West Virginia Code 19-2H-11 – Prohibited conduct; criminal penalties
(a) A person may not release or permit the release of any captive cervids from a captive cervid farming facility.
Terms Used In West Virginia Code 19-2H-11
- Conviction: A judgement of guilt against a criminal defendant.
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Owner: means the person who owns or operates a captive cervid farming facility. See West Virginia Code 19-2H-2
- Person: means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity. See West Virginia Code 19-2H-2
- Release: means to allow a cervid from a licensed captive cervid farming facility to be outside the perimeter fence of that licensed captive cervid farming facility without being under the direct control of the owner or his or her agent. See West Virginia Code 19-2H-2
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) A person may not cause the entry or introduction of wild cervids into a captive cervid farming facility.
(c) An owner may not cease operation of or abandon a captive cervid farming facility without complying with the requirements and rules promulgated under this article.
(d) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ninety days, or fined not more than $300, or both fined and confined for a first offense. Any person who violates subsection (a) or (b) of this section for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not more than $1,000, or both fined and confined.
(e) Any person who intentionally or knowingly violates subsection (a), (b) or (c) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not more than $1,000, or both fined and imprisoned.
(f) A person may not kill, injure, or take any captive cervid that is the property of another. A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $500 and pay restitution pursuant to sections four and five, article eleven-a, chapter sixty-one of this code.