West Virginia Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

West Virginia does not sort felonies into numbered classes or degrees in its general provisions. Offenses are either felonies or misdemeanors: offenses punishable by confinement in the penitentiary are felonies, and all other offenses are misdemeanors. The prison term and fine for each felony are set in the statute defining that crime (for example, grand larceny: 1 to 10 years, or in the court's discretion up to 1 year in jail, and a fine of up to $2,500).

No general misdemeanor classes. Any offense not punishable by confinement in the penitentiary is a misdemeanor, and the jail term and fine are set in the statute defining each offense (for example, petit larceny: up to 1 year in jail, a fine of up to $2,500, or both; simple possession of a controlled substance: 90 days to six months in jail, a fine of up to $1,000, or both).

$1,000. Simple larceny of goods or chattels of the value of $1,000 or more is grand larceny, a felony punishable by 1 to 10 years in the penitentiary, or in the discretion of the court confinement in jail for not more than 1 year, and a fine of not more than $2,500. Simple larceny of less than $1,000 is petit larceny, a misdemeanor punishable by up to 1 year in jail, a fine of up to $2,500, or both.

Stand your ground. A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker; deadly force may be used without a duty to retreat only if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker. The section does not authorize resisting or obstructing a law enforcement officer acting in the performance of duties.

A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry, if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home, or reasonably believes the intruder intends to commit a felony in the home and deadly force is necessary. The lawful occupant has no duty to retreat. Justified use of force is a full and complete defense to any civil action brought by the intruder or attacker, except against a person who was attempting, committing or escaping from a felony, who initially provoked the use of force intending to use it as an excuse to injure the assailant, or who otherwise provoked force and did not withdraw and clearly indicate a desire to end the confrontation. The section does not cover setting hazardous conditions (booby traps) on property.

Felonies: West Virginia has no generally applicable statute of limitation for the prosecution of a felony ('West Virginia has no statute of limitations affecting felony prosecutions,' State v. Carrico, 189 W.Va. 40, 43 (1993)), subject to some statutory exceptions, such as perjury, which must be prosecuted within three years next after the perjury was committed. Misdemeanors: prosecution must be commenced within one year after the offense was committed (with a proviso for lost or destroyed indictments).

A person charged with an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate; for an offense punishable by life imprisonment, bail is in the discretion of the court that will try the offense. A judicial officer shall release a person charged with a misdemeanor on his or her own recognizance except for good cause shown, but this presumption does not apply to misdemeanors involving violence or threats, a minor victim, a deadly weapon, controlled substances, sexual abuse, specified DUI-related offenses, or auto tampering, petit larceny or stolen property over $250. Otherwise the person is entitled to bail on the least restrictive conditions needed to assure appearance and public safety (such as supervision, home incarceration or electronic monitoring, no-contact orders, a cash bond or a bail bond with sureties). Factors include ability to pay, the nature and number of offenses, potential penalty, violence, prior record, character, health, residence, reputation, strength of the evidence, pending release status and past bail forfeitures. Cash bail for misdemeanors may not exceed three times the maximum fine. A person held on a misdemeanor because he or she cannot meet a secured bond must get a hearing within five days of the initial bail setting. The bail amount or a denial of bail may be challenged by summary petition to a higher court.

An applicant completes the financial affidavit prescribed by Public Defender Services, which serves as the application for publicly funded representation. Eligibility is determined (by the trial court administrator's office, a designated public defender office employee, or a circuit judge) under financial eligibility guidelines set by the agency, considering factors such as income prospects, liquid assets, fixed debts, family members' age or infirmity, efforts to obtain private counsel, the cost of private counsel and bail arrangements. Representation may not be denied unless the person can obtain counsel without undue financial hardship. After an adverse judgment, the court may order repayment of appointed counsel's compensation and expenses only if the person can pay without undue hardship.

16. A person is deemed incapable of consent when he or she is less than sixteen years old. Sexual assault in the third degree: a person sixteen years old or more who engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant (felony, 2 to 10 years and a fine of up to $20,000).

A crime; adult-use marijuana is not legalized. Possession of a controlled substance without authorization is a misdemeanor punishable by 90 days to six months in jail, a fine of up to $1,000, or both; a first offense involving less than 15 grams of marijuana shall be disposed of under the conditional discharge section (deferral and probation for a person with no prior drug conviction; dismissal on completion is not a conviction, and expungement is available after six months). Medical cannabis is lawful under the Medical Cannabis Act for certified patients and caregivers holding a valid identification card, in forms such as pills, oils, topicals, vaporization/nebulization forms, tinctures, liquids and dermal patches (dry leaf or plant form only if bureau rules permit).

Simple assault (trying to hurt someone, or making them reasonably fear they are about to be hurt) is a misdemeanor punishable by up to 6 months in jail, a fine of up to $100, or both. West Virginia has no offense called 'aggravated assault'; the serious version is malicious wounding: maliciously shooting, stabbing, cutting or wounding someone, or causing bodily injury with intent to maim, disfigure, disable or kill, is a felony punishable by 2 to 10 years in prison. Doing the same unlawfully but not maliciously (unlawful wounding) is a felony punishable by 1 to 5 years, or up to 12 months in jail and a fine of up to $500.

West Virginia has a separate battery offense: unlawfully and intentionally making physical contact of an insulting or provoking nature, or intentionally causing physical harm. It is a misdemeanor punishable by up to 12 months in jail, a fine of up to $500, or both. A repeat assault or battery against a spouse, partner, co-parent, cohabitant or certain relatives within 10 years of a qualifying prior conviction is punished under the domestic violence penalties of § 61-2-28.

Hitting or threatening a family or household member is charged as separate offenses: domestic battery (misdemeanor, up to 12 months in jail, a fine of up to $2,000, or both) and domestic assault (misdemeanor, up to 6 months in jail, a fine of up to $500, or both). A second offense raises the penalty (domestic battery: 60 days to 1 year in jail, a fine of up to $4,000, or both; domestic assault: 30 days to 6 months, a fine of up to $1,000, or both). A third or later offense is a felony punishable by 2 to 10 years in prison, a fine of up to $5,000, or both, if it occurs within 20 years of a prior qualifying offense. Strangulation is a separate felony; against a family or household member it carries 2 to 10 years in prison.

Shoplifting is charged under its own statute. A first offense is a misdemeanor: if the goods are worth $500 or less, a fine of up to $250; if over $500, a fine of $100 to $500 (which may not be suspended), up to 60 days in jail, or both. A second offense is a misdemeanor with higher penalties (up to 6 months in jail for $500 or less; 6 months to 1 year plus a fine of at least $500 for over $500). A third or later shoplifting offense is a felony regardless of value, punishable by 1 to 10 years in prison and a fine of $500 to $5,000. A merchant or officer who reasonably believes someone shoplifted may detain the person for investigation for up to 30 minutes.

