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61-5-28 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Justice |
Failure to Perform Official Duties; Penalty |
Any person holding any office or appointment in this State, who shall willfully fail or refuse to perform any duty required of him by law, shall be guilty of a … |
Proofed
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61-6-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Riots and Unlawful Assemblages; Suppression |
All judges and justices may suppress riots, routs and unlawful assemblages within their jurisdiction. And it shall be the duty of each of them to go among, or a… |
Proofed
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61-6-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Commitment and Recognizance of Rioters |
If any person be arrested for a riot, rout, or unlawful assemblage, the judge or justice ordering the arrest, or any other justice, shall commit him to jail, un… |
Proofed
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61-6-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Failure of Judge or Justice to Exercise Powers at Riots and Unlawful Assemblages; Penalty |
If any judge or justice have notice of a riotous, tumultuous, or unlawful assemblage in the county in which he resides, and fail to proceed immediately to the p… |
Proofed
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61-6-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Summoning of Persons to Aid in Supressing Riots and Unlawful Assemblages |
If any person engaged in such assemblage, being commanded, as hereinbefore provided, to disperse, fail to do so without delay, any such judge or justice may req… |
Proofed
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61-6-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Death of Person in Suppression of Riot and Unlawful Assemblage |
If, by any means taken under the authority of this article to disperse any such assemblage or arrest those engaged in it, any person present, as spectator or ot… |
Proofed
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61-6-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Destruction of Building by Rioters; Penalty Therefor and for Rioting Without Such Injury |
If any person engaged in a riot, rout or unlawful assemblage, pull down or destroy, in whole or in part, any dwelling house, courthouse, jail, prison, asylum, h… |
Proofed
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61-6-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Conspiracy to Inflict Injury to Persons and Property; Infliction of Injury or Death in Pursuance Thereof; Penalties |
If two or more persons under the name of “Red Men,” “Regulators,” “Vigilance Committee,” or any other name or without a name, combine or conspire together for t… |
Proofed
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61-6-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Release or Rescue of Person in Custody Charged or Convicted Under Preceding Section; Penalty |
If any person, by force, or other unlawful means, shall release or rescue, or attempt to release or rescue, a person in prison or other custody, charged with, o… |
Proofed
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61-6-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Intimidation of Witness for State in Conspiracy Prosecutions; Penalties |
If any person shall, by threats, menaces, or otherwise, intimidate, or attempt to intimidate, a witness for the State in any prosecution under the provisions of… |
Proofed
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61-6-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Reward for Arrest in Conspiracy Cases; Employment of Special Policemen and Detectives |
The governor is hereby authorized, whenever in his opinion it is proper to do so, to offer rewards, and employ special policemen and detectives, and to employ a… |
Proofed
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61-6-11 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Employment of Nonresidents as Police; Penalties |
It shall be unlawful for any officer in this State to knowingly engage or employ any person not a bona fide resident of West Virginia, at the time of such emplo… |
Proofed
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61-6-12 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Mobs and Lynchings; Penalties; Liability of County or City |
Any collection of individuals, five or more in number, assembled for the unlawful purpose of offering violence to the person or property of any one supposed to … |
Proofed
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61-6-13 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Disturbance of Religious Worship; Penalty |
If any person willfully interrupt, molest or disturb any assembly of people met for the worship of God, he shall be guilty of a misdemeanor, and, upon convictio… |
Proofed
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61-6-14 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Disturbance of Schools, Societies, and Other Assemblies; Penalty |
If any person willfully interrupt, molest or disturb any free school, Sunday school, or other school, a school exhibition, or any literary society, or any other… |
Proofed
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61-6-15 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Horse Trading Near Fairs or Religious Meetings |
It shall be unlawful for any person to carry on the business of horse trading upon the highways or roads within one mile of any fair conducted by any state, cou… |
Proofed
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61-6-16 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Peace |
Wearing Hats in Theaters and Places of Amusement; Penalty |
