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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.

  • W. Va. Code § 61-5-31
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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.

  • W. Va. Code § 61-5-31

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.

  • W. Va. Code § 61-5-31

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.

  • W. Va. Code § 61-5-31
Sources for this section (1)
  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.

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