West Virginia Code 61-2-14g – Unlawful restraint; penalties
(a) Any person who, without legal authority intentionally restrains another with the intent that the other person not be allowed to leave the place of restraint and who does so by physical force or by overt or implied threat of violence or by actual physical restraint but without the intent to obtain any other concession or advantage as those terms are used in section fourteen-a of this article is guilty of a misdemeanor and, upon conviction shall be confined in jail for not more than one year, fined not more than $1,000, or both.
Terms Used In West Virginia Code 61-2-14g
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
(b) In any prosecution under this section, it is an affirmative defense that:
(1) The defendant acted reasonably and in good faith to protect the person from imminent physical danger; or
(2) The person restrained was a child less than eighteen years old and that the actor was a parent or legal guardian, or a person acting under authority granted by a parent or legal guardian of such child, or by a teacher or other school personnel acting under authority granted by section one, article five, chapter eighteen-a of this code, and that his or her sole purpose was to assume control of such child.
(c) As used in this section to "restrain" means to restrict a persons movement without his or her consent.
(d) This section shall not apply to acts done by a law-enforcement officer in the lawful exercise of his or her duties.