Burglary (breaking into, or entering without breaking, a home or adjoining outbuilding to commit a crime) is a felony punishable by 1 to 15 years in prison. Breaking into or entering a building other than a dwelling with intent to commit a felony or larceny is a felony punishable by 1 to 10 years. Robbery (taking property by force or threat) is graded by degree: first-degree robbery, involving physical violence (such as choking or beating) or the threat of deadly force by showing a gun or other deadly weapon, carries at least 10 years in prison with no stated maximum; second-degree robbery, putting the victim in fear of bodily injury by other means or using a disabling chemical or shock device, carries 5 to 18 years. Attempts are covered by the same subsections.

Vandalism is called destruction of property in West Virginia. Unlawfully but not feloniously damaging someone else's property is a misdemeanor punishable by a fine of up to $500, up to 1 year in jail, or both. Intentionally destroying, injuring or defacing property causing a loss in value of $2,500 or more is felony destruction of property, punishable by a fine of up to $2,500 and 1 to 10 years in prison (or, at the court's discretion, up to 1 year in jail), or both. Damaging boundary markers or no-trespassing signs is a separate misdemeanor (fine of $20 to $200 and 1 to 6 months in jail).

Trespassing in a building or vehicle (knowingly entering without permission and refusing to leave when asked) is a misdemeanor with a fine of up to $100; being armed with a firearm or dangerous weapon with intent to cause injury raises it to a fine of $100 to $1,000, up to 1 year in jail, or both. Entering a building posted as condemned is a misdemeanor (fine up to $100, up to 6 months in jail, or both). Trespassing on land after notice (told in person, or by posting, fencing or cultivation) is a misdemeanor with fines that rise by offense: $100 to $500 (first), $500 to $1,000 (second), $1,000 to $1,500 (third or later). Defying a personal order to leave, letting out animals, or causing damage is punishable by a fine of $100 to $500, up to 6 months in jail, or both.

Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both. A person with no prior drug conviction may receive a conditional discharge: the court defers the case and imposes probation, and on successful completion dismisses it without a conviction; it can be used only once, and records may be expunged at least 6 months after probation ends. The former drug paraphernalia business section (§ 60A-4-403a) is shown as repealed on the official code site.

Leaving the scene of a crash (hit and run) is graded by harm. Property damage only: a misdemeanor under the general traffic penalty (first conviction, a fine of up to $100 or up to 10 days in jail). Injury: a misdemeanor punishable by a fine of up to $1,000, up to 1 year in jail, or both. Serious bodily injury: a felony punishable by a fine of up to $2,500, 1 to 3 years in prison, or both. Death (within one year of the crash): a felony punishable by a fine of up to $5,000, 1 to 5 years in prison, or both. Any conviction under § 17C-4-1 also brings a one-year license revocation.

Reckless driving is driving on a street, highway, parking area or certain public property in willful or wanton disregard for the safety of persons or property. It is a misdemeanor: a first conviction carries 5 to 90 days in jail, a fine of $25 to $500, or both; a second or later conviction carries 10 days to 6 months in jail, a fine of $50 to $1,000, or both. Reckless driving that causes serious bodily injury carries 30 days to 1 year in jail, a fine of $50 to $1,000, or both.

Stalking (a course of conduct of two or more acts, which can include nonconsensual contact through electronic communication) and harassment or repeated credible threats are misdemeanors punishable by up to 6 months in jail, a fine of up to $1,000, or both. Doing so in violation of a qualifying court order raises the penalty to 90 days to 1 year in jail, a fine of $2,000 to $5,000, or both. It becomes a felony on a second or later conviction, or when it violates certain protective orders (1 to 5 years in prison, a fine of $3,000 to $10,000, or both), and harassing or stalking someone to cause self-harm or suicide is a felony with 2 to 10 years.

Obstructing or resisting a police officer is a misdemeanor punishable by a fine of $50 to $500, up to 1 year in jail, or both; disarming an officer is a felony (1 to 5 years). Running from an officer on foot is a misdemeanor with penalties that rise with each offense. Fleeing police in a vehicle after a clear signal to stop is a misdemeanor on a first offense (fine of $500 to $1,000 and up to 1 year in jail) and a felony on a second offense. Fleeing in a vehicle is a felony from the first offense if done with reckless indifference (1 to 5 years), causing bodily injury (3 to 10 years), causing death (5 to 15 years), or while impaired (3 to 10 years).

Missing a court date after being released on bail or personal recognizance is a crime in West Virginia when the failure is willful and without just cause. If the person was released on a felony charge or conviction, failure to appear is a felony punishable by a fine of not more than $5,000, imprisonment of not less than one nor more than five years, or both. If the underlying charge was a misdemeanor, it is a misdemeanor punishable by a fine of not more than $1,000, up to one year in county jail, or both; these penalties are in addition to any forfeiture of bail. The court may issue a capias or bench warrant if the defendant received effective notice (written notice sent at least 10 days before the hearing); absent good cause, a capias may not issue until 24 hours after the missed appearance, and a defendant who voluntarily appears within those 24 hours is not subject to prosecution under this section.

If there is reasonable cause to believe a probationer violated a condition of probation, a probation officer may arrest the person with or without a warrant, or the sentencing court may order the arrest, and the probationer must be brought before the court for a prompt and summary hearing. The judge decides. If the court finds reasonable cause to believe the probationer absconded, committed new criminal conduct (other than a minor traffic violation or simple possession of a controlled substance), or violated a special condition designed to protect the public or a victim, the court may revoke probation and order the original sentence carried out. For other violations, the court imposes up to 60 days of confinement for a first violation and up to 120 days for a second, and may revoke probation on a third. The court may instead release the probationer again if the interests of justice do not require confinement, unless the violation was a felony.

Obstructing an officer, meaning forcibly or illegally hindering or obstructing (or attempting to hinder or obstruct) a law-enforcement officer acting in an official capacity, is a misdemeanor punishable by a fine of not less than $50 nor more than $500, up to one year in jail, or both. Knowingly making a materially false statement to an officer to impede an investigation is a misdemeanor (fine of $25 to $200, five days in jail, or both), and disarming or attempting to disarm an officer is a felony (one to five years). Witness tampering, called intimidation of and retaliation against witnesses and jurors, covers using or threatening force, intimidation, harassment or fraudulent legal process to influence, delay or prevent testimony, or causing or threatening injury to retaliate for testimony or jury service; it is a felony punishable by one to 10 years in a state correctional facility, a fine of not more than $2,000, or both.

