Standing Back From First Responders
W. Va. Code § 61-5-31 — after a verbal warning, not within 30 feet in a way that impedes or threatens
A warning first. It is unlawful, after a verbal warning not to approach from a person known to be a first responder doing a lawful duty, to knowingly and willfully approach or remain within 30 feet of them in a way that impedes or interferes with the duty.
Approaching or remaining that close to threaten or menace the first responder with physical harm is the other way to violate the section. First responders include law-enforcement officers, probation officers, firefighters and emergency responders.
A violation is a misdemeanor, with a fine of not less than $50 nor more than $500 or jail of not more than one year, or both.
The section turns on a warning and on impeding or threatening, not on standing nearby. A particular situation is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 61-5-31 — Bystanders shall stand 30 feet back from first responders
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.