If you ought to protect and protect your property from intruders and avoid trespassing while you’re on a visit, you have to a radical understanding of trespassing laws in your state.
Only by understanding trespassing laws in your state will you already know exactly where your rights begin relating to property you control and what’s required of you relating to respecting the property of others.
But, like every other law within the country, each state imposes its own misdemeanor laws.
Today we’re West Virginia. Trespassing laws in West Virginia usually are not particularly obscure.
They are very long which implies you’ll have to read for some time and browse rigorously if you ought to fully understand them.
You’ll definitely need to know concerning the state’s signage requirements, in addition to penalties and financial penalties for infringing on another person’s property.
Read on and I’ll let you know more.
Overview of West Virginia Trespassing Law
- Most forms of trespassing in West Virginia are misdemeanors, but a number of specific violations are felonies.
- West Virginia has many special statutes covering trespassing on government property, railroads, schools, mines, and other installations.
- West Virginia requires signage to guard certain forms of property.
What constitutes trespassing in West Virginia?
While the common definition of trespass is well understood, each state has its own specific definition that applies throughout the statute on the topic.
In the case of West Virginia, a misdemeanor is generally defined intimately within the context of every statute that describes the crime.
But it will possibly generally be described as knowingly entering or staying on another person’s property and not using a license, invitation or authorization and doing so knowingly.
Depending on whether the property is fenced off or has no trespassing signs, this may increase the severity of the violation.
As I discussed within the introduction above West Virginia is unfortunately one other state with tons of long laws on this and which means you’ve got quite a bit to read but below is an excerpt from 61-3B-3 which defines trespassing on another person’s property than a constructing or technique of transport:
61-3B-3. Intrusion into property aside from structure or transportation
(a) It is an illegal offense to knowingly and without authorization, license or invitation, enter or remain on any property aside from a structure or conveyance for which a notice to not enter or remain is given by actual communication with such person or by posting, fencing or cultivation.
(b) First conviction for a felony. – Upon a primary conviction for trespassing under subsection (a) of this section, an individual is guilty of a misdemeanor and shall be fined not lower than $100 and no more than $500.
(c) Second offense conviction. – Upon a second conviction for trespassing under subsection (a) of this section, the person is guilty of a misdemeanor and can be fined not lower than $500 and no more than $1,000.
(d) Third Offense Conviction. – After a 3rd and subsequent trespassing convictions under subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not lower than $1,000 and no more than $1,500.
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Does West Virginia require “No Trespassing” signs?
Yes. No trespassing signs are required to guard certain forms of property in West Virginia, assuming they usually are not fenced or specified, those that may trespass usually are not personally notified.
Additionally, West Virginia has quite specific signage requirements, namely spacing, sign text size, and a requirement to be placed at property entrances and driveways.
You can read concerning the specific requirements for posting markings in 61-3B-1:
61-3B-1. Definitions
(4) “Land shipped” is land that has:
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(A) Marks placed not greater than five hundred feet apart along and at each corner of the boundaries of the land. Signs needs to be properly maintained, with letters not lower than two inches high and the words “no trespassing”. Signs are placed along the boundary line and on all roads, driveways and gates to the fenced area in such a way that they’re clearly visible from outside the boundary line; Or
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(C) It isn’t obligatory to advertise by posting an commercial in any enclosed lot or place not exceeding five acres in an area during which there may be a abode or property which by its nature and purpose is manifestly private to be able to obtain the advantages of this Article on entering restricted areas.
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Is a fence required to guard property?
No, it isn’t strictly required, but enclosing most properties with a fence to maintain out intruders, pedestrians or vehicles generally counts as a trespassing alert.
As a reminder, in case your property is unfenced and of a certain size with or without residential property, you will certainly need to post no trespassing signs.
What other signs indicate “no trespassing”?
Violet paint. West Virginia is certainly one of the few states that has purple paint laws relating to pre-treasure property marking.
These laws have their common name for exactly the rationale you may be considering: the law prescribes using purple stripes or stripes to display property information as an alternative of using signage.
This is kind of easy in itself, but as with posting signs, you have to to comply with the necessities imposed by the state when you want the law to support it is best to someone resolve to trespass in your declared property.
In West Virginia, these markings should be vertical lines at the least two inches wide by 8 inches long placed between 3 and 6 feet above the bottom or water surface on a tree, fence post, or other terrain feature.
Once again, you possibly can read these exact requirements for yourself taken from 61-3B-1:
61-3B-1. Definitions
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(B) Boundaries marked by a conspicuous mark painted purple, consisting of 1 vertical line not lower than eight inches long by two inches wide, and the underside of the mark not lower than three feet and greater than six feet from the bottom or the conventional water surface. Such signs are placed on immovable, everlasting objects which might be no multiple hundred feet apart and are clearly visible to anyone approaching the property. Signs must also be placed on all roads, driveways or gates to the fenced area in such a way that they’re clearly visible from outside the boundary line.
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Can Attorneys Ignore No Trespassing Signs?
NO. Attorneys generally cannot ignore a no trespassing check in West Virginia, although it will possibly still occur in urban and suburban areas, especially if the attorney is feeling daring.
That said, they need to never ignore a no trespassing check in a rural area, and certainly not should they bypass a fence, locked and locked gate, or other obstacles to entry and escape.
Can trespassing lead to an arrest in West Virginia?
Yes, possibly. Contrary to what some people think, trespassing is a criminal offense and sometimes it’s a criminal offense with serious consequences.
In West Virginia, almost any form of trespassing is a misdemeanor and can lead to a effective and potentially imprisonment.
Trespassing crime charges can lead to heavy fines and lengthy prison sentences. Think twice before trespassing on government property in any sensitive installation!
Can you sue someone for trespassing?
Yes definitely. Anyone who flagrantly trespasses in your property in defiance of posted signage, a particular stay away order, or crosses a fence to accomplish that can easily be taken to court.
The same applies if someone trespasses maliciously to commit or proceed to commit one other crime, if the trespassing damages property, or if he does so to harass or threaten the property owner.
Special Cases of Trespassing in West Virginia
West Virginia has so many special statutes covering certain circumstances of trespassing that I cannot list all of them here.
However, probably the most relevant to West Virginians is present in 61-3B-6, which deals with open-pit and sub-surface mine incursions.
Sometimes popular hangouts for shooting, exploring, exploring caves, and more are still illegal when you do not have permission to be there:
61-3B-6. Entering the mine; Penalties
(a) A one that voluntarily enters an underground coal mine without permission, whether in energetic workings, inactive workings or abandoned workings, commits a criminal offense and shall be punished by imprisonment in a correctional facility for a term of not lower than one 12 months and no more than 10 years and shall be fined not lower than $5,000 and no more than $10,000: Provided that for any conviction under this subsection, any inactive or abandoned underground workings should be: (1) Sealed; or (2) clearly marked with signage in a conspicuous place near the doorway to the mine, which states that unauthorized entry into the mine is a criminal offence.
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