West Virginia Code 16-19-16 – Prohibited acts; sale or purchase of parts prohibited
(a) Except as provided in subsection (b) of this section, a person who knowingly buys or sells, for valuable consideration, a part for transplantation or therapy is guilty of a felony and, upon conviction thereof, shall be fined not more than $50 or imprisoned in a state correctional facility for a term of not more than five years, or both fined and imprisoned.
Terms Used In West Virginia Code 16-19-16
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Conviction: A judgement of guilt against a criminal defendant.
- Document of gift: means a donor card or other record used to make an anatomical gift. See West Virginia Code 16-19-3
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Part: means an organ, an eye, or tissue of a human being. See West Virginia Code 16-19-3
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See West Virginia Code 16-19-3
- Refusal: means a record created under §. See West Virginia Code 16-19-3
- Revocation: means the affirmative declaration of the potential donor's withdrawal of their decision to make or not make a document of gift. See West Virginia Code 16-19-3
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 16-19-3
(b) A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or imprisoned in a state correctional facility for a term of not more than five years.
(c) Nothing in this section prohibits a person from charging reasonable amounts for the costs of removing, processing, preserving, quality control, storing, transporting, implanting or disposing of a part.