Perjury is willfully testifying falsely about a material matter while under a lawfully administered oath or affirmation in a felony trial or before a grand jury considering a felony indictment. It is a felony punishable by not less than one nor more than ten years in the penitentiary; getting someone else to commit perjury (subornation) carries the same penalty. False swearing, a lesser offense, is willfully swearing falsely under oath in other settings (or about a non-material matter in a felony trial); it is a misdemeanor punishable by a fine of not more than $1,000 and, in the court's discretion, up to one year in jail. A person convicted of either offense is barred from holding public office and from serving as a juror.

Being drunk in public is a crime in West Virginia: appearing in a public place in an intoxicated condition is a misdemeanor, and so is drinking alcoholic liquor in a public place. A first public-intoxication offense is punished by a fine of $5 to $100, and before conviction the person may agree to attend an alcohol education program of up to six hours, after which the judge may dismiss the charge. A second offense adds either up to 60 days in jail or at least five hours of alcoholism counseling, and a third or later offense adds 5 to 60 days in jail or at least five hours of counseling. Drinking in public is a $5 to $100 fine for a first conviction; later convictions can add up to 60 days in jail.

Disorderly conduct covers disturbing the peace of others in a public place (including public parking areas, state office buildings, mobile home parks and the common areas of apartment buildings, dormitories and commercial centers) by violent, profane, indecent or boisterous conduct or language, or by making unreasonably loud noise meant to annoy or alarm another person, and continuing after a law-enforcement officer asks the person to stop. It is a misdemeanor punishable by 24 hours in jail, a fine of not more than $100, or both. The statute says it is not meant to discourage lawful, orderly public demonstrations.

Indecent exposure is intentionally exposing one's own (or another person's) sex organs or anus knowing the conduct is likely to cause affront or alarm; breastfeeding is excluded. It is a misdemeanor punishable by up to ninety days in jail, a fine of not more than $250, or both. Exposure done for sexual gratification is a misdemeanor with a fine of up to $500, up to twelve months in jail, or both; a second such offense brings a fine of up to $1,000 and 30 days to twelve months in jail. A third or later offense is a felony punishable by a fine of up to $3,000 and one to five years in a state correctional facility.

Prostitution is illegal everywhere in West Virginia. Engaging in prostitution, lewdness or assignation, or soliciting, inducing, enticing or procuring another person to commit an act of prostitution (which covers buyers), is a misdemeanor: a first offense carries 60 days to six months in county jail and a fine of $50 to $100, and a second offense six months to one year in jail and a fine of $100 to $250. A third or later offense is punished by one to three years in a state correctional facility, but the statute says the repeat-offense penalties apply only to the pimp, panderer, solicitor, operator or anyone benefiting financially from a prostitute's earnings. Offering or securing another person for prostitution is punished by six months to one year in jail and a $100 to $250 fine for a first offense, and one to five years for a later offense. A minor who is a victim of human trafficking is not held criminally liable for prostitution.

Legal gambling in West Virginia is run through the state lottery system: the West Virginia Lottery, racetrack video lottery, racetrack table games, sports wagering and online (interactive) wagering are lawful only when conducted under their articles and the Lottery Commission's rules. Table games are limited to racetracks that hold racetrack video lottery and horse or dog racing licenses, and sports wagering and interactive (online) wagering are limited to the four licensed racetracks and the licensed historic resort hotel. Betting money or anything of value on a game of chance outside these licensed forms is a misdemeanor with a fine of $5 to $300; keeping or exhibiting a gaming table or device (such as a slot machine or keno table) is a misdemeanor punishable by two to twelve months in jail and a fine of $100 to $1,000.

Embezzlement covers an officer, agent, clerk or employee of the state, a county or city, a school district, a bank or other corporation, or a business who takes or fraudulently converts money or property that came into his or her control through that job. The statute does not set its own penalty for most cases: the person is deemed guilty of larceny of the property, so the grade follows the general theft statute by value (grand larceny, a felony, at $1,000 or more; petit larceny, a misdemeanor, below $1,000). Embezzlement by an officer, agent or employee of a banking institution is a felony punishable by not less than ten years in the penitentiary, and a public officer who uses public money for personal benefit is guilty of larceny of it.

Identity theft, called taking the identity of another person, is knowingly using another person's name, birth date, Social Security number or other identifying information without consent to fraudulently pose as that person to get credit, goods or services or employment. It is a felony punishable by up to five years in the penitentiary, a fine of up to $1,000, or both. Credit card fraud, meaning knowingly using a false, counterfeit, revoked or someone else's card to get credit, goods or services, is a felony when the value is $1,000 or more (one to ten years, or in the court's discretion up to one year in jail and a fine of up to $2,500) and a misdemeanor below that (up to one year in jail, a fine of up to $2,500, or both). Making or altering a credit card with intent to defraud is a felony, and knowingly possessing a counterfeit card is a misdemeanor.

Forging a writing to the prejudice of another's right, or uttering (passing or trying to use) a forged writing knowing it is forged, is a felony punishable by one to ten years in the penitentiary or, in the court's discretion, up to one year in jail and a fine of up to $500 (forgery of public records and of certain official seals and currency is covered by separate sections). Bad checks: getting money, goods or services with a check while knowing there are not enough funds is a misdemeanor if under $500 (a fine of up to $200, up to six months in jail, or both) and a felony at $500 or more (a fine of up to $500, one to ten years in the penitentiary, or both). Writing a bad check on a preexisting debt is a misdemeanor with a fine of up to $200, and for a third or later offense up to ten days in jail may be added.

Blackmail is called extortion by threats in West Virginia: threatening, directly, indirectly or by innuendo, injury to another person's character, person or property (or to a spouse, child or household member), or accusing the person of a crime, in order to obtain something of value or force the person to do something against his or her will. If the threat succeeds, it is a felony punishable by one to 10 years in a state correctional facility. An unsuccessful attempt is also a felony, punishable by one to three years, a fine of $1,000 to $5,000, or both.

First-degree murder is a killing by poison, lying in wait, imprisonment or starving, any willful, deliberate and premeditated killing, or a killing during (or an attempt at) arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony manufacture or delivery of a controlled substance (felony murder). All other murder is second-degree murder. First-degree murder is punished by life in the penitentiary without parole eligibility, unless the jury recommends mercy (or, on a guilty plea, the court so provides), in which case the person becomes eligible for parole under the general parole law. Second-degree murder carries a definite term of 15 to 60 years, with no parole before 15 years served (or the general parole minimum, if greater). These sections set no third-degree murder and no death penalty.