No person attending any performance at any theater, hall or opera house, or any such building where theatrical or other performances are given, when an admissio… |
Proofed
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61-7-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Carrying Dangerous or Deadly Weapon Without License; Second Offense a Felony; Penalties |
If any person, without a state license therefor, carry about his person any revolver or other pistol, dirk, bowie knife, slung shot, razor, billy, metallic or o… |
Proofed
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61-7-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
License to Carry Weapons; How Obtained |
Any person desiring to obtain a state license to carry any such weapon as is mentioned in the first section of this article, within one or more counties in this… |
Proofed
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61-7-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Exception as to Persons Carrying Weapons on Own Premises or From Place of Purchase or Repair |
Nothing in this article shall prevent any person from carrying any such weapon as is mentioned in the first section of this article, in good faith and not for a… |
Proofed
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61-7-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Exception as to Express Company Employees and Railway Police; Bonds |
Nothing in this article shall prevent agents, messengers and other employees of express companies doing business as common carriers, whose duties require such a… |
Proofed
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61-7-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Exception as to Sheriffs and Certain Regularly Appointed Officers and Deputies; Bond; Liability Thereon |
Nothing in this article shall be so construed as to prohibit sheriffs, their regularly appointed deputies, who actually collect taxes in each county, and all co… |
Proofed
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61-7-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Exception as to Special Officers in Case of Riots and Emergencies; Liability of Such Persons Using Weapons |
In case of riot, public danger and emergency, a justice of the peace, or other person issuing a warrant, may authorize a special constable and his posse, whose … |
Proofed
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61-7-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Revocation of License to Carry Weapons; Notice to Licensee; How License Reinstated |
Any circuit court granting a license to carry any of the weapons mentioned in this article, the governor of the State, or the superintendent of the department o… |
Proofed
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61-7-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Possession of Machine Guns, High Powered Rifles, or Ammunition Therefor; Permits; Aliens May Not Possess Firearms |
It shall be unlawful for any person to carry, transport, or have in his possession, any machine gun, submachine gun, or what is commonly known as a high powered… |
Proofed
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61-7-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Display of Dangerous Weapons for Sale or Hire; Sale to Unnaturalized Person; Penalties |
It shall be unlawful for any person, firm or corporation to place or keep on public display to passersby on the streets, roads or alleys, for rent or sale, any … |
Proofed
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61-7-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Brandishing or Exposing Weapon Threatening or Causing Breach of the Peace; Penalty |
It shall be unlawful for any person armed with a pistol, gun, or other dangerous or deadly weapon, whether licensed to carry the same or not, to carry, expose, … |
Proofed
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61-7-11 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Negligent Shooting, Wounding or Killing of Human Being or Live Stock, While Hunting; Penalty |
It shall be unlawful for any person, while engaged in hunting or pursuing game animals, game birds or game fowl, carelessly or negligently to shoot, wound or ki… |
Proofed
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61-7-12 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Shooting Across Road or Near Building or Crowd; Penalty |
It shall be unlawful for any person to shoot or discharge any firearms across or in any public road in this State, at any time, or within four hundred feet of a… |
Proofed
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61-7-13 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Dangerous Weapons |
Duty of Officers and Other Persons to Report Violations; Penalty for Failure to Report |
It shall be the duty of all ministerial officers, consisting of justices of the peace, notaries public and other conservators of the peace of this State, to rep… |
Proofed
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61-8-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Bigamy; Penalty |
Any person, being married, who, during the life of the former husband or wife, shall marry another person in this State, or, if the marriage with such other per… |
Proofed
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61-8-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Bigamy; Effect of Absence, Divorce or Void Marriage |
The preceding section shall not extend to a person whose former husband or wife has been continuously absent from such person for seven years next before the ma… |
Proofed
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61-8-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Adultery and Fornication; Penalty |
If any person commit adultery or fornication, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty dollars. |
