WEST VIRGINIA
Section 61-2-9a. STALKING; PENALTIES; DEFINITIONS. 1992. AMENDED 1994.
"(a) Any person who knowingly, willfully and repeatedly follows and harasses, or knowingly, willfully, and repeatedly follows and makes a credible threat or knowingly, willfully and repeatedly harasses and makes a credible threat against a person with whom he or she has, or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not such intention is reciprocated, or against a member of that person's immediate family, with the intent to place that person in reasonable apprehension that he or she or a member of his or her immediate family will suffer death, bodily injury, sexual assault, battery or kidnapping, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one thousand dollars, or both."
(b) Commission of the above, in violation of a court order, is a misdemeanor, punishable by jail for 90 days to one year or fined $2,000 to $5,000.
(c) A second conviction within five years is punishable by imprisonment in jail for 90 days to one year or fine of $2,000 to $5,000.
(d) A third or subsequent conviction within five years of a prior conviction is a felony punishable by incarceration in the penitentiary for one to five years or find of $3,000 to $10,000.
(e) Any person under a permanent restraining order who is convicted of a second or subsequent violation of this section shall be sentenced to jail for six months to one year, or fined $2,000 to $5,000, or both.
(f) For the purposes of this section:
(1) "Harasses" means knowing and willful conduct directed at a specific person which is done with the intent to cause mental injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat would be carried out;
3) "Bodily injury" means substantial physical pain, illness or any impairment of physical condition;
4) "Immediate family" means a spouse, parent, child, sibling, or any person who regularly resides in the household or within the prior six months regularly resided in the household.
(g) Nothing in this section shall be construed to prevent lawful assembly and petition for the redress of grievances, including, but not limited to: any labor dispute; demonstration at the seat of federal, state, county or municipal government, activities protected by the West Virginia Constitution or any statute of this state or the United States.
(h) Any person convicted under this section who is given probation or a suspended sentence shall have such probation or suspended sentence conditioned on participation in counseling or medical treatment.
"(i) On conviction, the court may issue an order restraining the defendant from any contact with the victim for a period not to exceed ten years. The length of any restraining order shall be based upon the seriousness of the violation before the court, the probability of future violations, and the safety of the victim or his or her immediate family. The duration of the restraining order may be longer than five years only in such cases when a longer duration is necessary to protect the safety of the victim or his or her immediate family.
(j) It shall be a condition of bond for any person accused of the offense described in this section that the person shall have no contact, direct or indirect, verbal or physical, with the alleged victim.
(k) Nothing in this section shall be construed to preclude a sentencing court from exercising its power to impose home confinement with electronic monitoring as an alternative sentence."
For Obscene, Anonymous, Harassing, Repeated and Threatening Telephone Calls, a misdemeanor, see West Virginia Code section 61-8-16.
On April 30, 2001, Governor Wise signed SB 192 into law. The new amendments, which went into effect on July 13, 2001, provides that a second or subsequent conviction for stalking within five years of a prior conviction, or stalking in violation of protection order of which the perpetrator received notice, constitutes a felony, which is punishable by incarceration in a state correctional facility for 1-5 years or a fine of $3,000 - $10,000.
Legislative Update: West Virginia's legislature passed HB 97 on March 7, 2002, enacting the West Virginia Computer Crime and Abuse Act. Under the new law, it is a misdemeanor for any person to, with the intent to harass or abuse another, use a computer to: make contact with a person without disclosing his or her identity; make contact with a person after that person has requested the contact to cease: threaten to commit a crime against any person or property; or cause obscene material to be transmitted to a person who has requested that such material not be sent.