Voluntary manslaughter is a felony with a definite term of 5 to 25 years in the penitentiary (no parole before 5 years served). Involuntary manslaughter is a misdemeanor: up to 1 year in jail, a fine of up to $1,000, or both. Killing someone by driving in reckless disregard for others' safety is vehicular homicide, a misdemeanor (up to 1 year in jail and/or a $1,000-$10,000 fine); in a school zone or construction zone it is a felony (2-10 years and/or $2,500-$5,000). Aggravated vehicular homicide (deliberate disregard for safety) is 1-5 years and/or up to $20,000. Causing a death while driving impaired (DUI causing death) is a felony of 3-15 years plus a $1,000-$3,000 fine, or 5-30 years plus a $2,000-$10,000 fine and lifetime license revocation if the impaired driver also acted with deliberate disregard for others' safety ("Baylea's Law," 2026).

Child neglect by a parent, guardian, custodian or person in a position of trust that creates a substantial risk of bodily injury is a misdemeanor for a first offense ($100-$1,000 fine and/or up to 6 months in jail); a repeat offense is a felony (1-5 years). It is a felony if the neglect causes bodily injury (2-10 years, or up to 1 year in jail at the court's discretion), creates a substantial risk of death or serious bodily injury (1-10 years), or causes serious bodily injury (5-15 years). Neglect causing a child's death is a felony of 10-40 years and/or a $2,000-$10,000 fine. Neglect due primarily to lack of money is excluded, and child abuse carries parallel grades. Separately, an adult (18+) who knowingly contributes to or encourages a child's delinquency commits a misdemeanor ($50-$500 fine and/or up to 1 year).

First-degree arson is willfully and maliciously burning (or causing someone to burn) any dwelling, occupied or vacant, or an outbuilding such as a garage, shed or barn, even one's own: a felony with a definite term of 2 to 20 years. Second-degree arson covers any other building or structure: 1 to 10 years. Third-degree arson is burning another person's personal property worth $500 or more: 1 to 3 years. Fourth-degree arson is an attempt, including placing flammable material or a device intending to burn: 1 to 2 years, a fine of up to $2,500, or both. Each grade sets a minimum time served before parole eligibility.

Intentionally, knowingly or recklessly mistreating an animal cruelly, abandoning it, withholding food, water, shelter or necessary veterinary care, leaving it in a vehicle where injury or death is likely, or cruelly chaining it is a misdemeanor ($300-$2,000 fine and/or up to 6 months in jail); a second or later offense is a misdemeanor with 90 days to 1 year in jail (mandatory unless a psychiatric evaluation is completed) and/or a $500-$3,000 fine. Intentionally torturing, mutilating or maliciously killing an animal is a felony: 1 to 5 years and a $1,000-$5,000 fine. A convicted person forfeits the animal, and the court must bar the person from owning, possessing or living with animals for 5 years after a misdemeanor conviction or 15 years after a felony conviction. Lawful hunting, fishing, trapping and accepted livestock practices are excluded.

Yes. Knowingly and intentionally disclosing, or threatening to disclose, an image showing another person's intimate parts or sexual conduct taken where the person expected it to stay private (or an AI-fabricated intimate image of an identifiable person), with intent to harass, intimidate, threaten, humiliate, embarrass or coerce, is a misdemeanor: up to 1 year in jail and/or a $1,000-$5,000 fine. A second or later offense is a felony: up to 3 years in prison and/or a $2,500-$10,000 fine. A civil statute (the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act) lets the depicted person sue, with attorney's fees and injunctive relief available.

Using a computer, phone or other electronic device with intent to harass or abuse (anonymous contact, contact after being told to stop, threatening a crime, or sending obscene material after being told to stop) is a misdemeanor: up to $500 and/or 6 months in jail, or up to $1,000 and/or 1 year for a second or later offense. It applies to victims of any age. For schools, each county board must adopt a policy banning harassment, intimidation or bullying, expressly including electronic acts, with student discipline; that school law carries no criminal penalty.

A minor who intentionally creates, possesses or shares a sexual image of another minor, or sends one of himself or herself, commits an act of juvenile delinquency handled in juvenile court, and the adjudication does not require sex-offender registration. It is a defense to possession that the minor neither asked for the image nor passed it on. The court or prosecutor may send the minor to an educational diversion program; for a first offense with no prior delinquency, completing it means the minor is not subject to the sexting section's requirements.

Conducting a financial transaction with proceeds of listed criminal activity, intending to promote the crime or knowing it is designed to hide the proceeds or avoid reporting requirements, is graded by amount: under $1,000 is a misdemeanor (up to 1 year in jail and/or a $1,000 fine); $1,000 to $20,000 is a felony (1-5 years and/or a $1,000-$10,000 fine); over $20,000 is a felony (2-10 years and/or a $5,000-$25,000 fine). Property involved may be forfeited, and the court may order it returned to victims.

Human trafficking (or aiding it) is a felony: 3 to 15 years if the victim is an adult and 5 to 20 years if a minor. Using a person in forced labor or debt bondage carries the same ranges. Sexual servitude, using coercion to compel an adult into commercial sex, is a felony with a determinate term of at least 25 years; making a minor available for commercial sex is at least 50 years, and the minor's consent or a belief that the minor was an adult is no defense. Human smuggling is 2-10 years (adult) or 3-15 years (minor).

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk. A pedestrian may not suddenly step into the path of a vehicle too close to stop, and on a 'Wait' signal may not start crossing; drivers must yield to pedestrians in crosswalks where signals are not operating. Violating a Walk/Wait signal is a misdemeanor with a fine of up to $100 (up to $200 for a second within a year, up to $500 for a third); other pedestrian violations fall under the traffic code's default misdemeanor penalty (up to $100 or 10 days for a first conviction). No statewide decriminalization was found.

The driver or any passenger may not drink alcohol, or knowingly possess an open alcoholic beverage container, in the passenger area of a motor vehicle on a public highway or its right-of-way, moving or parked. Passengers in buses, taxis, limousines and the living quarters of motor homes or campers are exempt. A violation is a misdemeanor with a fine of $50 to $100; several open containers in one incident count as one offense.

A person under 21 who buys, drinks, possesses, sells or serves liquor or beer commits a misdemeanor: a fine of up to $500 and/or up to 72 hours in jail (or juvenile detention), or probation of up to 1 year for a first offense. Using a fake or someone else's ID, or lying about age, to buy alcohol is a misdemeanor: up to $100 and/or 72 hours, or probation for a first offense. Possessing or displaying a fictitious or altered license, or using another's license, is a separate misdemeanor (up to $500 and/or 6 months). A juvenile adjudicated for drinking gets community service and/or fines ($25, $50, $100); a second adjudication brings a 5-90 day license suspension, and a third suspends the license until age 18.

