It is unlawful for any person, without express, prior, written permission of the owner, to willfully or knowingly:

Terms Used In West Virginia Code 20-7A-2

  • cave: includes or is synonymous with cavern, pit, pothole, well, sinkhole and grotto. See West Virginia Code 20-7A-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Gate: means any structure or device located to limit or prohibit access or entry to any cave. See West Virginia Code 20-7A-1
  • Owner: means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land. See West Virginia Code 20-7A-1
  • Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2

(a) Break, break off, crack, carve upon, write, burn or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material therein, including speleothems;

(b) Disturb or alter in any manner the natural condition of any cave;

(c) Break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.

Any person violating a provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $150 nor more than $500, and in addition thereto, may be imprisoned in the county jail for not less than ten days nor more than six months.