Proofed
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61-8-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Lewd and Lascivious Cohabitation and Conduct; Penalty; When Persons Presumed to be Unmarried |
If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open or gross lewdne… |
Proofed
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61-8-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Houses of Ill Fame and Assignation; Penalties; Jurisdiction of Justices Limited |
If any person keep a house of ill fame or assignation house, or house of like character, he shall be guilty of a misdemeanor, and, upon conviction, shall be fin… |
Proofed
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61-8-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Detention of Female in Place of Prostitution |
Whoever shall by any means keep, hold, detain against her will or restrain any female person in a house of prostitution or other place where prostitution is pra… |
Proofed
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61-8-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Procuring Female for House of Prostitution; Venue; Competency of Such Female as Witness; Marriage no Defense |
Any person who shall procure a female inmate for a house of prostitution, or who, by promises, threats, violence, or by any device or scheme, shall cause, induc… |
Proofed
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61-8-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Receiving Support From Prostitution of Female; Pimping; Penalty; Prostitute May Testify |
Any male person who, knowing a female person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds… |
Proofed
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61-8-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Vehicles in Aid of Prostitution; Penalty; Jurisdiction of Justices |
Any owner, lessee, operator, or person in charge or control of any taxicab, jitney bus, or other vehicle, who shall knowingly use or permit the same to be used … |
Proofed
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61-8-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Administering Anaesthetics to Females Save in Presence of Third Person; Penalty |
It shall be unlawful for any physician, dentist or other person to administer chloroform, ether, or any anaesthetic whatsoever, whereby sleep or total loss of s… |
Proofed
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61-8-11 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Obscene Literature, Books and Pictures; Penalty |
If any person import, print, publish, sell or distribute any book or other thing containing obscene language, or any print, picture, figure or description manif… |
Proofed
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61-8-12 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Incest; Penalty |
If any male person shall have sexual intercourse with his mother, sister or daughter, or with the daughter of his brother or sister, or if any female person sha… |
Proofed
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61-8-13 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Crimes Against Nature |
If any person shall carnally know in any manner any brute animal, or carnally know any male or female person by the anus or by or with the mouth, or voluntarily… |
Proofed
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61-8-14 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Disinterment or Displacement of Dead Body or Part Thereof; Penalty |
If any person unlawfully disinter or displace a dead human body, or any part of a dead human body, which shall have been placed or deposited in any vault, mauso… |
Proofed
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61-8-15 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Profane Swearing and Drunkenness; Penalty |
If any person arrived at the age of discretion profanely curse or swear or get drunk in public, he shall be fined by a justice one dollar for each offense. |
Proofed
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61-8-16 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Profanity or Vulgar or Indecent Language Over Telephone; Penalty |
If any person shall profanely curse, swear or abuse another, or use profane, indecent or vulgar language over any telephone wire or system in this State, or, be… |
Proofed
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61-8-17 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Labor on Sabbath Day; Shooting or Carrying Firearms on Same; Penalty |
If any person, on a Sabbath day, be found laboring at any trade or calling, or employ his minor children, apprentices or servants in labor or other business, ex… |
Proofed
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61-8-18 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Limitation of Preceding Section; Contract Made on Sabbath Day Valid |
No forfeiture shall be incurred or conviction had under the preceding section for the transportation on the Sabbath day of the mail, or of passengers and their … |
Proofed
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61-8-19 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Cruelty to Animals; Pitting Animals Against Each Other in Fight; Penalties |
If any person shall cruelly, unnecessarily or needlessly beat, torture, torment, mutilate, kill, or overload, overdrive, or willfully deprive of necessary suste… |
Proofed
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61-8-20 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Keeping Live Birds to be Shot at |
Whoever keeps or uses a live bird to be shot at either for amusement or as a test of skill in marksmanship, or shoots at a bird kept or used as aforesaid, or is… |
Proofed
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