Driving on a suspended or revoked license is a misdemeanor with a $100-$500 fine for a first or second offense; a third or later offense brings 30-90 days in jail and a $150-$500 fine. If the revocation was for DUI or for refusing a chemical test, penalties are higher: 30 days to 6 months in jail plus $100-$500 (first), 6 months to 1 year plus $1,000-$3,000 (second), and a felony of 1-3 years plus $3,000-$5,000 (third or later). The DMV extends the suspension or revocation by 6 months (DUI-related) or 90 days (repeat ordinary cases). Home detention may substitute for jail.

No one may drive on a public street or highway without a valid license for the class of vehicle. Driving unlicensed is a misdemeanor under the license chapter's default penalty: a fine of up to $500, up to 6 months in jail, or both. A licensed driver must carry the license and show it on demand; failing to do so is a misdemeanor with a fine of up to $500, but the charge is dismissed if the driver later shows a license that was valid at the time.

West Virginia law does not ban switchblades or gravity knives; it defines them, with daggers, dirks and stilettos with blades over 3.5 inches, as 'knives' (deadly weapons). A pocketknife with a blade of 3.5 inches or less, a hunting or fishing knife carried for those uses, and tool or household knives are not 'knives' unless used or meant to cause serious injury. The former under-21 carry offense has been repealed, but a minor under 18 may not carry any deadly weapon (handled in juvenile court). Possessing a deadly weapon, including any knife regardless of blade length, on a school bus, on primary or secondary school grounds, or at a school function is a felony (2-10 years and/or up to $5,000); in a courthouse it is a misdemeanor (up to 1 year and/or $1,000). Brandishing a deadly weapon to cause a breach of the peace is a misdemeanor.

Consumer fireworks (small devices meeting federal CPSC rules and listed in APA Standard 87-1), plus sparklers and novelties, may be sold by sellers licensed or certified by the State Fire Marshal. No one under 18 may buy or sell consumer fireworks. It is illegal to set off consumer fireworks on property without the owner's permission, inside or from a vehicle or building, at a vehicle, building or person, or while under the influence of alcohol or drugs. Violations without a set penalty are misdemeanors with a $100-$500 fine. No statewide dates are set in the statute, and cities may ban or regulate fireworks use within their limits.

Kidnapping (taking, hiding, confining, moving or holding someone against their will by force, threat, fraud or enticement to get a ransom or concession, injure them, terrorize them, or use them as a shield or hostage) is a felony punishable by life in prison without parole eligibility, unless the jury recommends mercy or the court allows parole on a guilty plea. If the victim is returned alive without bodily harm, the sentence is 20 to 50 years when ransom or a concession was paid, and 10 to 30 years when none was paid. A family member who takes a child believing it is in the child's interest, not for money, faces 1 to 5 years or up to a $1,000 fine, or both. Unlawful restraint (holding someone in place by force or threat without seeking a concession) is a misdemeanor: up to 1 year in jail, up to a $1,000 fine, or both.

West Virginia does not have a single general 'criminal threats' or 'menacing' offense in the sections reviewed; threats are covered by several specific laws. Threatening to commit a terrorist act (an act likely to cause serious injury or property damage meant to intimidate the public or coerce government) is a felony: 1 to 3 years, a $5,000 to $25,000 fine, or both, with restitution. Carrying or brandishing a firearm or other deadly weapon in a way that threatens a breach of the peace is a misdemeanor: 90 days to 1 year in jail, a $50 to $1,000 fine, or both. Threatening injury to obtain something of value (extortion) is a felony of 1 to 10 years, or 1 to 3 years and a $1,000 to $5,000 fine (or both) if nothing is obtained; threatening to kidnap to extort a ransom carries at least 5 years.

Stealing a car is charged as larceny: grand larceny (a felony of 1 to 10 years, or up to 1 year in jail at the court's discretion, and a fine up to $2,500) if the vehicle is worth $1,000 or more, petit larceny if less. Joyriding (unlawful taking of a vehicle: driving someone else's vehicle without consent, meaning to deprive the owner only temporarily) is a misdemeanor for a first offense (up to a $500 fine, up to 6 months in jail, or both), and a felony for a second offense (up to a $3,000 fine, 1 to 3 years in prison or up to 1 year in jail, or both) and for a third or later offense (up to a $5,000 fine, 1 to 3 years, or both). Theft of a rental vehicle obtained by fraud is a felony of 1 to 2 years (or up to 1 year in jail) and a fine up to $500.

Buying, receiving, hiding, transferring or possessing goods a person knows or has reason to believe were stolen makes that person guilty of larceny of them, so the grade follows the value: grand larceny (felony, 1 to 10 years or up to 1 year in jail, and a fine up to $2,500) at $1,000 or more, and petit larceny (misdemeanor, up to 1 year in jail, a fine up to $2,500, or both) below $1,000. The person may be prosecuted even if the thief has not been convicted. Receiving or transferring a vehicle known or believed to be stolen is a separate felony punishable by 1 to 5 years, a $500 to $5,000 fine, or both.

Yes. Organized retail theft is joining a common scheme with two or more other people to shoplift merchandise intending to sell, trade or distribute it. With a combined value of $2,000 or more it is a felony of 1 to 10 years, a $1,000 to $10,000 fine, or both; at $10,000 or more it is 2 to 20 years, a $2,000 to $25,000 fine, or both. Knowingly buying or trading for merchandise taken by three or more people in such a scheme carries the same penalties by value. Values from one scheme may be added together, the case may be tried in any county where part of it happened, and property tied to the crime is subject to forfeiture.

Manufacturing, delivering, or possessing with intent to deliver a Schedule I or II narcotic or methamphetamine is a felony of 1 to 15 years, a fine up to $25,000, or both (fentanyl: 3 to 15 years, a fine up to $50,000, or both); other Schedule I-III drugs, 1 to 5 years or up to $15,000; Schedule IV, 1 to 3 years or up to $10,000; Schedule V is a misdemeanor. Bringing drugs into the state to deliver them has weight tiers: for example 1 kilogram or more of heroin or cocaine, 50 grams or more of methamphetamine, or 5 grams or more of fentanyl carries a mandatory 15 to 30 years with no probation; mid-range amounts carry 7 to 20 years and smaller listed amounts 5 to 20 years. A 'drug kingpin' who organizes, supervises or finances a drug conspiracy involving listed amounts faces a mandatory 10 to 40 years and a fine up to $100,000.

