduciary; penalty
61-3-24 Obtaining money, property and services by false pretenses; disposing of property to defraud creditors; penalties
61-3-24a Attempted or fraudulent use, forgery, traffic of credit cards; possession and transfer of credit cards and credit card making equipment; false or fraudulent use of telephonic services; penalties
61-3-24b Making, selling, possessing, transferring or advertising for sale a device or plans for a device designed to obtain or use telephone or telegraph service or facilities by false or fraudulent means; penalty
61-3-24c Intercepting or monitoring customer telephone calls; penalty
61-3-24d Fraudulent schemes; cumulation of amounts where common scheme exists; penalties
61-3-24e Omission to subscribe for workers’ compensation insurance; failure to file a premium tax report or pay premium taxes; false testimony or statements; failure to file reports; penalties; asset forfeiture; venue
61-3-24f Wrongfully seeking workers’ compensation; false testimony or statements; penalties; venue
61-3-24g Workers’ compensation health care offenses; fraud; theft or embezzlement; false statements; penalties; notice; prohibition against providing future services; penalties; asset forfeiture; venue
61-3-24h Providing false documentation to workers’ compensation, to the Insurance Commissioner or a private carrier of workers’ compensation insurance; altering documents or certificates from workers’ compensation; penalties; venue
61-3-25 Casting away, destroying or interfering with floating craft or material; penalty
61-3-26 Interference with or destruction of buoys, signal lights or other aids to navigation; penalty
61-3-27 Malicious killing of animals by poison or otherwise; penalty
61-3-28 Offenses against railroad property and persons on railroad property; definitions
61-3-29 Damage or destruction of railroad or public utility company property, or real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommun
61-3-30 Removal, injury to or destruction of property, monuments designating land boundaries and of certain no trespassing signs; penalties
61-3-31 Damage to or destruction of property by bailee for hire or loan; penalty; damages recoverable in civil action
61-3-32 Removal out of county of property securing claim; penalties; fraudulent disposition of personal property in possession by virtue of lease; notice to return; failure to return; penalty; right to immediate possession
61-3-33 Entry upon inclosed lands; penalty; liability for damages
61-3-34 Taking or injuring garden or field crops; penalties
61-3-35 Digging cultivated ginseng; penalty
61-3-36 Anchoring or beaching shanty boats on lands of another; penalties
61-3-37 False statement as to financial condition of person, firm or corporation; penalty
61-3-38 Publication of false advertisements; penalty
61-3-39 Obtaining property in return for worthless check; penalty
61-3-39a Making, issuing, etc., worthless checks on a preexisting debt; penalty
61-3-39b Payment as defense
61-3-39c Reason for dishonor; duty of drawee
61-3-39d Prima facie evidence of knowledge; identity; penalty for providing false information
61-3-39e Notice of dishonor by payee; service charge
61-3-39f Manner of filing complaint for warrant; form
61-3-39g Complaint; notice of complaint; issuance of warrant; payment procedures; costs
61-3-39h Payment of costs in worthless check cases; disposition of certain costs
61-3-39i Preparation of list of worthless check warrants
61-3-39j Use of worthless check list upon receipt of complaint for warrant
61-3-39k Duties of prosecuting attorney upon receipt of notice of multiple worthless check warrants; magistrate court clerk to advise complainant
61-3-39m Creation and operation of a program for worthless check offenders; acceptance of person in program
61-3-39n Notice to persons accepted to the worthless check restitution program
61-3-39o Agreement to suspend prosecution of a person accepted into the restitution program
61-3-39p Fees for participation in the worthless check restitution program
61-3-39q Statements by individuals referred to or participating in the worthless check restitution program
61-3-40 Fraudulently obtaining food or lodging; penalty
61-3-41 Employees conservators of the peace; special railroad policemen; penalties
61-3-42 Intoxication of person in charge of locomotive engine or car; penalties
61-3-43 Jumping on or off car or train in motion; driving vehicle upon track or bridge except at crossings; penalty
61-3-44 Procuring gas, water or electricity, by device, with intent to defraud; penalty
61-3-45 Tampering with pipes, tubes, wires or electrical conductors; penalty
61-3-45a Unlawful opening of pipes, pipelines, tanks, etc.; penalties
61-3-46 Use of slugs, false coins, etc., in coin-box telephone; penalty
61-3-47 Dams or obstructions in watercourses; penalty
61-3-48 Offenses involving damage to shrubbery, flowers, trees and timber; limitation of section; penalties
61-3-48a Cutting, damaging or carrying away without written permission, timber, trees, growing plants or the products thereof; treble damages provided
61-3-49 Purchase of scrap metal by scrap metal purchasing businesses, salvage yards, or recycling facilities; certificates, records, and reports of such purchases; criminal penalties
61-3-49a Unlawful sale of used, secondhand, rebuilt, repossessed, etc., watches and clocks; penalty; revocation of license to sell
61-3-49b Disruption of communications and utilities services
61-3-50 Unauthorized transferral of recorded sounds; sale and possession; penalties; civil action; definition
61-3-51 Precious metals and gem dealers; records; prohibited acts
61-3-52 Wrongful injuries to timber; criminal penalties
61-3-53 Unauthorized use of dumpsters
61-3-54 Taking identity of another person; penalty
61-3-55 Failure to pay for gasoline
61-3-56 Scanning device or reencoder fraud; felony; definitions; and penalties
61-3-57 Possession of bogus receipts or universal product codes with intent to defraud; penalties
61-3-58 Unlawful operation of a recording device
61-3-59 Misrepresentation of past or present military status or military awards to obtain anything of value; penalties
61-3-49c Possession of a catalytic converter without documentation of ownership or authority to possess; advertising the sale or purchase of a catalytic converter
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Terms Used In West Virginia Code > Chapter 61 > Article 3 - Crimes Against Property

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Electronic cash register: means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling or processing retail sales transaction data in whatever manner. See West Virginia Code 61-3-22a
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
  • Phantom-ware: means a hidden, preinstalled or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register. See West Virginia Code 61-3-22a
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transaction data: includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address and identification number of the vendor and the receipt or invoice number of the transaction. See West Virginia Code 61-3-22a
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • whoever: includes corporations, societies, associations and partnerships, and other similar legal business organizations. See West Virginia Code 2-2-10
  • zapper: means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports. See West Virginia Code 61-3-22a