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Trespass

W. Va. Code § 61-3B-3 — notice by word, posting, fencing or cultivation, and a structure entered without invitation

A structure. Knowingly entering a structure or conveyance without being authorized, licensed or invited, or refusing to leave when the owner or tenant asks, is a misdemeanor with a fine of not more than $100.

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Other property is trespassed on by knowingly entering or remaining without authorization where notice against it was given by actual communication, posting, fencing or cultivation.

  • W. Va. Code § 61-3B-3
Conviction on landThe fine
Conviction on landFirstThe fineNot less than $100 nor more than $500
Conviction on landSecondThe fineNot less than $500 nor more than $1,000
Conviction on landThird and laterThe fineNot less than $1,000 nor more than $1,500
  • W. Va. Code § 61-3B-3

Defying an order to leave, letting animals out through an opened gate, or causing damage raises the penalty. A particular case is a question for a licensed West Virginia attorney.

  • W. Va. Code § 61-3B-3
Sources for this section (2)
  1. W. Va. Code § 61-3B-2 — Trespass in structure or conveyance
  2. W. Va. Code § 61-3B-3 — Trespass on property other than structure or conveyance

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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