Getting a controlled substance by misrepresentation, fraud, forgery, theft, deception or subterfuge (for example with a forged prescription) is a felony punishable by 1 to 4 years, a fine up to $30,000, or both. 'Doctor shopping' (a patient knowingly hiding from a practitioner that he or she already got a prescription for a controlled substance of similar use from another practitioner in the same period) is a separate misdemeanor: up to 9 months in jail, a fine up to $2,500, or both.

West Virginia covers injuring someone while driving impaired in its DUI law. Driving in an impaired state (including a blood alcohol level of 0.08% or more) and causing serious bodily injury to another person is a felony: 2 to 10 years and a $1,000 to $3,000 fine, plus a 5-year license revocation (life for a repeat offender) or a period conditioned on the test-and-lock program. Causing bodily injury is a misdemeanor: 1 day to 1 year in jail (at least 24 hours actually served), a $200 to $1,000 fine, and a 2-year license revocation (or test-and-lock).

Street racing (taking part in, or helping as a lookout or timer, a speed or acceleration contest against another vehicle or the clock on a public road) is a misdemeanor. First offense: a $50 to $100 fine. Second offense: a $50 to $500 fine, 6 to 60 days in jail, or both. Third and later offenses: a $100 to $1,000 fine, 60 days to 4 months in jail, or both. The DMV must also revoke the driver's license for 6 months on a first conviction, 2 years for a second within two years, and 5 years for a third within five years.

Operating a motorboat, jet ski or other motorized vessel under the influence of alcohol or drugs, or with a blood alcohol level of 0.08% or more, is a misdemeanor: 1 day to 6 months in jail (at least 24 hours actually served) and a $100 to $500 fine. Operators under 21 at 0.02% to under 0.08% face a $25 to $100 fine for a first offense. Causing bodily injury is up to 1 year in jail and a $200 to $1,000 fine; causing a death is 90 days to 1 year (misdemeanor) or, if done with reckless disregard for others' safety, a felony of 1 to 10 years and a $1,000 to $3,000 fine. A second offense is 6 months to 1 year in jail, and a third or later offense is a felony of 1 to 3 years.

Committing a fraudulent insurance act is a felony when the benefit sought is $1,000 or more: 1 to 10 years, a fine up to $10,000, or both (or, at the court's discretion, up to 1 year in jail and a fine up to $10,000). Below $1,000 it is a misdemeanor: up to 1 year in jail, a fine up to $2,500, or both. Convicted persons are subject to restitution, and a person convicted of a felony related to the business of insurance is barred from working in it. The Insurance Commissioner can also impose civil penalties up to $10,000 per violation.

Getting, or trying to get, welfare assistance one is not entitled to (or more than one is entitled to) through a willfully false statement, misrepresentation or impersonation is a misdemeanor when the total is $500 or less (a fine up to $1,000 or up to 1 year in jail) and a felony when it exceeds $500 (a fine up to $5,000 or 1 to 5 years in prison). Knowingly submitting a false Medicaid claim, or paying or taking kickbacks, is a felony of 1 to 10 years, a fine up to $10,000, or both. Unemployment benefits fraud (a knowingly false statement or hiding a material fact to get benefits) is a misdemeanor for each false statement: a $100 to $1,000 fine, up to 30 days in jail, or both, plus full repayment and a 20% penalty on the overpayment.

Bribery (offering, giving, asking for or accepting a benefit in exchange for a public servant's or party official's official action, or for violating a public duty) is a felony: 1 to 10 years in prison for an individual, or a fine up to $50,000 for a corporation, and anyone convicted is permanently barred from holding public office in West Virginia. Rewarding a public servant for past official action is a misdemeanor of 3 months to 1 year in jail, a fine up to $5,000, or both; improper gifts to public servants and trading in public office are misdemeanors of 3 months to 1 year, a $50 to $1,000 fine, or both.

Willfully trying to evade a state tax, knowingly filing a false or fraudulent return, or giving the Tax Commissioner false documents to get a credit, refund or reduction is a felony: a $1,000 to $10,000 fine, 1 to 3 years in prison (or up to 1 year in jail), or both. Willfully failing to pay a tax or file a return or report more than 30 days after it is due is a misdemeanor punishable by a $100 to $2,500 fine for each failure, after the Tax Commissioner gives 30 days' written notice.

West Virginia uses the names 'sexual assault' (intercourse or intrusion) and 'sexual abuse' (sexual contact). First-degree sexual assault (intercourse or intrusion while causing serious bodily injury or using a deadly weapon, or by a person 14 or older with a child under 12) is a felony: 15 to 35 years and a $1,000 to $10,000 fine, or 25 to 100 years if an adult offender's victim is under 12. Second-degree sexual assault (by forcible compulsion, or with a person who is physically helpless) is a felony: 10 to 25 years, with an optional $1,000 to $10,000 fine. Third-degree sexual assault (with a person who is mentally incapacitated, or by a person 16 or older with someone under 16 who is at least four years younger) is a felony: 2 to 10 years, with an optional fine up to $20,000. Sexual contact by forcible compulsion or with a helpless person (first-degree sexual abuse) is a felony of 1 to 5 years; for age-based offenses see the age-of-consent page.

Sexual intercourse or intrusion by a person 14 or older with a child under 12 is first-degree sexual assault: 15 to 35 years, or 25 to 100 years and a $5,000 to $25,000 fine when the offender is 18 or older. Sexual contact by a person 14 or older with a child under 12 is first-degree sexual abuse: 1 to 5 years, or 5 to 25 years when the offender is an adult. Sexual contact with a child under 16 (where the defendant is 16 or older and at least four years older) is third-degree sexual abuse, a felony of 1 to 3 years. Separately, a parent, guardian, custodian or person in a position of trust who engages in sexual exploitation, intercourse, intrusion or contact with a child in their care commits a felony punishable by 20 to 40 years (with an optional $1,000 to $10,000 fine), even if the child 'willingly participated'; knowingly procuring another person to do so is 10 to 30 years if the child is under 16 (2 to 10 years if 16 or older).

Producing it: using, persuading or coercing a minor to engage in sexually explicit conduct to create a visual portrayal, or creating such a portrayal, is a felony punishable by up to 10 years, a fine up to $10,000, or both (the same applies to a parent or custodian who allows it). Distributing, exhibiting, possessing, electronically accessing with intent to view, displaying or transporting such material, including computer-generated child pornography, is a felony graded by the number of images: 50 or fewer, 2 to 5 years and/or up to $5,000; more than 50 but fewer than 300, 3 to 15 years and/or up to $10,000; 300 or more, or material depicting violence against a child or bestiality, 5 to 20 years and/or up to $25,000. Each video of five minutes or less counts as 100 images. Images made by digital manipulation or artificial intelligence may qualify, and it is no defense that the person depicted is now an adult or deceased.

