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.
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.
| Conviction on land | The fine |
|---|---|
| Conviction on landFirst | The fineNot less than $100 nor more than $500 |
| Conviction on landSecond | The fineNot less than $500 nor more than $1,000 |
| Conviction on landThird and later | The fineNot less than $1,000 nor more than $1,500 |
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.
Sources for this section (2)
- W. Va. Code § 61-3B-2 — Trespass in structure or conveyance
- 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.