West Virginia Code 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
(a) As used in this section, catalytic converter means a motor vehicle exhaust emission control that reduces toxic gases and pollutants from an internal combustion engine.
Terms Used In West Virginia Code 61-3-49c
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- 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
(b) Any person in possession of a catalytic converter which had previously been installed on a motor vehicle, or parts thereof, shall have in his or her possession written documentation of ownership or authorization to possess the catalytic converter. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.
(1) Each catalytic converter possessed in violation of this subsection shall constitute a separate offense.
(2) Any catalytic converter possessed in violation of this subsection is subject to seizure at the time of arrest.
(3) A person possessing a single catalytic converter in violation of this subsection shall for the offense be charged by citation and not subject to arrest for that offense.
(4) Notwithstanding the provisions of this subsection, presentation to the court in which charges alleging a violation of said subsection are pending sufficient evidence to show lawful ownership or authority to possess constitutes an absolute defense to the charge or charges.
(c) Any person placing an advertisement on an Internet-based platform, including, but not limited to, Facebook or Twitter, soliciting the sale or purchase of a catalytic converter in this state must have completed the requirements to be a scrap metal recycler in §61-3-49(b) of this code, including any other business requirements. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.
(1) Each catalytic converter possessed in violation of this subsection shall constitute a separate offense.
(2) Any catalytic converter possessed in violation of this subsection is subject to seizure at the time of arrest.
(3) Notwithstanding the provisions of this subsection, presentation to the court in which charges alleging a violation of said subsection are pending sufficient evidence to show lawful ownership or authority to possess constitutes an absolute defense to the charge or charges.