Yes. A person over 18 who knowingly uses a computer to solicit, entice, seduce or lure (or attempt to) a minor known or believed to be at least four years younger, in order to commit a sex offense or a felony drug offense, commits a felony punishable by 2 to 10 years, a fine up to $5,000, or both. If the person also takes an overt act to bring himself or herself into the minor's physical presence intending prohibited sexual activity, it is a felony punishable by a determinate sentence of 5 to 30 years, a fine up to $25,000, or both. 'Minor' means under 18, or a person representing himself or herself to be a minor (cases involving such a person are limited to law-enforcement investigations).

People convicted (or found not guilty by reason of mental illness) of listed offenses, including sexual assault and sexual abuse, child pornography offenses, sexual abuse by a person in a position of trust, computer solicitation of a minor, and sex trafficking, must register in person with the State Police, as must anyone whose offense a judge finds was sexually motivated. Registration lasts 10 years after release or placement on probation or parole, or for life for repeat offenders, sexually violent offenses, sexually violent predators, offenses with multiple victims, and offenses involving a minor. Registrants pay an annual $125 fee. For a 10-year registrant, knowingly failing to register or update information is a misdemeanor ($250 to $10,000 fine and/or up to 1 year in jail), a felony of 1 to 5 years on a second offense, and 5 to 25 years on a third; for a lifetime registrant it is a felony of 1 to 5 years (10 to 25 years for a repeat), and for a sexually violent predator 2 to 10 years (15 to 35 years for a repeat).

A person convicted of a crime punishable by more than one year in prison may not possess a firearm; violating this is a misdemeanor punishable by 90 days to 1 year in jail and/or a $100 to $1,000 fine. A person convicted of a felony crime of violence, a felony sexual offense, or certain felony drug offenses (Schedule I other than marijuana, Schedule II or III) who possesses a firearm commits a felony: up to 5 years and/or up to $5,000. Carrying a concealed firearm while prohibited is a separate felony (up to 3 years, or up to 10 years for the violent, sex or drug-felony group). Except for that group, a prohibited person may petition the circuit court to regain the ability to possess a firearm, and a conviction that was expunged, set aside or unconditionally pardoned does not bar possession under this section.

Accessing a computer to carry out a scheme to defraud or obtain money or property by fraud (computer fraud) is a felony: up to 10 years and/or up to $10,000. Introducing ransomware with intent to extort money is a felony: up to 10 years and/or up to $100,000. Knowingly accessing a computer without authorization to obtain computer services is a misdemeanor ($200 to $1,000 fine and/or up to 1 year). Damaging or destroying computers or data, or introducing a computer contaminant, is a misdemeanor (up to 6 months and/or $1,000) when the loss is up to $1,000 and a felony (up to 10 years and/or $200 to $10,000) above $1,000. Disrupting computer services is a misdemeanor, but disrupting or threatening to disrupt them to obtain money is a felony punishable by up to 20 years and/or up to $1,000,000.

One-party consent. It is lawful to record a phone call or an in-person conversation if you are a party to it or one party has given prior consent, unless the recording is made to commit a criminal or tortious act. Intercepting a wire, oral or electronic communication without that consent, or knowingly disclosing or using an illegally intercepted communication, is a felony punishable by up to 5 years, a fine up to $10,000, or both. A person whose communication is illegally intercepted may also sue for actual damages (at least $100 per day of violation), punitive damages and attorney fees.

Knowingly reporting a crime or emergency that did not happen, giving police false information about an actual offense or falsely implicating someone, or summoning emergency vehicles without cause (reporting a false emergency incident) is a misdemeanor: up to 6 months in jail and/or a fine up to $500. A second or later offense, or one that causes bodily injury, is a felony: 1 to 5 years and/or a $5,000 to $10,000 fine. The court may order the offender to repay the costs of the emergency response. Separately, knowingly making a materially false statement to impede a police investigation is a misdemeanor ($25 to $200 fine and/or 5 days in jail), and filing a false complaint against a law-enforcement officer is a misdemeanor (up to 6 months and/or $1,000).

Yes. Using force or threats to willfully injure, intimidate or interfere with a person's exercise of legal rights because of race, color, religion, ancestry, national origin, political affiliation or sex is a felony: up to 10 years, a fine up to $5,000, or both, and conspiring and assembling to teach violent techniques for that purpose carries the same penalty. In addition, committing any felony or misdemeanor because of the victim's race, color, religion, ancestry, national origin, political affiliation or sex is treated as an aggravating circumstance at sentencing. The statute does not list sexual orientation, gender identity or disability.

West Virginia has parole. If there is reasonable cause to believe a parolee violated a condition, the parole officer may arrest the parolee or the Commissioner of Corrections may issue a warrant. For a technical violation (not absconding, new criminal conduct, or breaking a special condition protecting the public or a victim), the officer, with written approval, may impose up to 60 days of confinement for a first violation and up to 120 days for a second, and the parolee may request a Parole Board hearing. For absconding, new crimes (other than minor traffic or simple drug possession) or violating a protective special condition, a Parole Board panel holds a hearing, with the parolee and counsel able to attend, and may revoke parole and order the remainder of the maximum sentence served. A felony conviction during parole is itself proof of a violation, and certain listed crimes require return to prison for the rest of the sentence with no further parole.

Knowingly and willfully violating key provisions of an emergency or final domestic violence protective order (or a protective bail, probation or parole condition, or certain restraining orders) is a misdemeanor: 1 day to 1 year in jail, including at least 24 hours actually served, and a $250 to $2,000 fine. A second offense is a misdemeanor of 3 months to 1 year, with at least 30 days actually served, and a $500 to $3,000 fine. A third or later offense within 10 years of a prior conviction is a misdemeanor of 6 months to 1 year, with at least 6 months actually served, and a $500 to $4,000 fine.

West Virginia uses judicial transfer on the prosecutor's written motion, after a hearing where the state must prove the grounds by clear and convincing evidence. Transfer is mandatory when there is probable cause that a juvenile 14 or older committed treason, murder, armed robbery, kidnapping, first-degree arson or first-degree sexual assault; a violent felony after a prior violent-felony adjudication; or any felony after two prior felony adjudications; it is also required if a juvenile 14 or older demands it. The court may transfer a juvenile 14 or older for a violent felony, a felony after one prior felony adjudication, or a felony using a firearm or deadly weapon, and may transfer for certain narcotic delivery or arson offenses, considering the juvenile's maturity, mental condition, family and school history; it may also transfer a child under 14 for the most serious listed offenses. Some transfer orders can be appealed directly to the Supreme Court of Appeals.

No. West Virginia abolished the death penalty: capital punishment is abolished for all offenses against the laws of the State of West Virginia, and no person convicted of any offense in violation of those laws shall be executed, regardless of whether the crime, conviction or sentence came before or after the section was enacted.

A person convicted of a felony, treason or bribery in an election, under state or federal law, cannot register or stay registered to vote while serving the sentence, including any period of incarceration, probation or parole. Once the sentence (including probation or parole) is finished, the disqualification no longer applies and the person may register again. The state constitution likewise bars voting by a person under conviction of treason, felony or bribery in an election 'while such disability continues.'

Voting returns automatically when the felony sentence, including incarceration, probation and parole, is complete. Jury service: a person convicted of perjury, false swearing or any crime punishable by more than one year in prison is disqualified, unless the conviction was expunged or set aside or the person later receives an unconditional pardon. Firearms: most people barred by a conviction may petition the circuit court of their county, which may restore the ability to possess a firearm on clear and convincing evidence that the person is competent and capable, if federal law allows; that petition is not available to people convicted of a felony crime of violence, a felony sexual offense, or certain felony drug offenses, and an expunged, set-aside or unconditionally pardoned conviction no longer bars possession. The Governor may grant reprieves and pardons after conviction. Holding public office requires being a citizen entitled to vote.

West Virginia's recidivist law covers a list of about 90 'qualifying offenses' (for example murder, robbery, burglary, grand larceny, sexual assault, felony drug delivery, third-offense DUI). On conviction of a qualifying offense with one prior conviction punishable by prison, the court adds five years to a definite sentence (or doubles the minimum of an indeterminate sentence). With two prior convictions for offenses with the same or substantially similar elements as a qualifying offense, the sentence is life in prison; prior convictions from the same transaction count as one, and the most recent prior is not counted if more than 20 years passed between release or end of supervision and the new conduct. A person convicted of first or second degree murder or first degree sexual assault who has a prior conviction for one of those offenses gets life without parole eligibility.

Regulated, adults 21 and older only. West Virginia's Select Plant-Based Derivatives Regulation Act covers naturally occurring 'hemp-derived cannabinoids': delta-9 THC at no more than 0.3 percent on a dry weight basis, delta-8 THC, delta-10 THC, HHC, THCp and THCv. Anyone who makes, processes, distributes or sells these products needs a permit from the Commissioner of Agriculture, products and labels must be approved, and retail sales carry an 11 percent privilege tax. Selling without a permit is a misdemeanor (up to 1 year in jail and/or $1,000), with a felony for repeat violations; knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses these products commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony (1 to 3 years and/or up to $5,000). Enacted 2023 (SB 220) and amended 2024 (SB 679).

Illegal. Psilocybin and psilocyn are Schedule I controlled substances. Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both (first-offender conditional discharge under § 60A-4-407 may be available). Manufacturing, delivering or possessing with intent to deliver a non-narcotic Schedule I substance is a felony punishable by 1 to 5 years in prison, a fine of up to $15,000, or both. The law says that if a psilocybin drug is approved by the U.S. Food and Drug Administration and rescheduled by the DEA, it will be lawful to prescribe, distribute and market it based on FDA recommendations.

Legal for adults 21 and older, under a permit system run by the Commissioner of Agriculture. Anyone who makes, processes, distributes or sells kratom needs a permit, products and labels must be approved, and online sellers must verify that buyers are 21 or older. The law defines a 'kratom product' as the natural leaf in simple physical form and excludes products synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile. Selling without a permit is a misdemeanor (up to 1 year and/or $1,000; felony for repeat violations); knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses kratom commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony.

Allowed. West Virginia's hemp law defines hemp to include all derivatives, extracts and cannabinoids of the plant with no more than 0.3 percent THC, and THC found in industrial hemp is not treated as THC for controlled-substance purposes. Products with hemp-derived THC (including delta-9 THC up to 0.3 percent) fall under the permit, label-approval and 21-and-older rules of the Select Plant-Based Derivatives Regulation Act, but that act does not apply to naturally occurring plant-based derivative products that contain no THC. FDA-approved cannabidiol drugs may be sold, distributed and prescribed.

21. No one may sell, give or furnish any tobacco product, which includes e-cigarettes and other vaping devices and their liquids, to a person younger than 21, and age must be verified by valid ID. Sellers face a $250 fine for a first offense, rising to up to $5,000 for repeat offenses; store clerks who are not managers get non-criminal, non-monetary penalties such as education classes or community service. West Virginia's tobacco article contains no penalty on the underage buyer for possession or use.

West Virginia protects an 'incapacitated adult' (anyone 18 or older who, because of advanced age or infirmity, cannot carry out daily activities needed to sustain life and health). Neglect, gross neglect and abuse are misdemeanors (up to 1 year in jail, with $100 to $500 fines); they become felonies when they create a substantial risk of serious bodily injury or death (1 to 5 years), cause bodily injury (2 to 10 years) or cause serious bodily injury (3 to 15 years); causing death carries 5 to 15, 5 to 25 or 5 to 40 years depending on the conduct. Financial exploitation of a person 65 or older, a protected person or an incapacitated adult is a misdemeanor under $1,000 (up to 1 year and/or $1,000) and a felony at $1,000 or more (2 to 20 years and a fine up to $10,000), with restitution.

West Virginia calls it criminal invasion of privacy. Knowingly photographing or recording another person without their knowledge while the person is fully or partially nude in a place where a reasonable person would expect privacy is a misdemeanor punishable by up to 1 year in jail, a fine of up to $5,000, or both; knowingly displaying or distributing such images carries the same penalty. A second or subsequent violation is a felony punishable by 1 to 5 years in prison, a fine of up to $10,000, or both. The section does not address sex offender registration.

Assaulting or battering a law-enforcement officer (or a government representative, health care worker, utility worker, emergency service worker or correctional employee) acting in an official capacity is a felony when the person knows or has reason to know the victim is acting in that capacity. Assault is 1 to 3 years and/or a fine up to $200; battery is 1 to 3 years and/or up to $500 (2 to 5 years for a second offense, 5 to 10 years for a third); unlawful assault causing bodily injury with intent to maim or kill is 2 to 5 years; malicious assault is 3 to 15 years. By comparison, simple assault on anyone else is a misdemeanor (up to 6 months and/or $100) and simple battery is a misdemeanor (up to 12 months and/or $500).